|
U.S. Code as of:
01/19/04
Section 3006A - Notes
SOURCE
(Added Pub. L. 88-455, Sec. 2, Aug. 20, 1964, 78 Stat. 552; amended
Pub. L. 90-578, title III, Sec. 301(a)(1), Oct. 17, 1968, 82 Stat.
1115; Pub. L. 91-447, Sec. 1, Oct. 14, 1970, 84 Stat. 916; Pub. L.
93-412, Sec. 3, Sept. 3, 1974, 88 Stat. 1093; Pub. L. 97-164, title
II, Sec. 206(a), (b), Apr. 2, 1982, 96 Stat. 53; Pub. L. 98-473,
title II, Secs. 223(e), 405, 1901, Oct. 12, 1984, 98 Stat. 2028,
2067, 2185; Pub. L. 99-651, title I, Secs. 102, 103, Nov. 14, 1986,
100 Stat. 3642, 3645; Pub. L. 100-182, Sec. 19, Dec. 7, 1987, 101
Stat. 1270; Pub. L. 100-690, title VII, Sec. 7101(f), Nov. 18,
1988, 102 Stat. 4416; Pub. L. 101-650, title III, Sec. 321, Dec. 1,
1990, 104 Stat. 5117; Pub. L. 104-132, title IX, Sec. 903(a), Apr.
24, 1996, 110 Stat. 1318; Pub. L. 105-119, title III, Sec. 308,
Nov. 26, 1997, 111 Stat. 2493; Pub. L. 106-113, div. B, Sec.
1000(a)(1) [title III, Sec. 308(a)], Nov. 29, 1999, 113 Stat. 1535,
1501A-37; Pub. L. 106-518, title II, Secs. 210, 211, Nov. 13, 2000,
114 Stat. 2415.)
REFERENCES IN TEXT
The effective date of the Criminal Justice Act Revision of 1986,
referred to in subsec. (d)(1), is, with qualifications, 120 days
after Nov. 14, 1986. See section 105 of Pub. L. 99-651, set out
below as an Effective Date of 1986 Amendment note.
Section 5305 of title 5, referred to in subsec. (d)(1), was
amended generally by Pub. L. 101-509, title V, Sec. 529 [title I,
Sec. 101(a)(1)], Nov. 5, 1990, 104 Stat. 1427, 1436, and, as so
amended, does not relate to adjustments in the rate of pay under
the General Schedule. See section 5303 of Title 5, Government
Organization and Employees.
The amendment made by paragraph (4), referred to in subsec.
(d)(4)(F), probably means the amendment by section 308 of Pub. L.
105-119, which struck out former par. (4) of subsec. (d) and
inserted the new par. (4).
Enactment of this Act, referred to in subsec. (d)(4)(F), probably
means the date of enactment of Pub. L. 105-119, which enacted
subsec. (d)(4) of this section and was approved Nov. 26, 1997.
The provisions of title 5 governing appointments in the
competitive service, referred to in subsec. (g)(2)(A), are
classified to section 3301 et seq. of Title 5.
AMENDMENTS
2000 - Subsec. (d)(1). Pub. L. 106-518, Sec. 211, substituted
"Attorneys may be reimbursed for expenses reasonably incurred,
including the costs of transcripts authorized by the United States
magistrate or the court, and the costs of defending actions
alleging malpractice of counsel in furnishing representational
services under this section. No reimbursement for expenses in
defending against malpractice claims shall be made if a judgment of
malpractice is rendered against the counsel furnishing
representational services under this section. The United States
magistrate or the court shall make determinations relating to
reimbursement of expenses under this paragraph." for "Attorneys
shall be reimbursed for expenses reasonably incurred, including the
costs of transcripts authorized by the United States magistrate or
the court."
Subsec. (d)(2). Pub. L. 106-518, Sec. 210(4), (5), inserted after
second sentence "For representation of a petitioner in a
non-capital habeas corpus proceeding, the compensation for each
attorney shall not exceed the amount applicable to a felony in this
paragraph for representation of a defendant before a judicial
officer of the district court. For representation of such
petitioner in an appellate court, the compensation for each
attorney shall not exceed the amount applicable for representation
of a defendant in an appellate court." and substituted "$1,200" for
"$750" in last sentence.
Pub. L. 106-518, Sec. 210(1)-(3), in first sentence, substituted
"$5,200" for "$3,500" and "$1,500" for "$1,000", in second
sentence, substituted "$3,700" for "$2,500", and in third sentence,
substituted "$1,200" for "$750" and "$3,900" for "$2,500".
1999 - Subsec. (d)(4)(D)(vi). Pub. L. 106-113 inserted ", except
that the amount of the fees shall not be considered a reason
justifying any limited disclosure under section 3006A(d)(4) of
title 18, United States Code" after "require".
1997 - Subsec. (d)(4). Pub. L. 105-119 reenacted par. heading
without change and amended text generally. Prior to amendment, text
read as follows: "The amounts paid under this subsection, for
representation in any case, shall be made available to the public."
1996 - Subsec. (d)(4) to (7). Pub. L. 104-132, Sec. 903(a)(1),
added par. (4) and redesignated former pars. (4) to (6) as (5) to
(7), respectively.
Subsec. (e)(4). Pub. L. 104-132, Sec. 903(a)(2), added par. (4).
1988 - Subsec. (a)(1)(J). Pub. L. 100-690, Sec. 7101(f)(1), added
subpar. (J).
Subsec. (d)(2). Pub. L. 100-690, Sec. 7101(f)(2), inserted
provisions at end to representation of offender before United
States Parole Commission, and in appeal from determination of such
Commission.
1987 - Subsec. (a)(1)(E) to (I). Pub. L. 100-182 added subpar.
(E) and redesignated former subpars. (E) to (H) as (F) to (I),
respectively.
1986 - Subsec. (a). Pub. L. 99-651, Sec. 103, made technical
amendments to Pub. L. 98-473, Sec. 223(e), see 1984 Amendment note
below.
Pub. L. 99-651, Sec. 102(a)(1), substituted "in accordance with
this section. Representation under each plan shall include counsel
and investigative, expert, and other services necessary for
adequate representation. Each plan shall provide the following:"
and pars. (1) to (3) for prior provisions which read as follows:
"(1) who is charged with a felony or misdemeanor (other than a
petty offense as defined in section 1 of this title) or with
juvenile delinquency by the commission of an act which, if
committed by an adult, would be such a felony or misdemeanor or
with a violation of probation, (2) who is under arrest, when such
representation is required by law, (3) who is subject to revocation
of parole, in custody as a material witness, or seeking collateral
relief, as provided in subsection (g), (4) whose mental condition
is the subject of a hearing pursuant to chapter 313 of this title,
or (5) for whom the Sixth Amendment to the Constitution requires
the appointment of counsel or for whom, in a case in which he faces
loss of liberty, any Federal law requires the appointment of
counsel. Representation under each plan shall include counsel and
investigative, expert, and other services necessary for an adequate
defense. Each plan shall include a provision for private attorneys.
The plan may include, in addition to a provision for private
attorneys in a substantial proportion of cases, either of the
following or both:
"(1) attorneys furnished by a bar association or a legal aid
agency; or
"(2) attorneys furnished by a defender organization established
in accordance with the provisions of subsection (h)."
Subsec. (b). Pub. L. 99-651, Sec. 102(a)(2), substituted "In
every case in which a person entitled to representation under a
plan approved under subsection (a)" for "In every criminal case in
which the defendant is charged with a felony or a misdemeanor
(other than a petty offense as defined in section 1 of this title)
or with juvenile delinquency by the commission of an act which, if
committed by an adult, would be such a felony or misdemeanor or
with a violation of probation and" and substituted "person" for
"defendant" and "persons" for "defendants" wherever appearing.
Subsec. (d)(1). Pub. L. 99-651, Sec. 102(a)(3)(A), substituted
"court, unless the Judicial Conference determines that a higher
rate of not in excess of $75 per hour is justified for a circuit or
for particular districts within a circuit, for time expended in
court or before a United States magistrate and for time expended
out of court. The Judicial Conference shall develop guidelines for
determining the maximum hourly rates for each circuit in accordance
with the preceding sentence, with variations by district, where
appropriate, taking into account such factors as the minimum range
of the prevailing hourly rates for qualified attorneys in the
district in which the representation is provided and the
recommendations of the judicial councils of the circuits. Not less
than 3 years after the effective date of the Criminal Justice Act
Revision of 1986, the Judicial Conference is authorized to raise
the maximum hourly rates specified in this paragraph up to the
aggregate of the overall average percentages of the adjustments in
the rates of pay under the General Schedule made pursuant to
section 5305 of title 5 on or after such effective date. After the
rates are raised under the preceding sentence, such maximum hourly
rates may be raised at intervals of not less than 1 year each, up
to the aggregate of the overall average percentages of such
adjustments made since the last raise was made under this
paragraph. Attorneys" for "court. Such attorney".
Subsec. (d)(2). Pub. L. 99-651, Sec. 102(a)(3)(B), substituted
"$3,500" for "$2,000", "$1,000" for "$800", "$2,500" for "$2,000",
and substituted provision that for any other representation
required or authorized by this section, the compensation shall not
exceed $750 for each attorney in each proceeding, for provision
that for representation in connection with a post-trial motion made
after the entry of judgment or in a probation revocation proceeding
or for representation provided under subsection (g) the
compensation could not exceed $500 for each attorney in each
proceeding in each court.
Subsec. (d)(3). Pub. L. 99-651, Sec. 102(a)(3)(C), inserted
provision that the chief judge of the circuit may delegate such
approval authority to an active circuit judge.
Subsec. (d)(4). Pub. L. 99-651, Sec. 102(a)(3)(D), substituted
"provided representation to the person involved" for "represented
the defendant".
Subsec. (e)(1). Pub. L. 99-651, Sec. 102(a)(4)(A), substituted
"adequate representation" for "an adequate defense".
Subsec. (e)(2). Pub. L. 99-651, Sec. 102(a)(4)(B), designated
existing provisions as subpar. (A), and substituted reference to
adequate representation for reference to an adequate defense,
inserted exception relating to subpar. (B), increased the
authorized amount for services from $150 to $300, and added subpar.
(B).
Subsec. (e)(3). Pub. L. 99-651, Sec. 102(a)(4)(C), substituted
"$1,000" for "$300" and inserted provision that the chief judge of
the circuit may delegate such approval authority to an active
circuit judge.
Subsec. (g). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.
(h) as (g), and struck out former subsec. (g) which provided for
discretionary appointments by the court or magistrate.
Subsec. (g)(2)(A), formerly (h)(2)(A). Pub. L. 99-651, Sec.
102(a)(5)(A), substituted "in accordance with section 605 of title
28" for "similarly as under title 28, United States Code, section
605, and subject to the conditions of that section", and after
fourth sentence inserted provision authorizing the continuation in
office, upon a majority vote of the judges of the court of appeals,
of a Federal Public Defender whose term has expired until
appointment of a successor or until one year after the expiration
of such Defender's term, whichever is earlier.
Subsec. (g)(2)(B), formerly (h)(2)(B). Pub. L. 99-651, Sec.
102(a)(5)(B), substituted "for the next fiscal year" for "for the
coming year" in introductory provisions.
Subsec. (g)(3), formerly (h)(3). Pub. L. 99-651, Sec.
102(a)(5)(C), added par. (3).
Subsec. (h). Pub. L. 99-651, Sec. 102(b)(1), redesignated subsec.
(i) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 99-651, Sec. 102(a)(6), (b)(1), redesignated
subsec. (j) as (i) and inserted provision for funding continuing
education and training of persons providing representational
services under this section. Former subsec. (i) redesignated (h).
Subsec. (j). Pub. L. 99-651, Sec. 102(b), redesignated subsec.
(k) as (j), and amended subsec. (j) generally to include the
District Court for the Northern Mariana Islands. Former subsec. (j)
redesignated (i).
Subsecs. (k), (l). Pub. L. 99-651, Sec. 102(a)(7), (b)(1),
redesignated subsec. (l) as (k) and substituted "this section shall
apply" for "this Act, other than subsection (h) of section 1, shall
apply" and "this section shall not apply" for "this Act shall not
apply". Former subsec. (k) redesignated (j).
1984 - Subsec. (a). Pub. L. 98-473, Sec. 405(a), added cl. (4)
and redesignated former cl. (4) as (5).
Subsec. (a)(1)(A). Pub. L. 98-473, Sec. 223(e)(1), as amended by
Pub. L. 99-651, Sec. 103, substituted "Class A misdemeanor" for
"misdemeanor (other than a petty offense as defined in section 1 of
this title)".
Subsec. (a)(1)(E) to (I). Pub. L. 98-473, Sec. 223(e)(2), as
amended by Pub. L. 99-651, Sec. 103, redesignated subpars. (F) to
(I) as (E) to (H), respectively, and struck out former subpar. (E)
which required that representation be provided for any financially
eligible person who was entitled to appointment of counsel in
parole proceedings under chapter 311 of this title.
Subsec. (a)(2)(A). Pub. L. 98-473, Sec. 223(e)(3), as amended by
Pub. L. 99-651, Sec. 103, substituted "Class B or C misdemeanor, or
an infraction" for "petty offense".
Subsec. (d)(1). Pub. L. 98-473, Sec. 1901(1)-(3), substituted
"$60" for "$30" and "$40" for "$20", and struck out ", or such
other hourly rate, fixed by the Judicial Council of the Circuit,
not to exceed the minimum hourly scale established by a bar
association for similar services rendered in the district" at end
of first sentence.
Subsec. (d)(2). Pub. L. 98-473, Sec. 1901(4)-(6), substituted
"$2,000" for "$1,000" in two places, "$800" for "$400", and "$500"
for "$250".
Subsec. (g). Pub. L. 98-473, Sec. 405(b), struck out reference to
section 4245 of title 18.
1982 - Subsec. (h)(2)(A). Pub. L. 97-164, Sec. 206(a),
substituted "court of appeals" for "judicial council" wherever
appearing and "court of appeals of the circuit" for "Judicial
Council of the Circuit".
Subsec. (i). Pub. L. 97-164, Sec. 206(b), substituted "court of
appeals" for "judicial council".
1974 - Subsec. (l). Pub. L. 93-412 substituted "shall apply in
the United States District Court for the District of Columbia and
the United States Court of Appeals for the District of Columbia
Circuit. The provisions of this Act shall not apply to the Superior
Court of the District of Columbia and the District of Columbia
Court of Appeals", for "shall be applicable in the District of
Columbia", and struck out provisions that the plan of the District
of Columbia shall be approved jointly by the Judicial Council of
the District of Columbia Circuit and the District of Columbia Court
of Appeals.
1970 - Subsec. (a). Pub. L. 91-447, Sec. 1(a), expanded coverage
of district court plan for furnishing representation to financially
disabled persons to include defendants charged with violation of
probation, any person under arrest when such representation is
required by law, any person who is subject to revocation of parole,
in custody as a material witness, or seeking collateral relief as
provided in subsec. (g) of this section, and any person for whom
the Sixth Amendment to the Constitution requires appointment of
counsel or for whom, in a case in which he faces loss of liberty,
any Federal law requires the appointment of counsel, and required
each plan to include a provision for participation by private
attorneys in a substantial proportion of cases, as well as
permitting attorneys to be furnished by bar, legal aid, or defender
organizations in accordance with subsec. (h) of this section.
Subsec. (b). Pub. L. 91-447, Sec. 1(a), provided for appointment
of counsel from a bar association, legal aid agency, or defender
organization as well as from a panel of attorneys approved by the
court, expanded advice to defendant of right to appointment of
counsel where defendant is charged with juvenile delinquency by the
commission of an act which, if committed by an adult, would be a
felony or misdemeanor or with violation of probation, and provided
for appointment of counsel to be retroactive so as to include any
representation furnished pursuant to the plan prior to appointment.
Subsec. (c). Pub. L. 91-447, Sec. 1(a), expanded the scope of
representation by appointed counsel to include ancillary matters
appropriate to the proceedings.
Subsec. (d). Pub. L. 91-447, Sec. 1(a), raised the rate of
compensation not to exceed $30 per hour for time expended in court
and $20 per hour for time reasonably expended out of court,
increased the limit to $1,000 for each attorney in a case involving
one or more alleged felonies and $400 for each attorney in a case
in which one or more misdemeanors are charged, established a $1,000
maximum for each attorney in each court for cases on appeal and
provided a $250 maximum for each attorney for representation in
connection with a post-trial motion, probation revocation
proceedings and matters covered by subsec. (g) such as parole
revocation and collateral relief proceedings, provided for waiver
of maximum amounts and payment in excess of those amounts for
extended or complex representation upon approval of the chief judge
of the circuit, provided for separate claims of compensation to be
submitted to the appropriate court, thus a U.S. magistrate fixes
compensation in cases before him, appellate court fixes
compensation in cases before it and in all other instances claims
are to be made to the district court, provided a court order
granting a new trial is deemed to initiate a new case for the
purpose of compensation, and facilitate appellate proceedings by
allowing a defendant for whom counsel is appointed to appeal or
petition for a writ of certiorari without prepayment of fees and
cost of security therefore and without filing the affidavit
required by section 1915(a).
Subsec. (e). Pub. L. 91-447, Sec. 1(a), limited to $150, plus
reasonable expenses, subject to later review and approval by the
court, the cost of investigative, expert, or other services
necessary for an adequate defense where these services are obtained
without prior authorization because circumstances prevented counsel
from securing prior court authorization, maintained existing limit
on payment for authorized services at a $300 maximum but permitted
waiver of that maximum if the court certifies that payment in
excess of that limit is necessary to provide fair compensation, and
provided that the amount of any excess payment must be approved by
the chief judge of the circuit.
Subsec. (f). Pub. L. 91-447, Sec. 1(a), substantially reenacted
subsec. (f).
Subsecs. (g) to (k). Pub. L. 91-447, Sec. 1(b), added subsecs.
(g) and (h) and redesignated existing subsecs. (g) to (i) as (i) to
(k), respectively.
Subsec. (l). Pub. L. 91-447, Sec. 1(c), added subsec. (l).
1968 - Subsecs. (b) to (d). Pub. L. 90-578 substituted "United
States magistrate" for "United States commissioner" wherever
appearing.
CHANGE OF NAME
"United States magistrate judge" substituted for "United States
magistrate" wherever appearing in text pursuant to section 321 of
Pub. L. 101-650, set out as a note under section 631 of Title 28,
Judiciary and Judicial Procedure.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-113, div. B, Sec. 1000(a)(1) [title III, Sec.
308(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A-37, provided that:
"This section [amending this section] shall apply to all
disclosures made under section 3006A(d) of title 18, United States
Code, related to any criminal trial or appeal involving a sentence
of death where the underlying alleged criminal conduct took place
on or after April 19, 1995."
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 983, 3162, 3626, 4109,
4247 of this title; title 8 section 1534; title 10 section 876b;
title 28 sections 753, 1825, 1875, 2254, 2255, 2671; title 42
section 1997e; title 48 section 1824.
|