18 U.S. Code § 3006A - Adequate representation of defendants
[1] See References in Text note below.
[2] So in original. Probably should be “United States magistrate judge”.
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, § 529 [title I, § 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.
2024—Subsec. (d)(1). Pub. L. 118–47, § 307(1)(A), inserted “, or the attorney’s law firm,” after “appointed pursuant to this section”.
Subsec. (d)(2). Pub. L. 118–47, § 307(1)(B), inserted “, or the attorney’s law firm,” after “paid to an attorney” in two places.
Subsec. (d)(5). Pub. L. 118–47, § 307(1)(C), inserted “, or the attorney’s law firm” after “paid to the attorney”.
Subsec. (f). Pub. L. 118–47, § 307(2), inserted “, or the attorney’s law firm” after “paid to the appointed attorney”.
2010—Subsec. (e)(2). Pub. L. 111–174, § 7(1)(A), substituted “$800” for “$500” in subpars. (A) and (B).
Subsec. (e)(3). Pub. L. 111–174, § 7(1)(B), substituted “$2,400” for “$1,600” in first sentence.
Subsec. (e)(5). Pub. L. 111–174, § 7(2), added par. (5).
2008—Subsec. (d)(2). Pub. L. 110–406, § 11, inserted at end “The compensation maximum amounts provided in this paragraph shall increase simultaneously by the same percentage, rounded to the nearest multiple of $100, as the aggregate percentage increases in the maximum hourly compensation rate paid pursuant to paragraph (1) for time expended since the case maximum amounts were last adjusted.”
Subsecs. (d)(3), (e)(3). Pub. L. 110–406, § 12(a), (b), inserted “or senior” after “active” in second sentence.
2004—Subsec. (d)(2). Pub. L. 108–447, § 304(a), substituted “$7,000” for “$5,200” and “$2,000” for “$1,500” in first sentence, “$5,000” for “$3,700” in second sentence, “$1,500” for “$1,200” and “$5,000” for “$3,900” in fifth sentence, and “$1,500” for “$1,200” in last sentence.
Subsec. (e)(2). Pub. L. 108–447, § 304(b)(1), substituted “$500” for “$300” in subpars. (A) and (B).
Subsec. (e)(3). Pub. L. 108–447, § 304(b)(2), substituted “$1,600” for “$1,000” in first sentence.
2000—Subsec. (d)(1). Pub. L. 106–518, § 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, § 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, § 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, § 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, § 903(a)(2), added par. (4).
1988—Subsec. (a)(1)(J). Pub. L. 100–690, § 7101(f)(1), added subpar. (J).
Subsec. (d)(2). Pub. L. 100–690, § 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, § 103, made technical amendments to Pub. L. 98–473, § 223(e), see 1984 Amendment note below.
Pub. L. 99–651, § 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, § 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, § 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, § 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, § 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, § 102(a)(3)(D), substituted “provided representation to the person involved” for “represented the defendant”.
Subsec. (e)(1). Pub. L. 99–651, § 102(a)(4)(A), substituted “adequate representation” for “an adequate defense”.
Subsec. (e)(2). Pub. L. 99–651, § 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, § 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, § 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, § 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, § 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, § 102(a)(5)(C), added par. (3).
Subsec. (h). Pub. L. 99–651, § 102(b)(1), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g).
Subsec. (i). Pub. L. 99–651, § 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, § 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, § 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, § 405(a), added cl. (4) and redesignated former cl. (4) as (5).
Subsec. (a)(1)(A). Pub. L. 98–473, § 223(e)(1), as amended by Pub. L. 99–651, § 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, § 223(e)(2), as amended by Pub. L. 99–651, § 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, § 223(e)(3), as amended by Pub. L. 99–651, § 103, substituted “Class B or C misdemeanor, or an infraction” for “petty offense”.
Subsec. (d)(1). Pub. L. 98–473, § 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, § 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, § 405(b), struck out reference to section 4245 of title 18.
1982—Subsec. (h)(2)(A). Pub. L. 97–164, § 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, § 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, § 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, § 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, § 1(a), expanded the scope of representation by appointed counsel to include ancillary matters appropriate to the proceedings.
Subsec. (d). Pub. L. 91–447, § 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, § 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, § 1(a), substantially reenacted subsec. (f).
Subsecs. (g) to (k). Pub. L. 91–447, § 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, § 1(c), added subsec. (l).
1968—Subsecs. (b) to (d). Pub. L. 90–578 substituted “United States magistrate” for “United States commissioner” wherever appearing.
“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.
Pub. L. 106–113, div. B, § 1000(a)(1) [title III, § 308(b)], Nov. 29, 1999, 113 Stat. 1535, 1501A–37, provided that:
Pub. L. 104–132, title IX, § 903(c), Apr. 24, 1996, 100 Stat. 1318, provided that:
Pub. L. 100–182, § 26, Dec. 7, 1987, 101 Stat. 1272, provided that:
Pub. L. 99–651, title I, § 105, Nov. 14, 1986, 100 Stat. 3646, provided that:
Amendment by section 223(e) of Pub. L. 98–473 effective Nov. 1, 1987, and applicable only to offenses committed after the taking effect of such amendment, see section 235(a)(1) of Pub. L. 98–473, set out as an Effective Date note under section 3551 of this title.
Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 93–412, § 4, Sept. 3, 1974, 88 Stat. 1093, provided in part that the amendment of subsec. (l) of this section by Pub. L. 93–412 shall take effect on Sept. 3, 1974.
Pub. L. 91–447, § 3, Oct. 14, 1970, 84 Stat. 920, provided that:
Amendment by Pub. L. 90–578 effective Oct. 17, 1968, except when a later effective date is applicable, which is the earlier of date when implementation of amendment by appointment of magistrates [now United States magistrate judges] and assumption of office takes place or third anniversary of enactment of Pub. L. 90–578 on Oct. 17, 1968, see section 403 of Pub. L. 90–578, set out as a note under section 631 of Title 28, Judiciary and Judicial Procedure.
Pub. L. 99–651, title I, § 101, Nov. 14, 1986, 100 Stat. 3642, provided that:
Pub. L. 98–473, title II, Oct. 12, 1984, 98 Stat. 2185, provided in part that:
Pub. L. 88–455, § 1, Aug. 20, 1964, 78 Stat. 552, provided:
Pub. L. 97–164, title II, § 206(c), Apr. 2, 1982, 96 Stat. 53, provided that:
Pub. L. 105–119, title VI, § 617, Nov. 26, 1997, 111 Stat. 2519, provided that:
Pub. L. 102–572, title VII, § 702, Oct. 29, 1992, 106 Stat. 4515, provided that:
Pub. L. 101–650, title III, § 318, Dec. 1, 1990, 104 Stat. 5116, as amended by Pub. L. 102–198, § 9, Dec. 9, 1991, 105 Stat. 1626, directed Judicial Conference of the United States to conduct a study of effectiveness of Federal defender program and to transmit a report on results of study to Committees on the Judiciary of Senate and House of Representatives no later than Mar. 31, 1993, with report to include recommendations for legislation, a proposed formula for compensation of Federal defender program counsel, and suggestions for procedural and operational changes by courts.
Pub. L. 101–45, title II, § 102, June 30, 1989, 103 Stat. 122, provided in part:
Pub. L. 95–144, § 5(c), Oct. 28, 1977, 91 Stat. 1222, provided that:
Pub. L. 91–447, § 2, Oct. 14, 1970, 84 Stat. 920, provided that a United States commissioner for a district could exercise any power, function, or duty authorized to be performed by a United States magistrate under the amendments made by section 1 of Pub. L. 91–447, which amended this section, if such commissioner had authority to perform such power, function, or duty prior to the enactment of such amendments.
Pub. L. 88–455, § 3, Aug. 20, 1964, 78 Stat. 554, directed each district court to submit a plan in accord with section 3006A of this title and the rules of the Judicial Conference of the United States to the judicial council of the circuit within 6 months from Aug. 20, 1964, further directed each judicial council to approve and send to the Administrative Office of the United States courts a plan for each district in its circuit within 9 months from Aug. 20, 1964, and also directed each district court and court of appeals to place its approved plan in operation within 1 year from Aug. 20, 1964.