< Back to S. 1057 (88th Congress, 1963–1964)

Text of the An Act to promote the cause of criminal justice by providing for the representation of defendants who are financially unable ...

...are financially unable to obtain an adequate defense in criminal cases in the courts of the United States

This bill was enacted on August 20, 1964. The text of the bill below is as of Aug 20, 1964 (Passed Congress/Enrolled Bill).

552                               PUBLIC LAW 88-455-AUG. 20, 1964                      [78 STAT.

                 Public Law 88-455
 August 20, 1964                                      AN ACT
    [S. 1057]    rpQ promote the calise of criminal justice by providing for the representation of
                    defendants who are financially unable to obtain an adequate defense in
                    criminal cases in the courts of the United States.

                        Be it enacted hy the Senate and House of Re^jresentatives of the
Ac^'^oT^'o^e"^"^"''^ C-^ni^ec? States of America in Congress assembled, That this Act may-
                     be cited as the "Criminal Justice Act of 1964."
                        SEC. 2, Title 18 of the United States Code is amended by adding
                     immediately after section 3006 the following new section:
                     "§ 3006A. Adequate representation of defendants
                        "(a) CHOICE or PLAN.—Each United States district court, with the
                     approval of the judicial council of the circuit, shall place in operation
                     throughout the district a plan for furnishing representation for
                     defendants charged with felonies or misdemeanors, other than petty
 62 Stat. 684.       offenses as defined in section 1 of this title, who are financially unable
                     to obtain an adequate defense. Representation under each plan shall
                     include counsel and investigative, expert, and other services necessary
                     to an adequate defense. The provision for counsel under each plan
                     shall conform to one of the following:
                             "(1) Representation by private attorneys;
                             "(2) Representation by attorneys furnished by a bar associa-
                          tion or a legal aid agency; or
                             " (3) Representation according to a plan containing a combina-
                          tion of the foregoing.
                     Prior to approving the plan for a district, the judicial council of the
                     circuit shall supplement the plan with provisions for the representa-
                     tion on appeal of defendants financially unable to obtain representa-
                     tion. Consistent with the provisions of this section, the district court
                     may modify a plan at any time with the approval of the judicial coun-
                     cil of the circuit; it shall modify the plan when directed by the judicial
                     council of the circuit. The district court shall notify the Administra-
                     tive Office of the United States Courts of modifications in its plan.
                        "(b) APPOINTMENT or COUNSEL.—In every criminal case in which
                     the defendant is charged with a felony or a misdemeanor, other than
                     a petty offense, and appears without counsel, the United States com-
                     missioner or the court shall advise the defendant that he has the right
                     to be represented by counsel and that counsel will be appointed
                     to represent him if he is financially unable to obtain counsel. Unless
                     the defendant waives the appointment of counsel, the United States
                     commissioner or the court, if satisfied after appropriate inquiry that
                     the defendant is financially unable to obtain counsel, shall appoint
                     counsel to represent him. The United States commissioner or the
                     court shall appoint separate counsel for defendants who have such
                     conflicting interests that they cannot properly be represented by the
                     same counsel, or w^hen other good cause is shown. Counsel appointed
                     by the United States commissioner or a judge of the district court
                     shall be selected from a panel of attorneys designated or approved
                     by the district court.
                    " ( c ) DURATION AND SUBSTITUTION OF APPOINTMENTS.—A defendant
                 for whom counsel is appointed shall be represented at every stage of
                 the proceedings from his initial appearance before the United States
                 commissioner or court through appeal. If at any time after the
                 appointment of counsel the court having jurisdiction of the case finds
                 that the defendant is financially able to obtain counsel or to make
                 partial payment for the representation, he may terminate the appoint-
                 ment of counsel or authorize payment as provided in subsection ( f ) ,

78 STAT. ] PUBLIC LAW 88-455-AUG. 20, 1964 553 as the interests of justice may dictate. If at any stage of the proceed- ings, including an appeal, the court having jurisdiction of the case finds that the defendant is financially unable to pay counsel whom he had retained, the court may appoint counsel as provided in subsection (b) and authorize payment as provided in subsection ( d ) , as the Substitution of interests of justice may dictate. The United States commissioner or counsel. the court may, in the interests of justice, substitute one appointed counsel for another at any stage of the proceedings. " ( d ) PAYMENT FOR REPRESENTATION.—An attorney appointed pur- suant to this section, or a bar association or legal aid agency which made an attorney available for appointment, shall, at the conclusion of the representation or any segment thereof, be compensated at a rate not exceeding $15 per hour for time expended in court or before a United States commissioner, and $10 per hour for time reasonably expended out of court, and shall be reimbursed for expenses reasonably incurred. A separate claim for compensation and reimbursement shall be made to the district court for representation before the United States commissioner or that court, and to each appellate court before which the attorney represented the defendant. Each claim shall be supported by a written statement specifying the time expended, serv- ices rendered, and expenses incurred while the case was pending before the United States commissioner or court, and the compensation and reimbursement applied for or received in the same case from any other source. The court shall, in each instance, fix the compensation and reimbursement to be paid to the attorney, bar association or legal aid agency. For representation of a defendant before the United States commissioner and the district court, the compensation to be paid to an attorney, or to a bar association or legal aid agency for the services of an attorney, shall not exceed $500 in a case in which one or more felonies are charged, and $300 in a case in which only misdemeanors are charged. In extraordinary circumstances, payment Payment in in excess of the limits stated herein may be made if the district court certifies that such payment is necessary to provide fair compensation for protracted representation, and the amount of the excess payment is approved by the chief judge of the circuit. For representation of a Repre sentation defendant in an appellate court, the compensation to be paid to an in appellate attorney, or to a bar association or legal aid agency for the services of an attorney, shall in no event exceed $600 in a felony case and $300 in a case involving only misdemeanors. "(e) SERVICES OTHER T H A N COUNSEL.—Counsel for a defendant who is financially unable to obtain investigative, expert, or other services necessary to an adequate defense in his case may request them in an ex parte application. Upon finding, after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the defendant is financially unable to obtain them, the court shall authorize counsel to obtain the services on behalf of the defendant. The court may, in the interests of justice, and upon a finding that timely procure- ment of necessary services could not await prior authorization, ratify such services after they have been obtained. The court shall determine reasonable compensation for the services and direct payment to the organization or person who rendered them upon the filing of a claim for compensation supported by an affidavit specifying the time expended, services rendered, and expenses incurred on b ^ a l f of the defendant, and the compensation received in the same case or for the same services from any other source. The compensation to be paid to a person for such service rendered by him to a defendant under this subsection, or to be paid to an organization for such services rendered by an employee thereof, shall not exceed $300, exclusive of reimburse- ment for expenses reasonably incurred.
554 PUBLIC LAW 88-456-AUG. 20, 1964 [78 STAT. "(f) RECEIPT OF OTHER PAYMENTS.—Whenever the court finds that funds are available for payment from or on behalf of a defendant, the court may authorize or direct that such funds be paid to the appointed attorney, to the bar association or legal aid agency which made the attorney available for appointment, to any person or organization authorized pursuant to subsection (e) to render investigative, expert, or other services, or to the court for deposit in the Treasury as a reim- bursement to the appropriation, current at the time of payment, to carry out the provisions of this section. Except as so authorized or directed, no such person or organization may request or accept any payment or promise of payment for assisting in the representation of a defendant. Reports. " ( g ) RULES AND REPORTS.—Each district court and judicial council of a circuit shall submit a report on the appointment of counsel within its jurisdiction to the Administrative Office of the United States Courts in such form and at such times as the Judicial Conference of the United States may specify. The Judicial Conference of the United States may, from time to time, issue rules and regulations governing the operation of plans formulated under this section. " ( h ) APPROPRIATIONS.—There are authorized to be appropriated to the United States courts, out of any money in the Treasuri^ not other- wise appropriated, sums necessary to carry out the provisions of this section. When so specified in appropriation acts, such appropria- tions shall remain available until expended. Payments from such appropriations shall be made under the supervision of the Director of the Administrative Office of the United States Courts. "District "(i) DISTRICTS INCLUDED.—The term 'district court' as used in this court.*' section includes the District Court of the Virgin Islands, the District Court of Guam, and the district courts of the United States created by 28 u s e 81' 144. chapter 5 of title 28, United States Code." Submission of SEC. 3. Each district court shall within six months from the date plans. of this enactment submit to the judicial council of the circuit a plan formulated in accordance with section 2 and any rules and regulations issued thereunder by the Judicial Conference of the United States. Each judicial council shall within nine months from the date of this enactment approve and transmit to the Administrative Office of the United States Courts a plan for each district in its circuit. Each dis- trict court and court of appeals shall place its approved plan in opera- tion within one year from the date of this enactment. SEC. 4. The table of sections at the head of chapter 201 of title 18 of the United States Code is amended by adding immediately after item 3006 the following: "3006A. Adequate representation of defendants." Approved A u g u s t 2 0 , 1 9 6 4 . Public Law 88-456 August 20, 1964 AN ACT [H. R. 1713] To approve an order of the Secretary of the Interior canceling irrigation charges against non-Indian-owned lands under the Klamath Indian irrigation project, Oregon, and for other purposes. Be it emvcted hy the Senate and House of Representatives of the Irrigation United States of America in Congress assembled^ That in accordance charges. Approval of with the Act of June 22,1936 (49 Stat. 1803, 25 U.S.C. 389), the order cancellation. of the Secretary of the Interior canceling $401,440.55 of reimbursable irrigation costs and any accrued interest thereon chargeable to lands in the Klamath Indian irrigation project is approved. Approved August 20, 1964.