[Congressional Record Volume 154, Number 38 (Thursday, March 6, 2008)]
[Extensions of Remarks]
[Page E320]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF A BILL ``TO AMEND TITLE 11, DISTRICT OF COLUMBIA 
OFFICIAL CODE, TO IMPLEMENT THE INCREASE PROVIDED UNDER THE DISTRICT OF 
    COLUMBIA APPROPRIATIONS ACT, 2008, IN THE AMOUNT OF FUNDS MADE 
   AVAILABLE FOR THE COMPENSATION OF ATTORNEYS REPRESENTING INDIGENT 
DEFENDANTS IN THE DISTRICT OF COLUMBIA COURTS, AND FOR OTHER PURPOSES''

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                          HON. DANNY K. DAVIS

                              of illinois

                    in the house of representatives

                        Thursday, March 6, 2008

  Mr. DAVIS of Illinois. Madam Speaker, a core element of our unique 
democracy is the right and requirement that all citizens, regardless of 
income or socio-economic class be afforded adequate counsel or 
representation when confronting judicial proceedings. In fact, one of 
the most important decisions in this area of law was handed down by the 
U.S. Supreme Court in 1942 when it held that the sixth amendment 
required that governments afford indigent defendants with competent 
counsel.
  Throughout America, legal representation for indigent defendants who 
have been charged in criminal cases and who are unable to pay for an 
attorney is most commonly provided by public defender attorneys. The 
State and Federal Government, respectively, pay for the public defender 
agencies to provide indigent defense. Appointed attorneys are required 
for anyone accused in a criminal case that may result in the likelihood 
of imprisonment.
  An examination of the public defender services in the DC courts 
reveals that attorneys who participate in the District's Criminal 
Justice Act, CJA, and Counsel for Child Abuse and Neglect, CCAN, 
programs are compensated at an hourly rate of $65 for representing an 
indigent client. This rate was established in fiscal year 2002 and 
financed through an unobligated balance in the Defender Services 
account. However, attorneys representing indigent defendants in similar 
matters at the U.S. District Court are paid $90 an hour. This 
increasing disparity in compensation makes it increasingly difficult 
for the DC courts to secure competent representation for the most 
vulnerable residents. Recent reforms to the CJA and CCAN programs, 
including revision of the CJA plan and the creation of attorney panels 
based on a comprehensive review of qualifications and experience, has 
prompted the DC courts to pursue an increase in compensation for CJA 
and CCAN attorneys in order to ensure they are attracting the best and 
the brightest lawyers.
  Since the National Capital Revitalization and Self-Government 
Improvement Act of 1997 grants Congress the authority and oversight 
over the DC court system and matters pertaining to public defender 
services, I contend that it is essential that we take the necessary 
legislative action to ensure that DC CJA attorneys are compensated at a 
rate equal or close to that of their Federal counterparts. This bill 
would do just that by amending title 11 of DC Code to increase the 
hourly rate of pay from $65 to $80 for DC CJA attorneys charged with 
the important democratic duty of representing the indigent.

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