[Congressional Record Volume 154, Number 50 (Tuesday, April 1, 2008)]
[House]
[Pages H1852-H1853]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
PAYING ATTORNEYS OF INDIGENT DEFENDANTS IN THE DISTRICT OF COLUMBIA
Mr. DAVIS of Illinois. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5551) 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.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5551
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. IMPLEMENTATION OF INCREASE PROVIDED IN FUNDING FOR
COMPENSATION OF ATTORNEYS REPRESENTING INDIGENT
DEFENDANTS IN DISTRICT OF COLUMBIA COURTS.
(a) Increase in Hourly Rate.--Section 11-2604(a), District
of Columbia Official Code, is amended by striking ``$65 per
hour'' and inserting ``$80 per hour''.
(b) Increase in Caps on Total Compensation Paid for
Particular Cases.--Section 11-2604(b), District of Columbia
Official Code, is amended to read as follows:
``(b) The compensation to be paid to an attorney appointed
pursuant to this chapter shall not exceed the following
maximum amounts:
``(1) For representation of a defendant before the Superior
Court of the District of Columbia for misdemeanors or
felonies, the maximum amount set forth in section 3006A(d)(2)
of title 18, United States Code, for representation of a
defendant before the United States magistrate judge or the
district court for misdemeanors or felonies (as the case may
be).
``(2) For representation of a defendant before the District
of Columbia Court of Appeals, the maximum amount set forth in
section 3006A(d)(2) of title 18, United States Code, for
representation of a defendant in an appellate court.
``(3) For representation of a defendant in post-trial
matters for misdemeanors or felonies, the amount applicable
under paragraph (1) for misdemeanors or felonies (as the case
may be).''.
SEC. 2. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to
cases and proceedings initiated on or after the date of the
enactment of this Act.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Illinois (Mr. Davis) and the gentleman from Virginia (Mr. Davis) each
will control 20 minutes.
The Chair recognizes the gentleman from Illinois.
General Leave
Mr. DAVIS of Illinois. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days in
[[Page H1853]]
which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Illinois?
There was no objection.
Mr. DAVIS of Illinois. Mr. Speaker, I yield such time as she might
consume to the author of this legislation, the gentlewoman from the
District of Columbia (Ms. Norton).
Ms. NORTON. Mr. Speaker, I thank the gentleman for yielding, and I
especially thank him for his alacrity and the expert way in which he
has carried this bill quickly to and through the process.
Mr. Speaker, this is a no-cost bill. Indeed, the appropriations for
an increase in the amounts paid to these attorneys has been
appropriated.
This is another of those District of Columbia anomalies. The courts
of the District of Columbia operate through payments from the
appropriations of the Congress of the United States and the judges are
Title I attorneys. Therefore, District of Columbia judges may not use
the funds that have been appropriated to raise the hourly rate of these
attorneys, who are essential to the functioning, particularly of the
criminal justice system, but also of the civil justice system, in the
District of Columbia. They supplement the Public Defender Service of
the District of Columbia.
These attorneys have not had their hourly rates raised since 2002,
when they were set at $65 per hour. They have requested $80 per hour.
They are being granted $80 an hour, this in spite of the fact that the
rate of inflation has been between 3 and 4 percent a year. They, of
course, had in mind that they went some years where their rates did not
keep up with the rates of other attorneys who serve Federal courts. Of
course, they recognize that we are not going to raise their rates every
year, but this is what the Congress is willing to do at this time.
It does seem to me that the last thing we want to do is to slow down
in particular criminal justice processing in the District of Columbia,
particularly where there are already funds from the Appropriations
Committee available, and when the failure to spend them only comes from
a jurisdictional technicality, where we and we alone can indeed
authorize the spending of these funds.
What H.R. 5551 does is simply accomplish this authorization. I am
very, very grateful to Chairman Davis for bringing this bill forward so
quickly.
Mr. DAVIS of Virginia. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in support of this legislation. I am pleased it
has moved so quickly through the committee and is being considered by
the House today.
When I was chairman of the D.C. Subcommittee, Congress enacted
legislation I sponsored known as the National Capital Revitalization
and Self-Government Improvement Act of 1997. This law in part granted
Congress authority over the District's court system in matters relating
to public defender services. The law also amended the D.C. Home Rule
Act to the same effect.
H.R. 5551, authored by Ms. Norton, would authorize a provision of the
D.C. Appropriations Act of 2008 which increased from $65 per hour to
$80 per hour the amount of compensation for attorneys representing
indigent clients before the District of Columbia Superior Court.
The current compensation rate of $65 per hour was established in
fiscal year 2002, an increase from the previous rate of $50 per hour.
Attorneys representing indigents in similar cases before U.S. District
Courts are compensated at a rate of $100 per hour. No opposition to
this bill was raised, either during the committee hearing or at the
committee markup.
I urge my colleagues to support this legislation. Again, I thank Ms.
Norton for bringing this forward, and Chairman Waxman and Chairman
Davis for moving this ahead so quickly. I think this needs to be
enacted.
Mr. Speaker, I yield back the balance of my time.
Mr. DAVIS of Illinois. Mr. Speaker, I yield myself such time as I may
consume.
As a member of the House Committee on Oversight and Government
Reform, I stand with my colleague, Congresswoman Eleanor Holmes Norton
from our Nation's Capital, the District of Columbia, in consideration
of H.R. 5551, which will provide for a much-needed increase in the
compensation paid to attorneys assigned to represent indigent clients
in the D.C. court system.
Congresswoman Norton and I introduced this measure on March 6, 2008.
On March 11, 2008, the Subcommittee on Federal Workforce, Postal
Service, and the District of Columbia held a hearing to examine aspects
of the legislation, and on March 13, 2008, the Committee on Oversight
and Government Reform considered and passed the bill out of committee
by voice vote.
H.R. 5551 calls for an increase in the hourly pay rate from $65 to
$80 for Criminal Adjusters Act, CJA attorneys, representing indigent
defendants in the D.C. courts. The measure would also increase the caps
on the total compensation paid to these attorneys per case type to be
equal to the total compensation paid to attorneys representing similar
clients in Federal Court.
{time} 1430
The increased compensation rate for CJA attorneys practicing in D.C.
courts would only apply to cases that proceeded or initiated on or
after the date of enactment of the Act.
Mr. Speaker, a core element of our unique democracy is the right and
requirement that every citizen, regardless of income or socioeconomic
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 the government afford
indigent defendants with competent counsel. The measure we have before
us further reiterates this fundamental concept by helping to ensure
that the D.C. court system is in a competitive position to attract the
best and brightest lawyers to represent the indigent. And so, Mr.
Speaker, I urge passage of H.R. 5551.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Illinois (Mr. Davis) that the House suspend the rules
and pass the bill, H.R. 5551.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill was passed.
A motion to reconsider was laid on the table.
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