[House Report 110-560]
[From the U.S. Government Publishing Office]



110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     110-560

======================================================================

 
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

                                _______
                                

 March 31, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Waxman, from the Committee on Oversight and Government Reform, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5551]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Oversight and Government Reform, to whom 
was referred 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, having considered the 
same, report favorably thereon without amendment and recommend 
that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for Legislation..............................     2
Legislative History..............................................     3
Section-by-Section...............................................     3
Explanation of Amendments........................................     4
Committee Consideration..........................................     4
Rollcall Votes...................................................     4
Application of Law to the Legislative Branch.....................     4
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................     4
Statement of General Performance Goals and Objectives............     4
Constitutional Authority Statement...............................     4
Federal Advisory Committee Act...................................     4
Unfunded Mandates Statement......................................     5
Earmark Identification...........................................     5
Committee Estimate...............................................     5
Budget Authority and Congressional Budget Office Cost Estimate...     5
Changes in Existing Law Made by the Bill, as Reported............     6

                          Purpose and Summary

    H.R. 5551 authorizes the increase provided under the FY 
2008 Consolidated Appropriations Act, in the amount of funds 
made available for the compensation of attorneys representing 
indigent defendants in the District of Columbia courts. H.R. 
5551 increases the hourly pay rate from $65 to $80. Because of 
the Home Rule Act, this hourly pay increase must be made by an 
Act of Congress signed by the President.
    Attorneys representing indigent defendants in similar 
matters at the U.S. District Court are paid $100 an hour. H.R. 
5551 attempts to decrease the disparity in the hourly rate of 
compensation between attorneys practicing before the DC Courts 
and those practicing before the U.S. District Court. The bill 
also would increase the maximum caps on the total compensation 
paid to CJA attorneys practicing in the DC Courts, per case 
type, to be equal to the total compensation paid to CJA 
attorneys representing the indigent in federal court.

                  Background and Need for Legislation

    Upon passage of the Revitalization Act, the federal 
government assumed oversight responsibility and budgetary 
control over DC Courts. It was at this time that the D.C. Home 
Rule Act, which grants the District of Columbia powers of local 
self-government and rule, was also amended to prohibit the D.C. 
Council from making statutory changes to Title 11 of D.C. 
Official Code. Instead, the Act confers upon Congress the 
authority to alter language under Title 11 pertaining to the 
organization and jurisdiction of the DC Courts.
    Attorneys who participate in the District's CJA and the 
Counsel for Child Abuse and Neglect (CCAN) programs currently 
are compensated at an hourly rate of $65 for representing an 
indigent client. This rate was established in FY 2002 and 
represented a $15 increase over the previously enacted rate of 
$50 per hour. The rate was originally financed through an 
unobligated balance in the Defender Services account and has 
not changed. Furthermore, in addition to implementing the $65 
hourly rate for CJA attorneys, Congress adjusted per-case 
compensation caps for CJA attorneys in FY 2002. Unlike the 
current situation, both the authorizing language and the 
appropriated funding for the previous increase in compensation 
for CJA attorneys practicing before the DC Courts were included 
in the FY 2002 D.C. Appropriations bill.
    Currently, attorneys representing indigent defendants in 
similar matters before the U.S. District Court are paid $100 an 
hour. This disparity in compensation makes it difficult for the 
District to secure competent representation for these 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 program 
attorneys.
    Although congressional appropriators provided $47,975,000 
in funding for Defender Services in the FY 2008 Consolidated 
Appropriations Act to support an increase in compensation paid 
to CJA and CCAN attorneys, the DC courts continue to be 
restricted from providing the attorneys with an hourly rate 
increase. This is due to the fact that the requisite 
authorizing language has yet to be approved by Congress. H.R. 
5551 would remedy this problem by increasing the hourly pay 
rate from $65 to $80 for CJA attorneys practicing in DC Courts. 
The measure would also increase the caps on the total 
compensation paid to CJA attorneys practicing in DC Courts per 
case type to be equal to the total compensation paid to 
attorneys representing similar clients in the federal court 
system.

                          Legislative History

    H.R. 5551 was introduced by Representatives Danny K. Davis 
and Eleanor Holmes Norton on March 6, 2008, and referred to the 
Committee on Oversight and Government Reform. It provides an 
increase in the hourly compensation rate of attorneys 
representing indigent defendants in the District of Columbia.
    On March 13, 2008, the Subcommittee on Federal Workforce, 
Postal Service, and the District of Columbia held a hearing to 
examine aspects of the District of Columbia's Criminal Justice 
System. The hearing witnesses, D.C. Superior Court Chief Judge 
Rufus King, III, and Betty Ballester, Esq., President, Superior 
Court Trial Lawyers Association, testified to the need for and 
merits of H.R. 5551. Both panelists indicated their support for 
the bill.
    During the hearing, the Subcommittee learned from Ms. 
Ballester that the 350 CJA attorneys who practice criminal law 
in the District of Columbia have not had a pay increase since 
2002. Since inflation has risen at an annual rate of 3%-4% 
during the last six years, the $65 hourly rate established in 
2002 would be equivalent to $76-$78 per hour today. Therefore, 
the proposed increase to $80 per hour is an appropriate and 
acceptable rate for the participating attorneys.

                           Section-by-Section


Section 1. Implementation of increase provided in funding for 
        compensation of attorneys representing indigent defendants in 
        District of Columbia courts

    This section increases the hourly pay rate for CJA 
attorneys practicing in DC Courts from $65 to $80 per hour. 
This section also authorizes increases in the caps on the total 
compensation paid per case type to CJA attorneys practicing in 
DC Courts.
    In addition, the caps on total compensation paid to an 
attorney for representation of a defendant before the Superior 
Court of the District of Columbia for misdemeanors, felonies, 
appellate cases, or post trial matters for misdemeanors or 
felonies cannot exceed the maximum amount provided for 
representation of a defendant before the United States 
magistrate judge or the U.S. District court for each of the 
previously mentioned types of cases.

Section 2. Effective date

    Under this section, the attorney rate increase would only 
apply to cases and proceedings initiated on or after the date 
of the enactment.

                       Explanation of Amendments

    No amendments to H.R. 5551 were adopted in Committee.

                        Committee Consideration

    On Thursday, March 13, 2008, the Committee met in open 
session and favorably ordered H.R. 5551 to be reported to the 
House by a voice vote.

                             Rollcall Votes

    No rollcall votes were held.

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to terms and conditions of 
employment or access to public services and accommodations. 
H.R. 5551 does not apply to the Legislative Branch. The bill 
does not relate to employment or access to public services and 
accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
2(b)(1) of rule X of the Rules of the House of Representatives, 
the Committee's oversight findings and recommendations are 
reflected in the descriptive portions of this report, including 
the need to authorize the increase provided under the FY 2008 
Consolidated Appropriations Act, in the amount of funds made 
available for the compensation of attorneys representing 
indigent defendants in the District of Columbia courts.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report, including the Committee's desire to decrease 
the disparity in the hourly rate of compensation between 
attorneys practicing before the DC Courts and those practicing 
before the U.S. District Court.

                   Constitutional Authority Statement

    Under clause 3(d)(1) of rule XIII of the Rules of the House 
of Representatives, the Committee must include a statement 
citing the specific powers granted to Congress to enact the law 
proposed by H.R. 5551. Article I, Section 8, Clause 18 of the 
Constitution of the United States grants the Congress the power 
to enact this law.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                      Unfunded Mandates Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandates Reform Act, P.L. 104-4) requires a statement on 
whether the provisions of the bill include unfunded mandates. 
In compliance with this requirement the Committee has received 
a letter from the Congressional Budget Office included herein.

                         Earmark Identification

    H.R. 5551 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 5551. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of rule 
XIII of the Rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause 3(c)(3) of rule XIII of the Rules of 
the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 5551 from the Director of 
the Congressional Budget Office:

                                                    March 24, 2008.
Hon. Henry A. Waxman,
Chairman, Committee on Oversight and Government Reform,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5551, 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 available for 
the compensation of attorneys representing indigent defendants 
in the District of Columbia courts, and for other purposes.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Matthew 
Pickford.
            Sincerely,
                                                   Peter R. Orszag.
    Enclosure.

H.R. 5551--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

    H.R. 5551 would amend the District of Columbia Code to 
increase--from $65 per hour to $80 per hour--the rate of pay 
for attorneys representing indigent defendants in the District 
of Columbia courts. Under current law, the budget of the D.C. 
Courts system, including Defender Services, is funded by 
federal appropriations, and its expenditures are recorded in 
the federal budget. Based on information from the District of 
Columbia courts, CBO estimates that increasing the pay for 
attorneys would cost about $7 million in 2009 and $35 million 
over the 2009-2013 period, subject to the appropriation of the 
necessary amounts. Enacting the bill would not affect direct 
spending or revenues.
    H.R. 5551 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

DISTRICT OF COLUMBIA OFFICIAL CODE

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DIVISION II--JUDICIARY AND JUDICIAL PROCEDURE

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Title 11--Organization and Jurisdiction of the Courts

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CHAPTER 26--REPRESENTATION OF INDIGENTS IN CRIMINAL CASES

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Sec. 11-2604. Payment for representation.

  (a) Any attorney appointed pursuant to this chapter shall, at 
the conclusion of the representation or any segment thereof, be 
compensated at a fixed rate of [$65] $80 per hour. Such 
attorney shall be reimbursed for expenses reasonably incurred.
  [(b) For representation of a defendant before the Superior 
Court or before the District of Columbia Court of Appeals, as 
the case may be, the compensation to be paid to an attorney 
shall not exceed the following maximum amounts:
          [(1) $1900 for misdemeanor cases;
          [(2) $3600 for felony cases; and
          [(3) $1900 for post-trial matters if the underlying 
        case was a misdemeanor or $3600 for post-trial matters 
        if the underlying case was a felony.]
  (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).

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