[Senate Report 110-432]
[From the U.S. Government Publishing Office]




                                                       Calendar No. 900
110th Congress
                                 SENATE
                                                                 Report
 2d Session                                                     110-432

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

 
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

                               ----------                              

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND
                          GOVERNMENTAL AFFAIRS
                          UNITED STATES SENATE

                              to accompany

                               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




                 July 25, 2008.--Ordered to be printed


        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

               JOSEPH I. LIEBERMAN, Connecticut, Chairman
CARL LEVIN, Michigan                 SUSAN M. COLLINS, Maine
DANIEL K. AKAKA, Hawaii              TED STEVENS, Alaska
THOMAS R. CARPER, Delaware           GEORGE V. VOINOVICH, Ohio
MARK L. PRYOR, Arkansas              NORM COLEMAN, Minnesota
MARY L. LANDRIEU, Louisiana          TOM COBURN, Oklahoma
BARACK OBAMA, Illinois               PETE V. DOMENICI, New Mexico
CLAIRE McCASKILL, Missouri           JOHN WARNER, Virginia
JON TESTER, Montana                  JOHN E. SUNUNU, New Hampshire

                  Michael L. Alexander, Staff Director
                     Kevin J. Landy, Chief Counsel
                    Beth M. Grossman, Senior Counsel
     Brandon L. Milhorn, Minority Staff Director and Chief Counsel
         Amanda Wood, Minority Director of Governmental Affairs
                  Trina Driessnack Tyrer, Chief Clerk


                                CONTENTS

                                                                   Page
  I. Purpose & Summary................................................1
 II. Background.......................................................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................2
  V. Estimated Cost of Legislation....................................3
 VI. Evaluation of Regulatory Impact..................................4
VII. Changes in Existing Law..........................................4







                                                       Calendar No. 900
110th Congress
                                 SENATE
                                                                 Report
 2d Session                                                     110-432

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


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

                                _______
                                

                 July 25, 2008.--Ordered to be printed

                                _______
                                

Mr. Lieberman, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                        [To accompany H.R. 5551]

    The Committee on Homeland Security and Governmental 
Affairs, to which 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, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          I. Purpose & Summary

    The purpose of H.R. 5551 is to raise the hourly 
compensation for private attorneys appointed to represent 
indigent criminal defendants in the D.C. Superior Court and the 
D.C. Court of Appeals from $65 per hour to $80 per hour, and 
increase the maximum total compensation such attorneys can 
receive for each case. In the District of Columbia 
Appropriations Act, 2008, Congress provided funding to support 
this increase in compensation. H.R. 5551 would authorize this 
already appropriated money to be spent for the intended 
purposes, by amending the District of Columbia Code to raise 
the compensation amounts provided for in law.

                             II. Background

    The District of Columbia Criminal Justice Act\1\ (CJA) 
provides for the appointment and payment of attorneys to 
represent criminal defendants in the District of Columbia 
courts. Currently, attorneys so appointed are compensated at 
the rate of $65 per hour, a pay rate last increased in 2002.\2\
---------------------------------------------------------------------------
    \1\D.C. Code Sec. 11-2601 et seq.
    \2\D.C. Code Sec. 11-2604(a); District of Columbia Appropriations 
Act, 2002, Pub. L. No. 107-96, 115 Stat. 923. The $65 rate set in 2002 
represented a $15 per hour increase from the previous rate of $50 per 
hour.
---------------------------------------------------------------------------
    The Committee believes that an increase in the compensation 
for attorneys appointed under the CJA to $80 per hour is 
appropriate and warranted. The increase is roughly commensurate 
with inflation during this time period. Moreover, attorneys 
appointed to represent indigent defendants in similar matters 
in the U.S. District Court for the District of Columbia are 
presently paid $100 per hour.\3\ Without at least a reduction 
in the disparity in pay between the Federal and District of 
Columbia systems, the D.C. Courts would likely have greater 
difficulty in obtaining competent attorneys to represent 
indigent criminal defendants. The bill would also change the 
maximum payments CJA attorneys can receive for each case to be 
the same as the maximum payments for court-appointed attorneys 
appearing in federal court.\4\
---------------------------------------------------------------------------
    \3\ See Judiciary Appropriations Act, 2008, Pub. L. No. 110-161, 
Division D, Title III, 121 Stat. 1986, 1987 (2007) (enacted as part of 
the Consolidated Appropriations Act, 2008) (providing funding 
sufficient to support the $100 per hour rate). The federal Criminal 
Justice Act authorizes the Judicial Conference of the United States to 
raise the maximum rates for attorney compensation based on cost-of-
living adjustments for federal General Schedule employees, subject, of 
course, to Congressional appropriations. 18 U.S.C. Sec. 3006A(d)(1).
    \4\ See 18 U.S.C. Sec. 3006A(d)(2).
---------------------------------------------------------------------------
    Funds to support this increased compensation have already 
been appropriated through the District of Columbia 
Appropriations Act, 2008.\5\ H.R. 5551 makes the corresponding 
changes to the District of Columbia Code necessary to implement 
the new compensation rates.
---------------------------------------------------------------------------
    \5\Pub. L. No. 110-161, Division D, Title IV, 121 Stat. 1990, 1992 
(2007) (enacted as part of the Consolidated Appropriations Act, 2008). 
Congress appropriated $47,975,000, to remain available until expended, 
for compensation of CJA attorneys, attorneys who participate in the 
Counsel for Child Abuse and Neglect (CCAN) program, and guardianship 
attorneys.
---------------------------------------------------------------------------

                        III. Legislative History

    The legislation was introduced in the House of 
Representatives as H.R. 5551 by Mr. Davis of Illinois and Ms. 
Norton on March 6, 2008, and was passed by the House of 
Representatives on April 1, 2008. The bill was received by the 
Senate and referred to the Committee on Homeland Security and 
Governmental Affairs on April 2, 2008. On April 10, 2008, the 
Committee considered H.R. 5551 and ordered the bill reported 
favorably by voice vote without amendment. Members present were 
Lieberman, Levin, Akaka, Carper, Landrieu, McCaskill, Tester, 
Collins, Voinovich, and Sununu.

                    IV. Section-by-Section Analysis

    Section 1(a) amends subsection 11-2604(a) of the District 
of Columbia Code to raise the rate of compensation for 
attorneys appointed to represent indigent defendants in the 
District of Columbia courts from $65 per hour to $80 per hour.
    Section 1(b) also amends subsection 11-2604(b) of the 
District of Columbia Code to make the maximum amount of 
compensation that such attorneys can receive for handling 
misdemeanor, felony, appellate and post-trial matters in the 
Superior Court of the District of Columbia or the District of 
Columbia Court of Appeals equal to the maximum amount of 
compensation allowed for attorneys appointed to represent 
defendants in United States courts.
    Section 2 of the bill provides that the amendments made by 
the bill shall apply to cases initiated on or after the date of 
enactment of the bill.

                    V. Estimated Cost of Legislation

                                                    April 14, 2008.
Hon. Joseph I. Lieberman, Chairman,
Committee on Homeland Security and Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 5551, an act 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.
    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--An act 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 
District of Columbia courts system, including Defender 
Services, is funded by federal appropriations, and its 
expenditures are recorded on the federal budget. Based on 
information from the courts, CBO estimates that increasing 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 legislation 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.
    On March 24, 2008, CBO provided a cost estimate for H.R. 
5551, as ordered reported by the House Committee on Oversight 
and Government Reform on March 13, 2008. The two versions of 
the legislation are identical, as are their estimated costs.
    The CBO staff contact for this estimate is Matthew 
Pickford. This estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

                  VI. Evaluation of Regulatory Impact

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill. CBO states that 
there are no intergovernmental or private-sector mandates as 
defined in the Unfunded Mandates Reform Act and no costs on 
state, local, or tribal governments. The legislation contains 
no other regulatory impact.

                      VII. Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, 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 and existing law, in which no 
change is proposed, is shown in roman):

                       DISTRICT OF COLUMBIA CODE

         TITLE 11, ORGANIZATION AND JURISDICTION OF THE COURTS

       CHAPTER 26. REPRESENTATION OF INDIGENTS IN CRIMINAL CASES


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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