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RULE CR44.1 REPRESENTATION OF INDIGENT DEFENDANTS

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Pursuant to the provisions of the Criminal Justice Act of 1964, as amended, 18 U.S.C. § 3006A ("CJA"), the court has adopted the Criminal Justice Act Plan for the District of Kansas ("CJA Plan") for the representation of any person otherwise financially unable to obtain adequate representation. Representation includes counsel and investigative, expert, and other service necessary for an adequate defense. Additional information may be found in the CJA Plan’s Appendix I. Both the CJA Plan and Appendix I are available on the Federal Public Defender Organization website, http://www.kansasfpd.org/, or the District of Kansas website, http://www.ksd.uscourts.gov/. The District of Kansas has designated the Federal Public Defender Organization of the District of Kansas to administer the CJA Plan.

(a) Federal Public Defender Organization.

(1) The Federal Public Defender Organization must operate pursuant to the provisions of subsection (g)(2)(A) of the CJA, as well as the Guidelines for Administering the CJA and Related Statutes (Volume 7, Guide to Judiciary Policy), promulgated by the United States Judicial Conference pursuant to subsection (h) of the CJA.

(2) Neither the Federal Public Defender nor any appointed staff attorney may engage in the private practice of law.

(3) The Federal Public Defender must submit to the Director of the Administrative Office of the United States Courts, at the time and in the form prescribed by the Director, reports of the organization's activities, its financial position, and proposed budget.

(4) The Federal Public Defender must furnish to this court the current roster of staff attorneys and report any changes thereto to the court

(b) Panel of Private Attorneys.

Specific information about the composition of the panel of private attorneys is set forth in he CJA Plan and Appendix I. The application form for membership to the CJA Panel is available on the Federal Public Defender Organization website, http://www.kansasfpd.org/, and the District of Kansas website, http://www.ksd.uscourts.gov/. Completed forms are submitted online and will be forwarded to the appropriate Panel Selection Committee.

A panel Selection Committee must approve all applicants prior to their membership on the CJA Panel.

(c) The Panel Selection Committees.

The description and responsibilities of the Panel Selection Committees are set forth in the CJA Plan and Appendix I.

(d) Assigning Appointments to CJA Panel Attorneys.

The Federal Public Defender Organization has been designated by the District Court of Kansas to administer and manage the CJA Panel, as set forth in the CJA Plan and Appendix I. The assignment of CJA Panel attorneys is described in the CJA Plan and Appendix I.

(e) Compensation and Expenses of Appointed Attorneys.

(1) Generally. Compensation to attorneys and payment of other expenses, such as expert witnesses' or investigators' fees, must be made in conformity with the CJA, the Guidelines for Administering the CJA and Related Statutes (Volume 7, Guide to Judiciary Policy), the CJA Plan, and Appendix I.

(2) Compensation. An attorney appointed under the CJA is responsible for submitting properly completed vouchers for services rendered (on CJA Form 20) promptly after the attorney's duties have terminated. Compensation normally cannot exceed the statutory maximum under the CJA. In complex or extended cases, the court, upon application of counsel, may certify that payment in excess of the statutory case compensation maximums is necessary to provide fair compensation and may forward the claim for approval by the chief judge of the Court of Appeals. All vouchers seeking payment in excess of the statutory case compensation maximum must be accompanied by a detailed memorandum supporting and justifying counsel's claim that the representation given was in an extended or complex case and that excess payment is necessary to provide fair compensation.

(3) Investigative and Other Expenses. Investigative, expert or other services necessary for adequate representation, as authorized by subsection (e) of the CJA, are available to persons who are eligible under the CJA and have had counsel appointed, and also to persons who have retained counsel but who are found by the court to be financially unable to obtain the necessary services.

If the total cost of investigative, expert, or other services reasonably necessary for an adequate defense does not exceed $800, attorneys appointed under the CJA may incur expenses for these services without prior authorization, subject to later review.

If the total cost of services exceeds $800, prior authorization must be obtained from the assigned judge or magistrate judge if the expenses for these services are to be paid by the government. The cost of additional services cannot exceed $2,400 as compensation per individual or organization unless the assigned judge or magistrate judge certifies that excess payment is necessary to provide fair compensation for services of an unusual character or duration and the amount of the excess payment is approved by the chief judge of the Circuit.

Ex parte applications for services other than counsel must be heard in camera and must not be revealed without the consent of the defendant. The application must be placed under seal until the final disposition of the case in the trial court, subject to further order of the court, to prevent improper disclosure of any defenses.

(4) Duty of Attorney to Advise Court. If at any time an appointed attorney obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with his or her representation, and the source of the attorney's information is not protected as a privileged communication, the attorney must advise the court.

(5) Direct Remuneration from Client Prohibited. Nothing in this rule will be construed as authorizing the appointed attorney to accept any remuneration whatsoever from the client. Any ability of the client to pay for his or her representation must be the subject of an appropriate court order to reimburse the United States in whole or in part.

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NOTE: This is a mandated rule. As amended 8/19/14, 3/17/13, 3/17/09, 10/22/98, 2/2/95..