[DOCID: f:hr560.110]
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110th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 110-560
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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
* * * * * * *
DIVISION II--JUDICIARY AND JUDICIAL PROCEDURE
* * * * * * *
Title 11--Organization and Jurisdiction of the Courts
* * * * * * *
CHAPTER 26--REPRESENTATION OF INDIGENTS IN CRIMINAL CASES
* * * * * * *
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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