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S. 1581

Criminal Justice Act Revision of 1985

(Measure indefinitely postponed in Senate, H.R. 3004 passed in lieu)

Criminal Justice Act Revision of 1986 - Amends the Federal criminal code to revise provisions concerning the appointment of counsel in Federal criminal proceedings.

Makes the representation of material witnesses in custody a right of such witnesses instead of discretionary with the court. Authorizes the representation of financially eligible persons charged with a petty offense for which a sentence of confinement is authorized.

Requires the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive.

Increases the maximum amounts appointed counsel may receive: (1) in a felony case, from $2,000 to $3,500; (2) for a misdemeanor, from $800 to $1,000; and (3) for an appeal, from $2,000 to $2,500. Provides that for any other kind of representation authorized by this section, the compensation shall not exceed $1,000. Provides for an additional $300 for investigative, expert, or other services without prior authorization in certain circumstances. Increases the maximum amount of compensation paid to a person for services other than for legal counsel to $1,000.

Requires the Director of the Administrative Office of the United States Courts to provide liability insurance for employees of a Federal Public Defender Organization or Community Defender Organization receiving grants.

Allows a Federal Public Defender, by a majority vote of the court of appeals, to continue to perform the duties of such office until a successor is appointed or until one year after such Defender's office expired, whichever is earlier.

Authorizes appropriations to the U.S. courts for representation plans, including funds for the continuing education of persons providing representational services.

Amends the Comprehensive Crime Control Act of 1984 to make technical and conforming amendments.

Authorizes Federal defenders and other attorneys appointed under the Criminal Justice Act to certify the payment of defense witnesses in Federal criminal cases.

Amends the judicial code to permit retired United States magistrates, retired United States Bankruptcy Court judges, and retired judges of the United States Claims Court to be recalled for service.

Provides a retirement system for United States magistrates.

Indefinitely postponed by Senate by Voice Vote.

Sen. Thurmond, Strom [R-SC](R-SC)Sponsor
1 cosponsor1 R
1cosponsors1committees15actions2amendments1related bills20subjects
  1. Floor

    Indefinitely postponed by Senate by Voice Vote.

  2. Floor

    Senate passed companion measure H.R. 3004 in lieu of this measure by Voice Vote.

  3. Floor

    Senate incorporated this measure in H.R. 3004 as an amendment.

  4. Floor

    Measure laid before Senate by unanimous consent.

  5. Calendars

    Placed on Senate Legislative Calendar under General Orders. Calendar No. 1021.

  6. Committee

    Committee on Judiciary. Reported to Senate by Senator Thurmond with amendments. Without written report.

    Judiciary Committee
  7. Committee14000

    Committee on Judiciary. Reported to Senate by Senator Thurmond with amendments. Without written report.

    Judiciary Committee
  8. Committee

    Committee on Judiciary. Ordered to be reported with amendments favorably.

    Judiciary Committee
  9. Committee

    Subcommittee on Constitution. Approved for full committee consideration with an amendment favorably.

    Constitution, Civil Rights and Property Rights Subcommittee
  10. Committee

    Committee on Judiciary received executive comment from Administrative Office of the United States Courts.

    Judiciary Committee
  11. Committee

    Committee on Judiciary requested executive comment from Justice Department, Administrative Office of the United States Courts.

    Judiciary Committee
  12. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on the Constitution.

    Constitution, Civil Rights and Property Rights Subcommittee
  13. Committee

    Committee on Judiciary. Referred jointly to the Subcommittee on Criminal Law.

    Terrorism, Technology, and Government Information Subcommittee
  14. IntroReferral

    Read twice and referred to the Committee on Judiciary.

    Judiciary Committee
  15. IntroReferral10000

    Introduced in Senate

Oct 6, 198634
(Measure indefinitely postponed in Senate, H.R. 3004 passed in lieu)

Criminal Justice Act Revision of 1986 - Amends the Federal criminal code to revise provisions concerning the appointment of counsel in Federal criminal proceedings.

Makes the representation of material witnesses in custody a right of such witnesses instead of discretionary with the court. Authorizes the representation of financially eligible persons charged with a petty offense for which a sentence of confinement is authorized.

Requires the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive.

Increases the maximum amounts appointed counsel may receive: (1) in a felony case, from $2,000 to $3,500; (2) for a misdemeanor, from $800 to $1,000; and (3) for an appeal, from $2,000 to $2,500. Provides that for any other kind of representation authorized by this section, the compensation shall not exceed $1,000. Provides for an additional $300 for investigative, expert, or other services without prior authorization in certain circumstances. Increases the maximum amount of compensation paid to a person for services other than for legal counsel to $1,000.

Requires the Director of the Administrative Office of the United States Courts to provide liability insurance for employees of a Federal Public Defender Organization or Community Defender Organization receiving grants.

Allows a Federal Public Defender, by a majority vote of the court of appeals, to continue to perform the duties of such office until a successor is appointed or until one year after such Defender's office expired, whichever is earlier.

Authorizes appropriations to the U.S. courts for representation plans, including funds for the continuing education of persons providing representational services.

Amends the Comprehensive Crime Control Act of 1984 to make technical and conforming amendments.

Authorizes Federal defenders and other attorneys appointed under the Criminal Justice Act to certify the payment of defense witnesses in Federal criminal cases.

Amends the judicial code to permit retired United States magistrates, retired United States Bankruptcy Court judges, and retired judges of the United States Claims Court to be recalled for service.

Provides a retirement system for United States magistrates.

Aug 1, 198500

Criminal Justice Act Revision of 1985 - Amends the Federal criminal code to revise provisions concerning the appointment of counsel in Federal criminal proceedings.

Makes the representation of material witnesses in custody a right of such witnesses instead of discretionary with the court. Authorizes the representation of financially eligible persons charged with a petty offense for which a sentence of confinement is authorized.

Authorizes appointment of an additional attorney in complex or difficult cases where the court finds it to be in the interest of justice.

States that counsel should be provided as soon as feasible after custody begins and that the authorities should notify the official responsible whenever a person in custody requests counsel or is without counsel.

Authorizes the Judicial Conference of the United States to set and modify the maximum hourly rates within a certain range which appointed counsel shall receive.

Increases the maximum amounts appointed counsel may receive: (1) in a felony case, from $2,000 to $5,000; (2) for a misdemeanor, from $800 to $1,500; and (3) for an appeal, from $2,000 to $3,000. Provides that for any other kind of representation authorized by this section, the compensation shall not exceed $1,000. Provides for an additional authorization of $300 for investigative, expert, or other service with prior request of counsel and for an additional amount in certain circumstances. Increases the maximum amount of compensation paid to a person for services other than for legal counsel to $1,000.

Requires the Director of the Administrative Office of the United States Courts to provide liability insurance for employees of a Federal Public Defender Organization or Community Defender Organization receiving grants.

Authorizes appropriations to the U.S. courts for representation plans, including funds for the continuing education of persons providing representational services.

Amends the Comprehensive Crime Control Act of 1984 to make technical and conforming amendments.

Authorizes Federal defenders and other attorneys appointed under the Criminal Justice Act to certify the payment of defense witnesses in Federal criminal cases.

Criminal Justice Act Revision of 1985 — Informed