Page:United States Statutes at Large Volume 78.djvu/594

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PUBLIC LAW 88-455-AUG. 20, 1964

[78 STAT.

Public Law 88-455 August 20, 1964 AN ACT [S. 1057] rpQ promote the calise of criminal justice by providing for the representation of defendants who are financially unable to obtain an adequate defense in criminal cases in the courts of the United States.

Be it enacted by the Senate and House of Re^jresentatives of the Ac^'^oT^'o^e"^"^"''^ C-^ni^ec? States of America in Congress assembled, That this Act maybe cited as the "Criminal Justice Act of 1964." SEC. 2, Title 18 of the United States Code is amended by adding immediately after section 3006 the following new section: "§ 3006A. Adequate representation of defendants "(a) CHOICE or PLAN.—Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for defendants charged with felonies or misdemeanors, other than petty 62 Stat. 684. offenses as defined in section 1 of this title, who are financially unable to obtain an adequate defense. Representation under each plan shall include counsel and investigative, expert, and other services necessary to an adequate defense. The provision for counsel under each plan shall conform to one of the following: "(1) Representation by private attorneys; "(2) Representation by attorneys furnished by a bar association or a legal aid agency; or " (3) Representation according to a plan containing a combination of the foregoing. Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for the representation on appeal of defendants financially unable to obtain representation. Consistent with the provisions of this section, the district court may modify a plan at any time with the approval of the judicial council of the circuit; it shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of modifications in its plan. "(b) APPOINTMENT or COUNSEL.—In every criminal case in which the defendant is charged with a felony or a misdemeanor, other than a petty offense, and appears without counsel, the United States commissioner or the court shall advise the defendant that he has the right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the defendant waives the appointment of counsel, the United States commissioner or the court, if satisfied after appropriate inquiry that the defendant is financially unable to obtain counsel, shall appoint counsel to represent him. The United States commissioner or the court shall appoint separate counsel for defendants who have such conflicting interests that they cannot properly be represented by the same counsel, or when other good cause is shown. Counsel appointed by the United States commissioner or a judge of the district court shall be selected from a panel of attorneys designated or approved by the district court. " (c) DURATION AND SUBSTITUTION OF APPOINTMENTS.—A defendant

for whom counsel is appointed shall be represented at every stage of the proceedings from his initial appearance before the United States commissioner or court through appeal. If at any time after the appointment of counsel the court having jurisdiction of the case finds that the defendant is financially able to obtain counsel or to make partial payment for the representation, he may terminate the appointment of counsel or authorize payment as provided in subsection (f),

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