" ! SENATE 110th Congress 

2d Session 

REPORT

110–432 

Calendar No. 900 

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 


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(II) 

COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS 

JOSEPH I. LIEBERMAN, Connecticut, Chairman 

CARL LEVIN, Michigan 

DANIEL K. AKAKA, Hawaii 

THOMAS R. CARPER, Delaware 

MARK L. PRYOR, Arkansas 

MARY L. LANDRIEU, Louisiana 

BARACK OBAMA, Illinois 

CLAIRE MCCASKILL, Missouri 

JON TESTER, Montana 

SUSAN M. COLLINS, Maine 

TED STEVENS, Alaska 

GEORGE V. VOINOVICH, Ohio 

NORM COLEMAN, Minnesota 

TOM COBURN, Oklahoma 

PETE V. DOMENICI, New Mexico 

JOHN WARNER, Virginia 

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 


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(III) 

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 


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wwoods2 on PRODPC68 with REPORTS
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. 


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2 

1D.C. Code § 11–2601 et seq. 2D.C. Code § 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. 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. § 3006A(d)(1). 4 See 18 U.S.C. § 3006A(d)(2). 5Pub. 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. 

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

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

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. 

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. 


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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. 


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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 $ø65¿ 80 per hour. Such attorney shall 

be reimbursed for expenses reasonably incurred. 

ø(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: 

ø(1) $1900 for misdemeanor cases; 

ø(2) $3600 for felony cases; and 

ø(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. 


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(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). 

Æ 


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