An Act to promote the cause 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
PL 88-455 (S.1057), enacted 08/20/1964

552 
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 hy 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 may-
be 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 associa-
tion or a legal aid agency; or 
" (3) Representation according to a plan containing a combina-
tion 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 representa-
tion on appeal of defendants financially unable to obtain representa-
tion. Consistent with the provisions of this section, the district court 
may modify a plan at any time with the approval of the judicial coun-
cil of the circuit; it shall modify the plan when directed by the judicial 
council of the circuit. 
The district court shall notify the Administra-
tive 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 com-
missioner 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 w^hen 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 appoint-
ment of counsel or authorize payment as provided in subsection (f), 
78 STAT. ] 
PUBLIC LAW 88-455-AUG. 20, 1964 
553 
as the interests of justice may dictate. If at any stage of the proceed-
ings, including an appeal, the court having jurisdiction of the case 
finds that the defendant is financially unable to pay counsel whom he 
had retained, the court may appoint counsel as provided in subsection 
(b) and authorize payment as provided in subsection (d), as the 
interests of justice may dictate. The United States commissioner or 
the court may, in the interests of justice, substitute one appointed 
counsel for another at any stage of the proceedings. 
"(d) PAYMENT FOR REPRESENTATION.—An attorney appointed pur-
suant to this section, or a bar association or legal aid agency which 
made an attorney available for appointment, shall, at the conclusion 
of the representation or any segment thereof, be compensated at a 
rate not exceeding $15 per hour for time expended in court or before 
a United States commissioner, and $10 per hour for time reasonably 
expended out of court, and shall be reimbursed for expenses reasonably 
incurred. 
A separate claim for compensation and reimbursement 
shall be made to the district court for representation before the United 
States commissioner or that court, and to each appellate court before 
which the attorney represented the defendant. 
Each claim shall be 
supported by a written statement specifying the time expended, serv-
ices rendered, and expenses incurred while the case was pending before 
the United States commissioner or court, and the compensation and 
reimbursement applied for or received in the same case from any 
other source. The court shall, in each instance, fix the compensation 
and reimbursement to be paid to the attorney, bar association or legal 
aid agency. 
For representation of a defendant before the United 
States commissioner and the district court, the compensation to be 
paid to an attorney, or to a bar association or legal aid agency for 
the services of an attorney, shall not exceed $500 in a case in which 
one or more felonies are charged, and $300 in a case in which only 
misdemeanors are charged. In extraordinary circumstances, payment 
in excess of the limits stated herein may be made if the district court 
certifies that such payment is necessary to provide fair compensation 
for protracted representation, and the amount of the excess payment 
is approved by the chief judge of the circuit. For representation of a 
defendant in an appellate court, the compensation to be paid to an 
attorney, or to a bar association or legal aid agency for the services 
of an attorney, shall in no event exceed $600 in a felony case and 
$300 in a case involving only misdemeanors. 
"(e) 
SERVICES OTHER THAN COUNSEL.—Counsel for 
a defendant 
who is financially unable to obtain investigative, expert, or other 
services necessary to an adequate defense in his case may request them 
in an ex parte application. Upon finding, after appropriate inquiry 
in an ex parte proceeding, that the services are necessary and that the 
defendant is financially unable to obtain them, the court shall authorize 
counsel to obtain the services on behalf of the defendant. The court 
may, in the interests of justice, and upon a finding that timely procure-
ment of necessary services could not await prior authorization, ratify 
such services after they have been obtained. The court shall determine 
reasonable compensation for the services and direct payment to the 
organization or person who rendered them upon the filing of a claim 
for compensation supported by an affidavit specifying the time 
expended, services rendered, and expenses incurred on b^alf of the 
defendant, and the compensation received in the same case or for the 
same services from any other source. The compensation to be paid to 
a person for such service rendered by him to a defendant under this 
subsection, or to be paid to an organization for such services rendered 
by an employee thereof, shall not exceed $300, exclusive of reimburse-
ment for expenses reasonably incurred. 
Substitution of 
counsel. 
Payment in 
Repre sentation 
in appellate 
554 
PUBLIC LAW 88-456-AUG. 20, 1964 
[78 STAT. 
Reports. 
"District 
court.*' 
28 u s e 81' 
Submission 
plans. 
144. 
of 
"(f) RECEIPT OF OTHER PAYMENTS.—Whenever the court finds that 
funds are available for payment from or on behalf of a defendant, the 
court may authorize or direct that such funds be paid to the appointed 
attorney, to the bar association or legal aid agency which made the 
attorney available for appointment, to any person or organization 
authorized pursuant to subsection (e) to render investigative, expert, 
or other services, or to the court for deposit in the Treasury as a reim-
bursement to the appropriation, current at the time of payment, 
to carry out the provisions of this section. Except as so authorized 
or directed, no such person or organization may request or accept any 
payment or promise of payment for assisting in the representation 
of a defendant. 
"(g) RULES AND REPORTS.—Each district court and judicial council 
of a circuit shall submit a report on the appointment of counsel within 
its jurisdiction to the Administrative Office of the United States 
Courts in such form and at such times as the Judicial Conference of 
the United States may specify. 
The Judicial Conference of the 
United States may, from time to time, issue rules and regulations 
governing the operation of plans formulated under this section. 
"(h) APPROPRIATIONS.—There are authorized to be appropriated to 
the United States courts, out of any money in the Treasuri^ not other-
wise appropriated, sums necessary to carry out the provisions of this 
section. 
When so specified in appropriation acts, such appropria-
tions shall remain available until expended. 
Payments from such 
appropriations shall be made under the supervision of the Director of 
the Administrative Office of the United States Courts. 
"(i) DISTRICTS INCLUDED.—The term 'district court' as used in this 
section includes the District Court of the Virgin Islands, the District 
Court of Guam, and the district courts of the United States created by 
chapter 5 of title 28, United States Code." 
SEC. 3. Each district court shall within six months from the date 
of this enactment submit to the judicial council of the circuit a plan 
formulated in accordance with section 2 and any rules and regulations 
issued thereunder by the Judicial Conference of the United States. 
Each judicial council shall within nine months from the date of this 
enactment approve and transmit to the Administrative Office of the 
United States Courts a plan for each district in its circuit. 
Each dis-
trict court and court of appeals shall place its approved plan in opera-
tion within one year from the date of this enactment. 
SEC. 4. The table of sections at the head of chapter 201 of title 18 
of the United States Code is amended by adding immediately after 
item 3006 the following: 
"3006A. Adequate representation of defendants." 
Approved August 20, 1964. 
August 20, 1964 
[H. R. 1713] 
Public Law 88-456 
AN ACT 
To approve an order of the Secretary of the Interior canceling irrigation charges 
against non-Indian-owned lands under the Klamath Indian irrigation project, 
Oregon, and for other purposes. 
Irrigation 
charges. 
Approval of 
cancellation. 
Be it emvcted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That in accordance 
with the Act of June 22,1936 (49 Stat. 1803, 25 U.S.C. 389), the order 
of the Secretary of the Interior canceling $401,440.55 of reimbursable 
irrigation costs and any accrued interest thereon chargeable to lands 
in the Klamath Indian irrigation project is approved. 
Approved August 20, 1964.