§ 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 an hourly rate not to exceed the rate payable under section 3006A(d)(1) of title 18, United States Code. Such attorney shall be reimbursed for expenses reasonably incurred.

(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).

(c) Claims for compensation and reimbursement in excess of any maximum amount provided in subsection (b) of this section may be approved for extended or complex representation whenever such payment is necessary to provide fair compensation. Any such request for payment shall be submitted by the attorney for approval by the chief judge of the Superior Court upon recommendation of the presiding judge in the case or, in cases before the District of Columbia Court of Appeals, approval by the chief judge of the Court of Appeals upon recommendation of the presiding judge in the case. Each chief judge may delegate such approval authority to an active or senior judge in the court in which the chief judge sits.

(d) A separate claim for compensation and reimbursement shall be made to the Superior Court for representation before that court, and to the District of Columbia Court of Appeals for representation before that court. Each claim shall be supported by a sworn written statement specifying the time expended, services rendered, and expenses incurred while the case was pending before the court, and the compensation and reimbursement applied for or received in the same case from any other source. The court shall fix the compensation and reimbursement to be paid to the attorney. In cases where representation is furnished other than before the Superior Court or the District of Columbia Court of Appeals, claims shall be submitted to the Superior Court which shall fix the compensation and reimbursement to be paid.

(e) For purposes of compensation and other payments authorized by this section, an order by a court granting a new trial shall be deemed to initiate a new case.

(f) If a person for whom counsel is appointed under this section appeals to the District of Columbia Court of Appeals, such person may do so without prepayment of fees and costs or security therefor and without filing the affidavit required by section 1915(a) of title 28, United States Code.

(Sept. 3, 1974, 88 Stat. 1091, Pub. L. 93-412, § 2; Jan. 31, 1984, D.C. Law 5-44, § 2, 30 DCR 5411; Aug. 6, 1993, D.C. Law 10-11, § 201, 40 DCR 4007; Sept. 30, 1993, D.C. Law 10-25, § 201, 40 DCR 5489; June 13, 1994, Pub. L. 103-266, § 1(b)(121), 108 Stat. 713; Sept. 26, 1995, D.C. Law 11-52, § 805, 42 DCR 3684; Dec. 21, 2001, 115 Stat. 928, Pub. L. 107-96, par. 20(a)(1), (c); Jan. 10, 2002, 115 Stat. 2307, Pub. L. 107-117, § 404; Oct. 2, 2008, 122 Stat. 3724, Pub. L. 110-335, § 1; Mar. 11, 2009, 123 Stat. 700, Pub. L. 111-8, § 822(a); Dec. 14, 2016, 130 Stat. 1350, Pub. L. 114-257, § 6(a)(1); Dec. 29, 2022, Pub. L. 117-328, Division E, Title VIII, § 819(a)(1), .)

Prior Codifications

1981 Ed., § 11-2604.

1973 Ed., § 11-2604.

Section References

This section is referenced in § 7-1906, § 11-2603, and § 16-2326.01.

Effect of Amendments

Pub. L. 107-96 substituted “$65” for “$50” in subsec. (a); and, in subsec. (b), substituted “$1900” for “$1300” twice, and substituted “$3600” for “$2450” twice.

Pub. L. 107-117 made a nonsubstantive change.

Pub. L. 110-335, in subsec. (a), substituted “$80 per hour” for “$65 per hour”; and rewrote subsec. (b).

Pub. L. 111-8, in subsec. (a), substituted “$90 per hour” for “$80 per hour”.

Cross References

Adult protection proceedings, representation of indigents, see § 7-1906.

Neglect and termination of parental rights proceedings, compensation of attorneys, see § 16-2326.01.

Applicability

Section 819(a)(2) of Division E of Title VIII of Public Law 117-328 provided that the amendments made by section 812 shall apply with respect to cases and proceedings initiated on or after December 29, 2022.

Emergency Legislation

For temporary amendment of section, see § 201 of the Omnibus Budget Support Emergency Act of 1993 (D.C. Act 10-32, June 3, 1993, 40 DCR 3658)

Temporary Legislation

Section 201 of D.C. Law 10-11 substituted “at a fixed rate of $50 per hour” for “at a rate fixed by the Joint Committee on Judicial Administration, not to exceed the rate of $35 per hour” in (a); substituted “$1,300” for “$900” in (b)(1) and (3); and substituted “$2450” for “$1700” in (b)(2) and (3).

Section 601(b)(5) of D.C. Law 10-11 provided that for services rendered as a result of court appointments made on or after October 1, 1993, Section 201 shall apply as of October 1, 1993.

Section 701(b) of D.C. Law 10-11 provided that the act shall expire on the 225th day of its having taken effect.

Effective Dates

Pub. L. 107-96, 115 Stat. 929, the District of Columbia Appropriations Act, 2002, provided in part:

“The amendments made by this provision shall apply with respect to cases and proceedings initiated on or after March 1, 2002.”

Section 2 of Pub. L. 110-335 provided: “The amendments made by this Act shall apply with respect to cases and proceedings initiated on or after the date of the enactment of this Act.”

Section 822(c) of Pub. L. 111-8 provided: “The amendments made by this section shall apply with respect to cases and proceedings initiated on or after the date of enactment of this Act.”

Editor's Notes

Section 6(b) of Public Law 114-257 provided that the amendments made by section 6(a) of Public Law 114-257 shall apply with respect to any case or proceeding initiated on or December 14, 2016.

Application of Law 5-44: Section 4(a) of D.C. Law 5-44 provided that the act shall apply to services rendered as a result of court appointments made after January 31, 1984.

Application of Law 10-25: Section 601(b)(5) of D.C. Law 10-25 provided that for services rendered as a result of court appointments made on or after October 1, 1993, section 201 shall apply as of October 1, 1993.

Expiration of § 805 of Law 11-52: Section 1701(b) of D.C. Law 11-52 provided that § 805 of the act shall expire on October 1, 1995.

Section 129 of Pub. L. 107-96, Dec. 21, 2001, 115 Stat. 923, and Section 128 of Pub. L. 108-7, Feb. 20, 2003, 117 Stat. 127, provided for the prompt payment of appointed counsel.