Proper Source of Funds

A decision was requested as to the proper source of funds to pay a court-appointed expert witness who made an appraisal of properties subject to forfeiture in a criminal proceeding. A voucher for the appraisal services was approved by the court and submitted to the Administrative Office of the United States Courts for payment. However, payment was delayed because the Administrative Office claimed that the Department of Justice should pay the voucher. Subsequently, the court issued an order stating that Justice should pay for the services. An agreement was reached under which Justice paid the fee and the Administrative Office agreed to reimburse Justice if it should be decided that Judiciary appropriations should have been used. GAO has held that the compensation of court-appointed expert witnesses in condemnation cases is chargeable to the litigating agency of the government. Although Justice argued that there should be a distinction between the treatment of court-appointed experts in condemnation cases and in criminal cases, the language of the governing rule did not clearly support such a distinction. Therefore, it was determined that the Administrative Office need not reimburse Justice for payment of the voucher.