B-175429, MAY 26, 1972, 51 COMP GEN 769

B-175429: May 26, 1972

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH NEW COURT WAS GIVEN EXCLUSIVE JURISDICTION "OF ANY CRIMINAL CASE UNDER ANY LAW APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA. ARE AVAILABLE TO PAY ATTORNEYS AND EXPERTS APPOINTED BY THE SUPERIOR COURT SINCE PUBLIC LAW 91-447 AMENDED THE CJA BY ADDING SUBSECTION (1) TO MAKE THE CJA APPLICABLE TO THE DISTRICT AND. THE CJA APPLIES WHEN A PROSECUTION IS BROUGHT IN THE NAME OF THE UNITED STATES IN THE SUPERIOR COURT AND THE D.C. COURT OF APPEALS AND WHEN COUNSEL IS APPOINTED IN JUVENILE PROCEEDINGS PURSUANT TO 18 U.S.C. 3006AA). PUBLIC DEFENDER SERVICE WHICH IS COVERED BY SECTIONS 306 AND 307 OF THE REFORM ACT. ARE AVAILABLE TO PAY ATTORNEYS AND EXPERTS APPOINTED IN THE DISTRICT OF COLUMBIA SUPERIOR COURT AS WELL AS PAY FOR OTHER SERVICES.

B-175429, MAY 26, 1972, 51 COMP GEN 769

COURTS - DISTRICT OF COLUMBIA - SUPERIOR COURT - CRIMINAL JUSTICE ACT APPLICATION IN THE PROSECUTION OF CASES BROUGHT IN THE DISTRICT OF COLUMBIA (D.C.) SUPERIOR COURT ESTABLISHED BY THE D.C. COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970 (PUBLIC LAW 91-358) BY MERGING THE COURT OF GENERAL SESSIONS, THE JUVENILE COURT, AND THE D.C. TAX COURT, WHICH NEW COURT WAS GIVEN EXCLUSIVE JURISDICTION "OF ANY CRIMINAL CASE UNDER ANY LAW APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA," THE FUNDS APPROPRIATED TO THE FEDERAL JUDICIARY FOR THE IMPLEMENTATION OF THE CRIMINAL JUSTICE ACT (CJA), 18 U.S.C. 3006A, ARE AVAILABLE TO PAY ATTORNEYS AND EXPERTS APPOINTED BY THE SUPERIOR COURT SINCE PUBLIC LAW 91-447 AMENDED THE CJA BY ADDING SUBSECTION (1) TO MAKE THE CJA APPLICABLE TO THE DISTRICT AND, THEREFORE, THE CJA APPLIES WHEN A PROSECUTION IS BROUGHT IN THE NAME OF THE UNITED STATES IN THE SUPERIOR COURT AND THE D.C. COURT OF APPEALS AND WHEN COUNSEL IS APPOINTED IN JUVENILE PROCEEDINGS PURSUANT TO 18 U.S.C. 3006AA). COURTS - CRIMINAL JUSTICE ACT OF 1964 - PROCEEDINGS IN THE DISTRICT OF COLUMBIA COURTS - ADMINISTRATION AND BUDGETING FOR PROGRAMS NOTWITHSTANDING THE REORGANIZATION OF THE LOCAL COURTS IN THE DISTRICT OF COLUMBIA (D.C.) PURSUANT TO THE D.C. COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970 (PUBLIC LAW 91-358), THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS SHOULD CONTINUE TO HANDLE THE ADMINISTRATION OF, AND BUDGETING FOR THE CRIMINAL JUSTICE ACT (CJA) PROGRAM IN THE D.C. COURTS IN THE SAME MANNER AS IN THE PAST AND TO THE EXTENT POSSIBLE AS IT ADMINISTERS AND BUDGETS FOR THE PROGRAMS OF THE FEDERAL DISTRICT COURTS, EXCEPT FOR THE D.C. PUBLIC DEFENDER SERVICE WHICH IS COVERED BY SECTIONS 306 AND 307 OF THE REFORM ACT, AND THE RESPONSIBILITIES OF THE JUDICIAL CONFERENCE OF THE UNITED STATES OR THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS UNDER 28 U.S.C. 604, 605, AND 610 REMAIN UNCHANGED WITH RESPECT TO THE D.C. SUPERIOR COURT AND THE D.C. COURT OF APPEALS.

TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, MAY 26, 1972:

YOUR LETTER OF MARCH 7, 1972, REQUESTS OUR OPINION AS TO WHETHER, IN LIGHT OF THE REORGANIZATION OF THE LOCAL COURTS IN THE DISTRICT OF COLUMBIA PURSUANT TO THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970, PUBLIC LAW 91-358, 84 STAT. 473, THE FUNDS APPROPRIATED TO THE FEDERAL JUDICIARY FOR THE IMPLEMENTATION OF THE CRIMINAL JUSTICE ACT (CJA), 18 U.S.C. 3006A, ARE AVAILABLE TO PAY ATTORNEYS AND EXPERTS APPOINTED IN THE DISTRICT OF COLUMBIA SUPERIOR COURT AS WELL AS PAY FOR OTHER SERVICES, IN CASES WHERE EXCLUSIVE JURISDICTION OVER THE CRIMINAL OFFENSE CHARGED IS VESTED IN THAT COURT; AND IF IT IS OUR DECISION THAT SUCH FUNDS MAY BE SO APPLIED, IN WHAT CATEGORIES OF CASES COULD SUCH ATTORNEYS AND EXPERTS BE COMPENSATED. YOU ALSO ASK WHAT RESPONSIBILITIES THE JUDICIAL CONFERENCE OF THE UNITED STATES AND YOUR OFFICE WOULD HAVE OVER THE ADMINISTRATION OF, AND BUDGETING FOR, THE CJA PROGRAM IN THE DISTRICT OF COLUMBIA (D.C.) SUPERIOR COURT AND THE DISTRICT OF COLUMBIA (D.C.) COURT OF APPEALS IF WE DETERMINE THAT CJA APPLIES TO CASES PECULIAR TO THE LOCAL JURISDICTION OF THOSE COURTS. WROTE TO THE EXECUTIVE OFFICER OF THE D.C. COURTS FOR HIS VIEWS ON THESE MATTERS, AND IN RESPONSE THERETO THE HONORABLE HAROLD GREENE, CHIEF JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA FURNISHED US THE VIEWS OF THE DISTRICT OF COLUMBIA COURTS.

IN 45 COMP. GEN. 785 (1966) - REFERRED TO IN YOUR LETTER - WE STATED THAT THE CRIMINAL JUSTICE ACT IS INTENDED TO PROVIDE ADEQUATE REPRESENTATION AT ALL STAGES FOR PERSONS CHARGED WITH THE COMMISSION OF FELONIES OR MISDEMEANORS, OTHER THAN PETTY OFFENSES AS DEFINED IN SECTION 1 OF TITLE 18, UNITED STATES CODE, WHO ARE FINANCIALLY UNABLE TO OBTAIN AN ADEQUATE DEFENSE. WE NOTED THAT IN MAKING SUCH PROVISION, THE ACT WAS FRAMED IN TERMS OF THE FEDERAL COURT SYSTEM OF WHICH THE DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS HAS TRADITIONALLY NOT BEEN CONSIDERED A PART. HOWEVER, WE POINTED OUT THAT WITH RESPECT TO THE PURPOSES OF THE CRIMINAL JUSTICE ACT OF 1964, THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA HAD CONCURRENT JURISDICTION OVER ALL CRIMINAL CASES WHICH COULD PROPERLY BE HEARD IN THE "UNITED STATES BRANCH" OF THE D.C. COURT OF GENERAL SESSIONS, AND THAT ALL CRIMINAL CASES HEARD IN THE COURT OF GENERAL SESSIONS - OTHER THAN THOSE INVOLVING VIOLATIONS OF POLICE OR MUNICIPAL ORDINANCES OR REGULATIONS - WERE PROSECUTED BY A UNITED STATES ATTORNEY IN THE NAME OF THE UNITED STATES. WE STATED THAT SINCE THE UNITED STATES DETERMINED WHETHER A DEFENDANT IN A CRIMINAL CASE WAS TO BE TRIED IN THE U.S. DISTRICT COURT OR IN THE COURT OF GENERAL SESSIONS, IT WAS DIFFICULT TO REACH THE CONCLUSION THAT THE CONGRESS INTENDED A DEFENDANT'S ENTITLEMENT UNDER THE CRIMINAL JUSTICE ACT TO BE DEPENDENT UPON WHETHER THE UNITED STATES SHOULD CHOOSE TO PROSECUTE HIM IN ONE COURT RATHER THAN ANOTHER. THUS, WE CONCLUDED THAT THE CRIMINAL JUSTICE ACT OF 1964 SHOULD BE CONSTRUED AS COVERING THE U.S. BRANCH OF THE D.C. COURT OF GENERAL SESSIONS AND THAT ANY PLAN COVERING APPLICATION OF THE ACT IN THE DISTRICT OF COLUMBIA SHOULD INCLUDE THAT BRANCH. SEE ALSO OUR DECISIONS OF SEPTEMBER 24, 1970, 50 COMP. GEN. 205 AND 48 COMP. GEN. 569 (1969).

ON JULY 29, 1970, THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970, PUBLIC LAW 91-358, 84 STAT. 473 (HENCEFORTH REFERRED TO AS THE D.C. COURT REFORM ACT) WAS ENACTED INTO LAW. AMONG OTHER THINGS, THAT ACT MERGED THE THREE LOCAL COURTS - THE COURT OF GENERAL SESSIONS, THE JUVENILE COURT, AND THE D.C. TAX COURT - INTO A NEW SUPERIOR COURT. THE SUPERIOR COURT IS GIVEN EXCLUSIVE JURISDICTION "OF ANY CRIMINAL CASE UNDER ANY LAW APPLICABLE EXCLUSIVELY TO THE DISTRICT OF COLUMBIA "EXCEPT FOR THOSE ALREADY COMMENCED IN THE UNITED STATES DISTRICT COURT OR THOSE FILED THERE DURING AN 18-MONTH TRANSITION PERIOD. THE D.C. COURT REFORM ACT ALSO ESTABLISHED THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE AND PHASED OUT OVER A 30 MONTH PERIOD THE FORMER PRO RATA CONTRIBUTIONS MADE FROM DISTRICT OF COLUMBIA APPROPRIATIONS FOR THE MAINTENANCE OF THE U.S. DISTRICT COURT AND THE U.S. COURT OF APPEALS.

YOU STATE THAT THE D.C. SUPERIOR COURT, HAVING BEEN INVESTED WITH BOTH MISDEMEANOR AND FELONY CRIMINAL JURISDICTION OF LOCAL APPLICATION, HAS ASSUMED MUCH OF THE CHARACTER OF A STATE COURT. YOU FURTHER STATE THAT IT APPEARS THAT TWO OF THE MAJOR PREMISES OF OUR ORIGINAL OPINIONS FINDING THE CRIMINAL JUSTICE ACT OF 1964 APPLICABLE TO THE D.C. GENERAL SESSIONS COURT ARE NOW ELIMINATED: FIRST, THERE IS NO LONGER CONCURRENT JURISDICTION SHARED BY THE LOCAL COURT AND THE UNITED STATES COURT AND SECOND, THE TRIAL JURISDICTION IS NO LONGER DEPENDENT UPON WHETHER THE UNITED STATES SHOULD CHOOSE TO PROSECUTE A DEFENDANT IN ONE COURT RATHER THAN ANOTHER.

ON OCTOBER 14, 1970, SHORTLY AFTER THE ENACTMENT OF THE D.C. COURT REFORM ACT, THERE WAS ENACTED PUBLIC LAW 91-447, 84 STAT. 916, AMENDING 18 U.S.C. 3006A (THE CJA), WHICH AMENDMENT YOU DESCRIBE AS A "VIRTUAL REWRITING OF THE CRIMINAL JUSTICE ACT." WHILE IN THIS ACT THE CONGRESS DID NOT DISTURB THE SECTION (18 U.S.C. 3006AK)) DEFINING THE UNITED STATES "DISTRICT COURTS" TO WHICH CJA IS APPLICABLE, IT ADDED A NEW SUBSECTION (1) TO THE CJA, WHICH SUBSECTION PROVIDES:

(1) APPLICABILITY IN THE DISTRICT OF COLUMBIA. THE PROVISIONS OF THIS ACT, OTHER THAN SUBSECTION (H) OF SECTION 1, SHALL BE APPLICABLE IN THE DISTRICT OF COLUMBIA. THE PLAN OF THE DISTRICT OF COLUMBIA SHALL BE APPROVED JOINTLY BY THE JUDICIAL COUNCIL OF THE DISTRICT OF COLUMBIA CIRCUIT AND THE DISTRICT OF COLUMBIA COURT OF APPEALS.

THIS LANGUAGE (EXCEPT FOR THE PHRASE "OTHER THAN SUBSECTION (H) OF SECTION 1") WAS INITIALLY INTRODUCED ON APRIL 30, 1970, ON THE FLOOR OF THE SENATE, BY SENATOR HRUSKA AS AN AMENDMENT TO THE BILL WHICH AMENDED THE CJA. AT THE TIME THE AMENDMENT WAS INTRODUCED, SENATOR HRUSKA MADE THE FOLLOWING STATEMENT:

MR. PRESIDENT, THE AMENDMENT THAT I HAVE OFFERED WOULD MAKE THE PROVISIONS OF THE CRIMINAL JUSTICE ACT, AS AMENDED BY S. 1461, FULLY APPLICABLE TO THE DISTRICT OF COLUMBIA.

THIS AMENDMENT IS NEEDED TO CLARIFY THE APPLICATION OF THE ACT TO APPOINTED COUNSEL APPEARING BEFORE THE COURT OF GENERAL SESSIONS OR ANY OTHER COURTS OF GENERAL JURISDICTION, NOW OR IN THE FUTURE, IN THE DISTRICT OF COLUMBIA. THE CRIMINAL JUSTICE ACT OF 1964, AS ORIGINALLY ENACTED, OMITTED ANY REFERENCE TO THE DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS, ALTHOUGH THE COMPTROLLER GENERAL RULED IN 1966 THAT THE ACT DOES EXTEND TO CERTAIN CLASSES OF CASES PROSECUTED IN THAT COURT. I RECALL, THAT WAS ALSO THE INTENT OF THE 1964 ACT.

SINCE THE CONSTITUTIONAL RIGHTS SUBCOMMITTEE BEGAN CONSIDERATION OF S.1461, AND OTHER PROPOSED AMENDMENTS TO THE 1964 ACT, LEGISLATION HAS BEEN PROCEEDING THROUGH THE SENATE AND HOUSE DISTRICT COMMITTEES THAT WOULD SIGNIFICANTLY REORGANIZE THE FEDERAL COURTS OF THE DISTRICT. THAT LEGISLATION IS NOW BEFORE A CONFERENCE COMMITTEE.

THE CONCURRENT JURISDICTION OF THE DISTRICT OF COLUMBIA DISTRICT COURT AND THE DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS OVER CERTAIN OFFENSES AGAINST THE UNITED STATES WOULD END UNDER THAT LEGISLATION, AND THE COURT SYSTEMS WOULD BE GREATLY CHANGED. IT IS THE CONCURRENT JURISDICTION, HOWEVER, UPON WHICH THE COMPTROLLER GENERAL BASED HIS OPINION OF COVERAGE UNDER THE 1964 ACT.

THEREFORE, TO INSURE COVERAGE OF THE CRIMINAL JUSTICE ACT IN THE DISTRICT, WHETHER OR NOT THE COURT REORGANIZATION BILL IS ENACTED, FOR THOSE CLASSES SPECIFIED IN THE 1964 ACT AS AMENDED BY S. 1461 AS REPORTED BY THE FULL JUDICIAL COMMITTEE, THIS AMENDMENT IS OFFERED. (CONGRESSIONAL RECORD - SENATE, APRIL 30, 1970, S6500, TEMP. ED.)

SENATOR HRUSKA'S AMENDMENT MAKING THE CJA APPLICABLE IN THE LOCAL COURTS OF THE DISTRICT OF COLUMBIA WAS AGREED TO BY THE SENATE. IT WAS SUBSEQUENTLY ACCEPTED BY THE HOUSE, WITH ADDITIONAL AMENDMENTS AFTER THE DEPARTMENT OF JUSTICE NOTED THAT THE LANGUAGE OF THE SENATE AMENDMENT LEFT UNCLEAR THE APPLICABILITY OF THE PUBLIC DEFENDER ORGANIZATION PROVISIONS OF THE ACT WITHIN THE DISTRICT OF COLUMBIA AND THE QUESTION OF COMPENSATION OF COUNSEL APPOINTED TO REPRESENT JUVENILES. (SEE THE HEARINGS BEFORE SUBCOMMITTEE NO. 3 OF THE HOUSE JUDICIARY COMMITTEE, JUNE 18 AND 25, 1970, PAGES 96 TO 99.) WHILE THE DEPARTMENT OF JUSTICE PROPOSED SPECIFIC LANGUAGE TO DEAL WITH THESE PROBLEMS, THE HOUSE COMMITTEE MERELY AMENDED THE BILL TO EXEMPT THE DISTRICT OF COLUMBIA FROM THE PUBLIC DEFENDER ORGANIZATION PROVISIONS OF THE CJA WITHIN THE DISTRICT OF COLUMBIA COURTS. THUS, HOUSE REPORT NO. 91-1546, 91ST CONGRESS, EXPLAINS:

AMENDMENT NO. 11 PROVIDES THAT EXCEPT FOR SUBSECTION (H) INVOLVING DEFENDER ORGANIZATIONS, THE PROVISIONS OF THE CRIMINAL JUSTICE ACT APPLY IN THE DISTRICT OF COLUMBIA. THE DISTRICT ALREADY A PUBLIC DEFENDER SERVICE (TITLE III, PUBLIC LAW 91-358).

THE HOUSE AND THE SENATE BOTH ACCEPTED THIS FURTHER AMENDMENT OF SENATOR HRUSKA'S AMENDMENT.

FURTHER, WE NOTE THAT SECTION 210(A) OF THE D.C. COURT REFORM ACT REVISES, CODIFIES, AND ENACTS THE GENERAL AND PERMANENT LAWS OF THE DISTRICT OF COLUMBIA RELATING TO CRIMINAL PROCEDURE. THAT SECTION REVISES TITLE 23, D.C. CODE, AND PROVIDES, IN EFFECT, THAT ALL CRIMINAL PROSECUTIONS - EXCEPT (IN MOST CASES) FOR PROSECUTIONS FOR VIOLATIONS OF ALL POLICE OR MUNICIPAL ORDINANCES OR REGULATIONS AND FOR VIOLATION OF ALL PENAL STATUTES IN THE NATURE OF POLICE OR MUNICIPAL REGULATIONS, WHERE THE MAXIMUM PUNISHMENT IS A FINE ONLY, OR IMPRISONMENT NOT EXCEEDING 1 YEAR, OR PROSECUTIONS FOR VIOLATIONS OF SECTION 6 OF THE ACT OF JULY 29, 1892 (D.C. CODE, SECTION 22-1107), RELATING TO DISORDERLY CONDUCT, AND FOR VIOLATIONS OF SECTION 9 OF THAT ACT (D.C. CODE, SECTION 22-1112), RELATING TO LEWD, INDECENT, OR OBSCENE ACTS - SHALL BE CONDUCTED IN THE NAME OF THE UNITED STATES BY THE U.S. ATTORNEY FOR THE DISTRICT OF COLUMBIA, OR HIS ASSISTANTS. IN OTHER WORDS, MOST, IF NOT ALL, CRIMINAL PROSECUTIONS FORMERLY BROUGHT BY THE UNITED STATES ATTORNEY IN THE NAME OF THE UNITED STATES IN THE "UNITED STATES BRANCH" OF THE COURT OF GENERAL SESSIONS OR IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA WILL NOW BE BROUGHT BY THE UNITED STATES ATTORNEY IN THE NAME OF THE UNITED STATES IN THE D.C. SUPERIOR COURT. APPLICATION OF THE CJA TO THESE CASES IN THE SUPERIOR COURT WOULD ACCOMPLISH THE STATED PURPOSE OF THE SPONSOR OF SUBSECTION (1) OF THE CJA THAT CJA COVERAGE IN THE DISTRICT UNDER THE 1970 AMENDMENTS SHOULD INCLUDE THOSE CLASSES OF CASES WHICH WERE COVERED BY THE 1964 ACT PRIOR TO THE REORGANIZATION OF THE D.C. COURT SYSTEM.

MOREOVER, THE INTENT TO MAKE APPLICABLE THE CJA TO THE DISTRICT OF COLUMBIA COURTS IS OBVIOUS FROM THE WORDING OF SUBSECTION (1) OF THE CJA. AS NOTED ABOVE, THE LAST SENTENCE OF THAT SUBSECTION PROVIDES:

THE PLAN OF THE DISTRICT OF COLUMBIA SHALL BE APPROVED JOINTLY BY THE JUDICIAL COUNCIL OF THE DISTRICT OF COLUMBIA CIRCUIT AND THE DISTRICT OF COLUMBIA COURT OF APPEALS.

WE AGREE WITH JUDGE GREEN'S INTERPRETATION OF THIS SENTENCE THAT:

*** HAD IT NOT BEEN THE CLEAR CONGRESSIONAL INTENT FOR THE CRIMINAL JUSTICE ACT TO APPLY TO THE D.C. COURT SYSTEM, THERE WOULD, OF COURSE, HAVE BEEN NO REASON WHATEVER FOR REQUIRING THAT THE CRIMINAL JUSTICE ACT PLAN FOR THE DISTRICT OF COLUMBIA BE APPROVED BY THE DISTRICT OF COLUMBIA COURT OF APPEALS, A LOCAL COURT WITHOUT STRICTLY "FEDERAL" RESPONSIBILITIES.

WE AGREE WITH JUDGE GREENE'S INTERPRETATION OF THIS SENTENCE THAT: CJA - PRIOR TO THE 1970 AMENDMENTS THERETO - APPLICABLE TO THE D.C. COURT OF GENERAL SESSIONS (I.E., THE CONCURRENT JURISDICTION SHARED BY THE LOCAL COURT AND THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA AND THE FACT THAT THE CHOICE OF FORUM WAS UP TO THE UNITED STATES) NO LONGER APPLIES TO THE D.C. COURTS AS REORGANIZED BY THE D.C. COURT REFORM ACT. HOWEVER, IT IS OUR OPINION THAT EXCEPT AS TO SUBSECTION (H) OF THE CJA RELATING TO PUBLIC DEFENDER SYSTEMS, SUBSECTION (1) OF THE CJA, AS ADDED BY PUBLIC LAW 91-447, CLEARLY AND UNEQUIVOCALLY MAKES THE CJA APPLICABLE TO PROSECUTIONS BROUGHT IN THE D.C. SUPERIOR COURT AND THE D.C. COURT OF APPEALS WITH REGARD TO THOSE PROSECUTIONS BROUGHT IN THE NAME OF THE UNITED STATES, AND WE SO HOLD.

AS TO THE APPLICATION OF THE CJA TO JUVENILE PROCEEDINGS, SECTION 3006AA) OF TITLE 18, UNITED STATES CODE, PROVIDES, IN EFFECT, THAT THE CJA WILL COVER:

*** ANY PERSON FINANCIALLY UNABLE TO OBTAIN ADEQUATE REPRESENTATION (1) WHO IS CHARGED WITH *** JUVENILE DELINQUENCY BY THE COMMISSION OF AN ACT, WHICH IF COMMITTED BY AN ADULT, WOULD BE SUCH A FELONY OR MISDEMEANOR *** OR, (4) FOR WHOM THE SIXTH AMENDMENT TO THE CONSTITUTION REQUIRES THE APPOINTMENT OF COUNSEL OR FOR WHOM, IN A CASE IN WHICH HE FACES LOSS OF LIBERTY, ANY FEDERAL LAW REQUIRES THE APPOINTMENT OF COUNSEL. *** HOUSE REPORT 91-1546, DATED SEPTEMBER 30, 1970, STATES ON PAGE 3 THAT THE PURPOSE OF 18 U.S.C. 3006A IS TO:

*** RENDER EXPLICIT THE COVERAGE (UNDER SECTION 3006AA)(1)) OF PERSONS CHARGED WITH JUVENILE DELINQUENCY. WITHIN THE DISTRICT OF COLUMBIA, CHILDREN WOULD ALSO BE COVERED BY SECTION (3006AA)(4)), INSOFAR AS THE DISTRICT OF COLUMBIA COURT REFORM AND CRIMINAL PROCEDURE ACT OF 1970 (PUBLIC LAW 91-358, APPROVED JULY 29, 1970) REQUIRES THE APPOINTMENT OF COUNSEL FOR THEM IN CASES IN WHICH THEY FACE LOSS OF LIBERTY ***

IN OTHER WORDS, THE PROVISIONS OF 18 U.S.C. 3006AA)(1) ARE APPLICABLE IN THE DISTRICT OF COLUMBIA, AS IN ALL THE OTHER CJA COVERED JURISDICTIONS, TO PERSONS CHARGED WITH JUVENILE DELINQUENCY BY THE COMMISSION OF AN ACT WHICH, IF IT HAD BEEN COMMITTED BY AN ADULT, WOULD BE A FELONY OR MISDEMEANOR (OTHER THAN A PETTY OFFENSE AS DEFINED BY 18 U.S.C. 1) OR WITH VIOLATION OF PROBATION COVERED BY THE PROVISIONS OF THE CJA, AND THE PROVISIONS OF 18 U.S.C. 3006AA)(4) COVER PERSONS CHARGED IN JUVENILE PROCEEDINGS IN THE DISTRICT OF COLUMBIA FOR WHOM THE SIXTH AMENDMENT OF THE CONSTITUTION REQUIRES THE APPOINTMENT OF COUNSEL, OR FOR WHOM, IN A CASE IN WHICH THE JUVENILE FACES LOSS OF LIBERTY, ANY FEDERAL LAW - INCLUDING, IN PARTICULAR, THE D.C. COURT REFORM ACT - REQUIRES THE APPOINTMENT OF COUNSEL.

AS TO YOUR FINAL QUESTION, THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS SHOULD HANDLE THE ADMINISTRATION OF, AND BUDGETING FOR, THE CJA PROGRAM IN THE DISTRICT OF COLUMBIA'S LOCAL COURTS GENERALLY IN THE SAME MANNER AS IT HAS IN THE PAST AND TO THE EXTENT POSSIBLE AS IT ADMINISTERS AND BUDGETS FOR PROGRAMS OF THE FEDERAL DISTRICT COURTS, EXCEPT, OF COURSE, THAT THE ADMINISTRATION OF, BUDGETING FOR, AND FINANCING OF, THE DISTRICT OF COLUMBIA PUBLIC DEFENDER SERVICE SHOULD BE IN ACCORDANCE WITH SECTIONS 306 AND 307 OF THE D.C. COURT REFORM ACT. EXCEPT FOR THE AFOREMENTIONED, THIS DECISION SHOULD NOT BE CONSTRUED TO INCREASE OR DECREASE THE RESPONSIBILITIES OF THE JUDICIAL CONFERENCE OF THE UNITED STATES OR THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS UNDER SECTIONS 604, 605, AND 610 OF TITLE 28, U.S.C. WITH RESPECT TO THE D.C. SUPERIOR COURT AND THE D.C. COURT OF APPEALS.

COPIES OF THIS DECISION ARE BEING SENT TO THE EXECUTIVE DIRECTOR OF THE DISTRICT OF COLUMBIA COURTS AND TO THE CHIEF JUDGE OF THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.