Payment for Expert and Other Services at Sentencing

The Chief Judge of the Superior Court of the District of Columbia requested an opinion as to whether an outside organization which performs services requested by the defense counsel in connection with the sentencing of a defendant may be paid for such services as an expert witness. The Chief Judge suggested that sentencing is not a part of defense and would not fall under the category of expert and other services necessary for an adequate defense under District law. District law provides the Superior Court with discretionary authority to approve expert and other services necessary for an adequate defense of indigent defendants in criminal cases. While sentencing is not technically a part of defense of the charges, the Supreme Court has held that, even at sentencing, a defendant has rights to be protected. District law provides that a defendant for whom counsel is appointed has a right to be represented at every stage of the proceedings. GAO has held that representation includes expert and other services. Further, the District of Columbia Criminal Justice Act Plan and criminal rules contemplate defense of the contents of the presentence report and presentation of mitigating factors at sentencing. Accordingly, GAO construed the statutory phrase an adequate defense to include sentencing. GAO would not object if the Superior Court authorizes or approves payment for any necessary expert or other services required by the defense at sentencing.