NCJ Number
63074
Date Published
1979
Length
132 pages
Annotation
STATISTICS ARE PRESENTED TO SHOW THE OPERATION OF THE CRIMINAL JUSTICE ACT (CJA) IN THE FEDERAL COURTS DURING FISCAL YEAR 1978.
Abstract
THE CONGRESS APPROPRIATED $24 MILLION FOR DEFENDER SERVICES IN 1978, INCLUDING FUNDS ESTIMATED AT $350,000 FOR THE LIQUIDATION OF OBLIGATIONS CARRIED FORWARD FROM THE PREVIOUS FISCAL YEAR. ALSO, ABOUT 45,000 PERSONS WERE REPRESENTED IN FEDERAL COURTS PURSUANT TO THE PROVISIONS OF CJA. THIS COMPARES WITH 46,052 APPOINTMENTS IN 1977 AND 55,649 APPOINTMENT IN 1976. THE 1978 DECREASE IN CJA APPOINTMENTS MAY BE ATTRIBUTED TO A DECREASE IN CRIMINAL FILING BY 13.5 PERCENT FROM 1977, SIGNIFICANT VACANCIES AND PERSONNEL TURNOVER IN FEDERAL ATTORNEYS' OFFICES, AND A TENDENCY TO REFER MORE FEDERAL/STATE LAW VIOLATIONS TO THE STATES FOR PROSECUTION. THE AVERAGE PAYMENT TO COUNSEL, BASED ON CLAIMS PROCESSED FOR ALL CIRCUITS AS OF NOVEMBER 30, 1978, WAS $758. BETWEEN FISCAL YEARS 1975 AND 1978, EXCESS PAYMENTS FOR EXTENDED OR COMPLEX REPRESENTATION HAVE INCREASED BY 68 PERCENT IN FELONY CASES, 12 PERCENT IN DISCRETIONARY MATTERS, AND 318 PERCENT IN EXPERT AND OTHER SERVICE CLAIMS. AS OF NOVEMBER 30, 1978, ALMOST $2 MILLION WAS PAID FROM THE CJA APPROPRIATION FOR TRANSCRIPTS, AND INVESTIGATIVE, EXPERT, AND OTHER SERVICES. FIVE FEDERAL PUBLIC DEFENDER PROGRMS BEGAN OPERATIONS IN 1978, AND TWO ADDITIONAL BRANCH OFFICES WERE AUTHORIZED FOR 1979. GRANTS TO COMMUNITY DEFENDER ORGANIZATIONS AND THOSE AUTHORIZED FOR 1979 BOTH CAME TO OVER $3 MILLION. THE AVERAGE COMPENSATION TO PANEL ATTORNEYS IN 1978 IS EXPECTED TO REACH $440 PER CASE, WHILE FEDERAL PUBLIC DEFENDER COSTS WILL AVERAGE $524 PER CASE, AND THE AVERAGE COST PER CASE FOR COMMUNITY DEFENDERS IS EXPECTED TO BE $464. TABULAR AND GRAPHIC DATA ARE PROVIDED. (RCB)