18 U.S.C. § 3006 — Assignment of counsel—(Rule)

Page 676 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 3002 Effective date, rule 59. Citation of rule, rule 60. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3002. Courts always open—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Business hours, rule 56. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3003. Calendars—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Preference to criminal cases, rule 50. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3004. Decorum in court room—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Photographing or radio broadcasting prohibited, rule 53. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3005. Counsel and witnesses in capital cases Whoever is indicted for treason or other cap- ital crime shall be allowed to make his full de- fense by counsel; and the court before which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all rea- sonable hours. In assigning counsel under this section, the court shall consider the rec- ommendation of the Federal Public Defender or- ganization, or, if no such organization exists in the district, of the Administrative Office of the United States Courts. The defendant shall be al- lowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his wit- nesses to appear at his trial, as is usually grant- ed to compel witnesses to appear on behalf of the prosecution. (June 25, 1948, ch. 645, 62 Stat. 814; Pub. L. 103–322, title VI, § 60026, Sept. 13, 1994, 108 Stat. 1982.) HISTORICAL AND REVISION NOTES Based on title 18, U.S.C., 1940 ed., § 563 (R.S. § 1034). Changes were made in phraseology. Editorial Notes AMENDMENTS 1994—Pub. L. 103–322 substituted ‘‘; and the court be- fore which the defendant is to be tried, or a judge thereof, shall promptly, upon the defendant’s request, assign 2 such counsel, of whom at least 1 shall be learned in the law applicable to capital cases, and who shall have free access to the accused at all reasonable hours. In assigning counsel under this section, the court shall consider the recommendation of the Federal Public Defender organization, or, if no such organiza- tion exists in the district, of the Administrative Office of the United States Courts. The defendant shall’’ for ‘‘learned in the law; and the court before which he is tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall’’. § 3006. Assignment of counsel—(Rule) SEE FEDERAL RULES OF CRIMINAL PROCEDURE Appointment by court, rule 44. Accused to be informed of right to counsel, rules 5 and 44. (June 25, 1948, ch. 645, 62 Stat. 814.) § 3006A. Adequate representation of defendants (a) CHOICE OF PLAN.—Each United States dis- trict court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, ex- pert, and other services necessary for adequate representation. Each plan shall provide the fol- lowing: (1) Representation shall be provided for any financially eligible person who— (A) is charged with a felony or a Class A misdemeanor; (B) is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031 of this title; (C) is charged with a violation of proba- tion; (D) is under arrest, when such representa- tion is required by law; (E) is charged with a violation of super- vised release or faces modification, reduc- tion, or enlargement of a condition, or ex- tension or revocation of a term of supervised release; (F) is subject to a mental condition hear- ing under chapter 313 of this title; (G) is in custody as a material witness; (H) is entitled to appointment of counsel under the sixth amendment to the Constitu- tion; (I) faces loss of liberty in a case, and Fed- eral law requires the appointment of coun- sel; or (J) is entitled to the appointment of coun- sel under section 4109 of this title. (2) Whenever the United States magistrate judge or the court determines that the inter- ests of justice so require, representation may be provided for any financially eligible person who— (A) is charged with a Class B or C mis- demeanor, or an infraction for which a sen- tence to confinement is authorized; or (B) is seeking relief under section 2241, 2254, or 2255 of title 28. (3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both: (A) Attorneys furnished by a bar associa- tion or a legal aid agency, (B) Attorneys furnished by a defender or- ganization established in accordance with the provisions of subsection (g). Prior to approving the plan for a district, the ju- dicial council of the circuit shall supplement