TABLE 94.-Federal Public Defenders. Statistical summary of cases closed and hours in court representing defendants by offense, fiscal year 1972

1 Includes local offenses committed on Federal reservations and matters not classified

by substantive offense.

Hours in court represent last 6 months of fiscal year 1972 only.
Based on oil cases closed during the last 6 months of fiscal year 1972.

4 Rounded to nearest hour.

Includes 797 hours from July to December not individually coded.

• Reporting period from January 1, 1972 to June 30, 1972.

CJA 20

INSTRUCTIONS FOR COMPLETION OF CJA 20

APPOINTMENT

AND AUTHORITY TO PAY
DEFENSE COUNSEL

Name of Court: Check the kind of court (e.g., Magistrate, District, Appeals) or Panel (e.g.,
Parole Board). For: Complete the name of the court (e.g., Northern District of
California) or Panel. At: Give the place (e.g., San Francisco).

In the case of: If it is a civil case (e.g. NARA, 2255) show name of petitioner on first line
and respondent on second line. If it is a criminal case show "U.S." or the State's name
on the first line and defendant's name on second. If it is a criminal multiple defendant
case, just show the name of the defendant who is the "person represented" (if "person
represented" is not a defendant, show the first named defendant in the court's recording
of the case).

Proceeding: Show the proceeding (e.g. "preliminary hearing," "trial," etc.) for which the
appointment of counsel was made. If initial appointment was for something other than
a court proceeding briefly describe it (e.g. "probation revocation hearing", or
"accompanied defendant and advised him at police line up", etc.)
Charge/Offense: Give the major offense(s) with which the defendant is charged. Check the
Felony or Misdemeanor box and show the U.S. Code or State penal statutes applicable to
the offense.

Person Represented: Give the name of the person for whom representation is being
provided. If this name already appears above (e.g., where the person is the defendant
named in the case) simply check the box marked PL or DF, as appropriate. Check the
category box(es) which most accurately characterize(s) the legal role of the "person
represented". For example, if he is a 17 year-old defendant in a criminal case check
Defendant-Juvenile box.

Location No: Obtain location number from
Clerk of Court

Docket No: Show docket number assigned by
court(s) in which case involving "person
represented" is docketed. If services for
which payment is claimed on this voucher
were provided both in Magistrate and
District Court show both docket numbers.
If no number has been assigned, so state.
Voucher No: This pre-printed number should
always be referred to in any inquiry.

THE COURT ORDER

VOUCHER FOR SERVICES AND EXPENSES

Check the box indicating which of the various appointive actions permitted under 18 USC 3006A(b) and (c) is being taken: e.g., Appointing Counsel; Ratifying Prior Service; Extending Appointment for Appeal; or Substituting Counsel. For substitutions, give the name and date of appointment of prior counsel.

CERTIFICATION OF
ATTORNEY/PAYEE

The main purpose of this section is to determine whether counsel has received any payments from or on behalf of the defendant for services provided. (This would include payments under CJA for services previously vc hered and paid.) Under 18 USC 3006A(f), a court-appointed attorney may not accept any payments or promise of payment from or on behalf of a defendant unless authorized by the court on CJA Form 7.

I. In Open Court: On the applicable lines A thru H enter the dates and actual time spent (except travel time) in hours and tenths of hours. The rates per hour, both for "in court" and "out of court" service, should not exceed the rates authorized by the plan of the court. Consult with clerk of the court. Show total "In Court" hours claimed and multiply by "Rate per hour" to obtain total dollars claimed for "In Court" time. II. Out Of Court: Complete according to instruction above for "In Court" time, except that dates need not be shown unless specifically requested by the court concerned. On line E note that travel time during normal business hours is compensable, and that travel time to and from court (or the place where service is given) cannot be claimed if the round trip took less than one hour.

III. Itemized Expenses: Itemize any out-of-pocket expenses incurred incident to the representation. Travel by privately owned automobile should be claimed at the rate of 10 cents per mile, plus parking fees, ferry fares, and bridge, road and tunnel tolls. Do not include an allocated part of general office overhead such as rent, telephone service, and secretarial help, nor items of a personal nature. Do not include the cost of printing briefs. However, the cost of mimeographing or photocopying typewritten briefs is allowable. Do not include investigative, expert or other services allowable under 18 USC 3006A(e). The organization or person rendering such services should file a claim on CJA 21,

However, if attorney elects to pay a court reporter or court reporting service directly, the attorney may claim reimbursement on this voucher providing he has obtained authorization and furnished the required receipt.

Payment Approval: The claim made for compensation for services rendered and/or reimbursement for expenses incurred must be reviewed both for reasonableness and for compliance with the CJA and other applicable regulations, by the court in which or on whose behalf - services of appointed counsel were rendered. After review, the amount approved will be entered in the space provided. If the compensation for services claimed is in excess of the statutory limitations, and if the judge or magistrate certifies (by encircling the word certified in the "amount approved/certified" block) that the services were rendered in a case involving extended or complex representation and the excess payment is necessary to provide fair compensation, the claim may be referred to the chief judge of the court of appeals for approval under 18 USC 3006A(d)(3). If approval is granted, the chief judge of the court of appeals will indicate the amount he approves in the "amount approved" block. If approval is not granted, the claim will be paid up to the statutory limit for compensation and whatever expenses were included in the amount certified block.

Name of member of the bar appointed: In the oval s'aped box (designed for window envelope mailing of payee's check) at the bottom of the form, the name of the appointed counsel, his organization, and the address to which payment should be mailed, must be clearly printed or typed. Show the ZIP code. Check the appropriate box to show if counsel is a private attorney or one furnished by an organization. Give counsel's phone number.

COPY

PRIOR TO VOUCHER APPROVAL

Retained by Attorney

3

is being performed

Canary 4 Pink

5 Green

during time service

DISPOSITION

AFTER SERVICE RENDERED & VOUCHER APPROVED
Mailed to Administrative Office by clerk's office
Retained in court's files
Retained by Attorney

Mailed to Administrative Office of the U.S. Courts as soon as appointment made

Filed in court clerk's office as soon as appointment made

24-625 O 74 46

INSTRUCTION TEAR SHEET

Remove before typing form

(Slip Opinion)

NOTE: Where it is deemed desirable, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued. The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader. See United States v. Detroit Lumber Co., 200 U.S. 321, 337.

SUPREME COURT OF THE UNITED STATES

Syllabus

ARGERSINGER v. HAMLIN, SHERIFF

CERTIORARI TO THE SUPREME COURT OF FLORIDA

No. 70-5015. Argued December 6, 1971-Reargued February 28, 1972-Decided June 12, 1972

The right of an indigent defendant in a criminal trial to the assistance of counsel, which is guaranteed by the Sixth Amendment as made applicable to the States by the Fourteenth, Gideon v. Wainwright, 372 U. S. 335, is not governed by the classification of the offense or by whether or not a jury trial is required. No accused may be deprived of his liberty as the result of any criminal prosecution, whether felony or misdemeanor, in which he was denied the assistance of counsel. In this case, the Supreme Court of Florida erred in holding that petitioner, an indigent who was tried for an offense punishable by imprisonment up to six months, a $1,000 fine, or both, and given a 90-day jail sentence, had no right to court-appointed counsel, on the ground that the right extends only to trials "for nonpetty offenses punishable by more than six months imprisonment." Pp. 2-14.

236 So. 2d 442, reversed.

DOUGLAS, J., delivered the opinion of the Court, in which BRENNAN, STEWART, WHITE, MARSHALL, and BLACKMUN, JJ., joined. BRENNAN, J., filed a concurring opinion, in which DOUGLAS and STEWART, JJ., joined. BURGER, C. J., filed an opinion concurring in the result. PoWELL, J., filed an opinion concurring in the result, in which REHNQUIST, J., joined.