18 U.S.C. § 4109

Right to counsel, appointment of counsel

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(a) In proceedings to verify consent of an offender for transfer, the offender shall have the right to advice of counsel. If the offender is financially unable to obtain counsel—(1) counsel for proceedings conducted under section 4107 shall be appointed in accordance with section 3006A of this title. Such appointment shall be considered an appointment in a misdemeanor case for purposes of compensation under the Act; 11 So in original. Probably should be “section 3006A of this title;”. See 1990 Amendment note below.(2) counsel for proceedings conducted under section 4108 shall be appointed by the verifying officer pursuant to such regulations as may be prescribed by the Director of the Administrative Office of the United States Courts. The Secretary of State shall make payments of fees and expenses of the appointed counsel, in amounts approved by the verifying officer, which shall not exceed the amounts authorized under section 3006A of this title for representation in a misdemeanor case. Payment in excess of the maximum amount authorized may be made for extended or complex representation whenever the verifying officer certifies that the amount of the excess payment is necessary to provide fair compensation, and the payment is approved by the chief judge of the United States court of appeals for the appropriate circuit. Counsel from other agencies in any branch of the Government may be appointed: Provided, That in such cases the Secretary of State shall pay counsel directly, or reimburse the employing agency for travel and transportation expenses. Notwithstanding section 3324(a) and (b) of title 31, the Secretary may make advance payments of travel and transportation expenses to counsel appointed under this subsection.(b) Guardians ad litem appointed by the verifying officer under section 4100 of this title to represent offenders who are financially unable to provide for compensation and travel expenses of the guardian ad litem shall be compensated and reimbursed under subsection (a)(1) of this section.(c) The offender shall have the right to advice of counsel in proceedings before the United States Parole Commission under section 4106A of this title and in an appeal from a determination of such Commission under such section. If the offender is financially unable to obtain counsel, counsel for such proceedings and appeal shall be appointed under section 3006A of this title.(Added Pub. L. 95–144, § 1, Oct. 28, 1977, 91 Stat. 1218; amended Pub. L. 97–258, § 3(e)(2), Sept. 13, 1982, 96 Stat. 1064; Pub. L. 100–690, title VII, § 7101(d), Nov. 18, 1988, 102 Stat. 4416; Pub. L. 101–647, title XXXV, § 3598, Nov. 29, 1990, 104 Stat. 4931.)Editorial NotesAmendments

1990—Subsec. (a). Pub. L. 101–647 substituted “section 3006A of this title” for “the Criminal Justice Act (18 U.S.C. 3006A)” in par. (1) and for “the Criminal Justice Act (18 U.S.C. 3006(a))” in par. (2).

1988—Pub. L. 100–690 designated existing provisions as subsec. (a) and added subsecs. (b) and (c).

1982—Par. (2). Pub. L. 97–258 substituted “section 3324(a) and (b) of title 31” for “section 3648 of the Revised Statutes as amended (31 U.S.C. 529)”.

Notes of Decisions

Cited in 4 cases, 1980–2015 · leading case: Mallard v. United States Dist. Court for S. Dist. of Iowa, 490 U.S. 296 (1989).

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Mallard v. United States Dist. Court for S. Dist. of Iowa, 490 U.S. 296 (1989). · cites it 4× “§ 3503 (c) (assign; criminal defendant at deposition to preserve testimony); 18 U. S. C. § 4109 (appoint; proceeding to verify offender's consent to transfer to or from United States); 25 U.”

George Jerome Pfeifer v. United States Bureau of Prisons, 615 F.2d 873 (9th Cir. 1980). “18 U.S.C. § 4109 . An offender’s consent to be transferred pursuant to the Treaty is a constitutionally valid waiver of any constitutional rights he or she might have regarding his or her conviction.”

Bothwell v. Repub. Tobacco Co., 912 F. Supp. 1221 (D. Neb. 1995). “§ 3503 (c); 18 U.S.C. § 4109 ; 25 U.S.C. § 1912 (b); 42 U.”

United States v. Pfeifer, 121 F. Supp. 3d 1255 (M.D. Ala. 2015). · cites it 2× “§ 5034 is not eligible for compensation under the CJA; it also states that a guardian ad litem appointed to verify consent of an incompetent prisoner to transfer from the United States to a foreign country under 18 U.S.C. § 4109 (b) is eligible for compensation under the CJA.”

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