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4th Cir.: New CJA plan that provides for explanation of denied fees satisfies due process and retroactive application to fees is not constituitonally required

By John Wesley Hall, Jr.

Fourth Circuit holds in an unpublished opinion that denial or trimming of fees under the Criminal Justice Act (18 U.S.C. § 3006A) prospectively has safeguards for an explanation of why and that satisfies due process. Retroactive application of the standards to prior fee requests not required. Rosenfield v. Wilkins, 06-2182 (4th Cir. May 28, 2008) (unpublished): The CJA is silent, however, regarding the availability of judicial review of the compensation fixed by the courts hearing from CJA-appointed counsel. In particular, the CJA does not describe any avenues available to an appointed attorney who receives a compensation award that is less than the amount requested in the attorney’s filing and sworn statement. Within the broad framework it establishes, the CJA requires each federal district court, with the approval of the judicial council of the circuit, to adopt a plan for courts for the creation and maintenance of a plan...continue to full post

Full post as published by Law Of Criminal Defense on June 02, 2008 (boomark / email).