The provision of appointed counsel for qualifying defendants in the federal system is governed by the Criminal Justice Act ("CJA"), 18 U.S.C. § 3006A. The Central District of California has a plan for the administration of services under the CJA, available on its webpage, www.cacd.uscourts.gov.
Under the CJA, mandatory 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 title 18, United States Code;
- c.
- is charged with violation of probation, or faces a change of a term or condition of probation (unless the modification sought is favorable to the probationer and the government has not objected to the proposed change);
- d.
- is under arrest, when such representation is required by law;
- e.
- is entitled to appointment of counsel in parole proceedings;
- f.
- is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release;
- g.
- is subject to a mental condition hearing under chapter 313 of title 18, United States Code;
- h.
- is in custody as a material witness;
- i.
- is seeking to set aside or vacate a death sentence under sections 2254 or 2255 of title 28, United States Code;
- j.
- is entitled to appointment of counsel in verification of consent proceedings pursuant to a transfer of an offender to or from the United States for the execution of a penal sentence under section 4109 of title 18, United States Code;
- k.
- is entitled to appointment of counsel under the Sixth Amendment to the Constitution; or
- l.
- faces loss of liberty in a case and federal law requires the appointment of counsel.
For more information about appointment of counsel, please search this site or consult the Frequently Asked Questions ("FAQs").