ADMINISlRATIVE OFFICE OF THE UNITED STATES COURTS
THURGOOD MARSHALL FEDERAL JUDICIARY BUILDING
ONE COLUMBUS CIRCLE, N.E.
WASHINGTON, D.C. 20544
BUDGET DIVISION
FACSIMILffi TRANSMITTAL SHEET

PHONE: (202) 502-2150
FAX:
(202) 502-1099
DATE:

TO:

Tuesday, June 23, 2009

Margaret Winter

COMPANY:

American Civil Liberties Union's National Prison Project

WORK:
FAX:

FROM:

Eric Mitchell, Budget Analyst

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Attached is the cover sheet of the Congressional Budget Sunnnary and the extract for the fiscal years' ~009
and 2010 budget request for panel attorney payments.

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The JudiciaryFiscal Year 2009
Congressional Budget Summary

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Courts of Appeals, District Courts and Other Judicial Services
Defender Services
mandated legal representation and other services to persons
fmancially unable to obtain counsel in criminal and related matters
in federal court. The Criminal Justice Act (CJA) provides that
courts shall appoint counsel from federal public and community
defender organizations or from a panel of private attorneys
established by the court. Costs associated with this account are
driven by the number and type of prosecutions brought by United
States Attorneys.

FY 2009 Request
Courts of Appeals, District Courts and Other Judicial
Services, Defender Services

FY 2008 Enacted Appropriation

ErE

$<000>

2,446

$835,601

Emergency Appropriation
FY 2008 Appropriation
Adjustments to Base
Program Inereases:
Increase in panel aUOlney non~capitall'ate
Start-up costs for new federal defender
organizations (2)
New reimbursable positions
FY 2009 Appropriation

$10,500
2,446

$846,101

58

46,784

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Adjustments to Base
An increase of$46.8 million is requested for pay and inflationary

adjustments that will allow the Judiciary to meet its coilstitutional
obligation to provide defense counsel to all eligible persons in fiscal
year 2009. In broad categories, these increases include:

17,545

3

600
378

2,507

$911,408

Budget Summary

The Judicial Conference requests $911.4 million for Defender
Services in fiscal year 2009, a 7.7 percent increase over the fiscal
year 2008 appropriation (which includes $10.5 million in
emergency appropriations). This appropriation is approximately
14.0 percent of the Judiciary's total fiscal year 2009 budget
request. This funding SUpp0l1s the provision of constitutionally-

1. Pay ami benefit adjmwllents, Federal Defender Organizations,

ami Program Administration: $16.7 ",illioll

An increase of $16.7 million will provide for the annualization of
the 2008 federal pay adjustment, an estimated 2.9 percent 2009 pay
adjustment, within-grade increases, changes in benefit rates, and
one less compensable day in fiscal year 2009.
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/._/·'t.~·Pay adjllstments, Pallet Attomeys: $10.1 milli011 ~
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increase of $1 0.1 million will provide for the annualization of
the 2008 cost-of-Iiving adjustments and increases in the hourly rates

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aid to panel attorneys for capital and non-capital representatiOl~'
($170 per hour for capital representations and $1 00 per hour for
.non-capital representations), and for cost-of-living adjustment in
the hourly rates effective on JanualY 1, 2009. The capital rate
would increase to an estimated $174 per hour, and the non-capital
rate would increase to an estimated $102 per h®t.--

5. Other illj1atiollary illcreases: $3.6 milliOl'

An increase of $3.6 million is required for inflationary adjustments
for all non-pay categories, as well as for space rental costs.

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6. Non-recurring costs: ($0.6 million)

3. Increase ilt the nlllnber ofcapital representations/change ill
tl'e non-capital caseload mix: $14.2 million
58 FTE

The requested decrease of $0.6 million is for non-recurring costs
associated with stalt-up costs of two new defender organizations
expected to open in fiscal year 2008.

An increase of$14.2 million (58 PTE) will pl'Ovide for the net.
increase in costs and complexity associated with the 171,500 noncapital representations projected in fiscal year 2009. Increased
complexity related to drugs, fraud, and other criminal cases is
projected to increase non-capital representation costs in fiscal yea!'
2009 by a net $5.7 million. In addition, the Judicialy expects an
increase in capital habeas and capital prosecution costs of
approximately $8.5 million.

7. NOII-,'ecllrrillg flscal year 2008 emergency app,'opriat;oll
ftmdlngfor immigration e'iforcelllellt: ($10.5 "'illIon)

This line item non-recurs the fiscal year 2008 emergency
appropriation of $10.5 million associated with immigl'ation
enforcement.
8. Restorat;OI' ofbase requirements associated witl, i",,,,igratloll
eliforcemellt: $2.0 "'illioll

4. Fllnding IIeeded-to offset loss offlscal year 2008 carry!orwanl
a",olll,ts to ",aintaln fiscal year 2009 level ofrepresentations:
$11.3 ",iliioll

This line item restores $2.0 million to maintain fiscal year 2008
workload associated with immigration enforcement. The Judiciary
anticipates using $2.0 million of the $10.5 million of emergency
funding provided in fiscal year 2008 for workload associated with
increased immigration enforcement.

In fiscal year 2008, the Defendel' Services account will utilize
$11.3 million in unobligated canyforward balances from fiscal
year 2007 to offset recUlTillg fiscal year 2008 appropriation
requirements. At this point, the Judiciary does not anticipate any
savings in fiscal year 2008 to offset fiscal year 2009 requirements.
Consequently, $11.3 million in funding is requested to substitute
direct appropriations for expenses previously funded from
carryforward balances.

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/-';~;~rease the panel attorney non-capital rate to:~~~~:~
$17.5 million

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The request of $17.5 million would fund the costs associated with . /
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increasing the panel attol11ey non-capital rate to $118 per hour,
" . ~ffective January 1,2009.
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~-1O. New Federal Defender Organizations: $0.6 ",illion
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An increase of$600,000 will provide for the stalt-up costs of two
new defender organizations expected to be opened in fiscal year
2009.
3FTE

11. New reimbursable positI01'S: $0.4 million

An increase of$378,000 will fund 6 new reimbursable positions (3
FTE) for six I11onths. These positions will address critical needs in
the areas ofsecurity, training. and CJA Panel and FDO
administration.

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The Judiciary
Fiscal Year 2010
Congressional Budget Summary

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------------~~~~~~Courts of Appeals, District Courts and Other Judicial Services
Defender Services.

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FY 2010 Request
Courts of Appea,
'ct Courts a
Services, Defender Services

FY 2009 Assumed Appropriation
Adjustments to Base

attorneys esui.blished by the court. Costs ass9ciated with this
.account are driven by the number and type of prosecutions brought
by United States At~orneys.

.
ther Judicial

FTE

${QOOl

2,623

$848,971

110

122,805

Adjustments to Base
.

FY 2010 Appropriati0ll:

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An increase of $122.8 million is requested for pay and inflationary
adjustments that will allow the judiciary to meet its constitutional
. obligation to provide defense counsel to all eligible persons in fiscal
year 2010. In broad categorieS, these increases include:

Program Increases:
Increase in panel attorney non-capital rate
(to $142 per hour)
Start-up costs for one new federal defender
orgairization
New reimbursabl~ positions

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1. Pay and benefit adjustments, Federal Defender

10,176

. Organizations, and'Program Administration: $22.9 million
3

300
394

2,736

$982,646

An increase of $22.9 million will provide for the annualization of
the 2009 federal pay adjustment, an estimated 4.2 percent 2010 pay
adjustment, promotions and within~grade increases, and changes in
bene .t-r-ates:---···-····---.-____
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Budget Summary

2. Pay a4juStments,panel attorney., $27.9
The Judicial Conference requests $982.6 million for Defender
Services in fiscal year 2010, a 15.7 percent increase over the fiscal
year 2009 assumed appropriation. This appropriation is
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approximately 14.0 percent of the judiciary's total fiscal year 2010
budget request. This funding supports the provision of
constitutionally-mandated legal representation and other services
to persons financially unable to obtain counsel iii criminal an<)
related matters in federal court. The Criminal Justice Act (CJA)
pro~ides that courts .s~all appoint counsel from federal public and
community defender organizations or from a panel of private

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An increase of $27.9 million will provide for the annualization of
assumed fiscal year 2009 cost-of-living adjustments and increases
in the hourly rates paid to panel attorneys for capital ($175 per
\. hour) and non-capital ($11Q.per hour) representations,liii.afor cost'o',\?f~living adjustment in the hourly rates effective on Jam~ary 1,
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20\0. The capital rate would increase to an estimated $181 per
houi;anQ.!he non-capital rate would increase to an estimated ~14 .
per hour. _ -.~,~~_ __ ~_~__._-.
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3. Annualization of new fiscal yeai' 2009 staff:
$9.3 million
FTE 55
An increase of $9.3 million (55 FfE) 'provides the remaining six
months funding in fis~al year 2010 to annualize 111 positions (55
FTE) Of fis.cal year 2009 staff.

4. Increases in caseload, case complexity and change in caseload
FTE 55
mix: $21.3 million
An increase of $21.3 million (55 FfE) for additional and more
costly panel attorney representations, and additional Federal
Defender Office staff will provide for.the net increase in
representations and increased complexitY associated with the .
201,100 non-capital representations projected in fiscal year 2010
and estimated costs for capital representations. Increased caseload
and complexity related to drugs, fraud, and other criti:Unal cases is
projected to increase non-capital representation costs by $11.9
million (32 FfE). In addition, the judiciary expects an increase in
capital habeas and capital prosecution-costs of approximately $9.4
million (23 FrE).
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6. Other inflationary increases: $3.2 miUion

An increase of $3.2 million is required for inflationary adjustments
for all non:"pay categories, as well as for spa,ce rental costs.

7. Non-recurring costs: ($0.6 milliOl~)
A decrease of $0.6 million is for non-recurring costs associated with
start-up costs of two new qefender organizations expected to open
in fiscal year 2009.
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8. Increase the panel attorney non-capital rate to $J.42...per hou.r:
$10.2 million .
The request of $10.2 mil.lion would fund the costs associated with
increasing the panel attorney non-capital rate to $142 per hour,
-effective January 1, 2010.

5. Funding necessary to maintain fiscal year 2009 service levels
due to an anticipated decline in non-appropriated sources of
funds: $38.8 miUion

An increase of $300,000 will provide for the start~up cost of one
new defender ()rganization expected to be opened in fiscal year
2010.

In fiscal year 2009, the Defender Services account will utilize

10. New reimbursable positions: $0.4 million.

$48.8 million in unobligated carryforward balances from fiscal
year 2008 to offset recurring fiscal year 2009 appropriation
Tp.I'l,lirP.mp.nt~. Tn fiF:cl'Il year 2010. the judiciary expects $10.0
million in non-appropriated funds to be available, a decrease of
$38.8 million from flScal
year 2009. Consequently, $38.8
million
is requested to replace direct appropriations-in order to maintain
fiscal year 2009 service levels in fiscal year 2010.

FTE 3

An increase of $394,000 will fund 6' new reimbursable positions (3.
FfE) for six months. These positions will address critical needs in '
-the areas of security, training, and CJA Panel Attorney and FDQadministration. This is a re-request from fiscal year 2009.

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