About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-139703 1 (1980-03-21)

handle is hein.gao/gaobadicm0001 and id is 1 raw text is: `<HE COMPTROLLER GENERAL OF TWE UNJTED STATES ' WASHINGTON, .C. 20548 iAl 6-tch' 05' FILE: B-139703 DATE: March 21, 1980 MATTER OF: Payment of court-appointed expert witness--criminal proceeding DIGEST: Compensation of expert witnesses, appointed by the Court under Rule 706, Federal Rules of Evidence (Pub. L. No. 93-595), in criminal proceedings is payable from Justice Department appropriations, as a litigation expense. The Director, Administrative Office of the United State Courts (Administrativ Office), has requested our decision on theroper source of funds for payment of a $24, 200 fee of Mr. Reynolds Couch. Mr. Couch wa appointed by th6 court under Rule 706, Federal Rules of Evidence (FRE) (Pub. L. No. 93-595, 88 Stat. 1938), to make an appraisal of 15 properties subject to forfeiture under the provisions of 18 U.S.C. §§ 1961-1968 (1976) in a criminal proceeding, United States v. Thevis (No. CR78-180 A, N.D. Ga.). For reasons set forth below, we conclide that Department of Justice appropriations should be used for such payment. Mr. Couch was appointed in June, 1978, by the Honorable Charles A. Moye, United States District Judge for the Northern District of Georgia, to make an appraisal for the court of various properties subject to forfeiture in the above-named criminal pro- secution. 18 U.S. C. 5 1963. A voucher for the appraisal services, totalling $24, 200 was approved by the court and submitted to the Administrative Office for payment. However, payment was de- layed because the Administrative Office and the Department of Justice (Justice) disagreed over which agency should make pay- ment. To resolve this difference, the Administrative Office qu et this decision. Subsequently, the District Court for the Northern District of Georgia issued an order reciting that Mr. Couch was appointed pur- suant to Rule 706 and directing Justice to pay the fee. In order to expedite payment to Mr. Couch, Justice and the Administrative Office reached an agreement under which (1) Justice paid the $24, 200 fee and (2) the Administrative Office will reimburse Justice if it should be decided that Judiciary appropriations should have been used.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most