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B-204189 1 (1982-07-06)

handle is hein.gao/gaobadklp0001 and id is 1 raw text is: DECISION FILE: B-204189 MATTf!l DIGESTi THU COMPTROLLER GENERAL OF THE UNITEO BTATIS WASHINGTON, D.0, 2054O DATE;i July 6, 1982 OF: District of Columbia Criminal Justice Act-Payment for expert and other services at sentencing The District of Columbia (DC) Criminal Justice Act, DC. Code Anne S 11-2605 (1981), provides funcdng for exert and other services necessary for an adequate defense for eligible defendants. The purpose of the Act io to assure adequate representation of indigent defendants in the Iccal courts at all steges of the proceedings. We construe the statutory phrase an adequate defense to include sentencing. Moreover, the Act plan, which has been implemented as required under D.C. Code An. S 11-2601, as well as the DC Superior Court Criminal Rules contemplate defense of the contents of the presentence report and presentation of mitigating factors, at the time of sentencing. Therefore, we would not object if the Superior Court authorives or approves expert and other services necessary for an adequate de- fense at the time of sentencing, The Chief Judge of the Superior Court of the District of Columbia (DC) asked for our opinion on whether an outside organization which performs services requested by defense counsel in connection with a defendant to be sentenced by the judge may be paid for such as an ex- pert witness at the time of sentencing. District of Columbia Criminal Justice Act, D.C. Code Ann, SS 11-2601 e seq. (1981). The Chief Judge suggests that sentencing is not a part of defense and as such would not fall under expert and other services necessary for an adequate defense under D.C, Code $ 11-2601. lie states that the question in issue appears to be a novel one in the District of Columbia. He further states that he can find no case law either in the District of Columbia or the Federal courts which directly ad- dresses the use of expert witnesses at sentencin9l. For the reasons discussed below, it is our position that if de- sirable, the Superior Court may pay for services necessary to assure the defendant an adequate defense at sentencing. The Superior Court has discretionary authority under the follow- ing provisio(is of the D.C. Code Annotated, to authorize or approve ex- pert and other services necessary for an adequate defenoe of indigent defendants in criminal cases: S 11-2601. Plan for furnishing representation of indigents in criminal cases. I . ~ .e-e-~ ..trr*t.*.n . - . ......... * . -. * - . -.....~ '-.. . .t*.~ . I 1 I11vjj

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