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![handle is hein.gao/gaobadkqq0001 and id is 1 raw text is:
I ' ~ ~ .THU COMPTRWLLURR O)WNERAL
OECIBION .OFc TI-l UNITIED UTATMB
C ~WASHINGTON, 00 C.R056-8
FILE: B-207996 DATE; September 28, 1982
MATTER OF;z
Elmer DeRlitter, Jr.-- Leave to Represent
Indigent Defendant
DIGEBT:
An employee of the Veterans Administration
who is licensed as an attorney in New
Jersey, was involuntarily summoned to
represent an indigent defendant, lie may
not be excused from duty since he is not
entitled to court leave and may not be
granted adm.inistrative leave under these
circumstances. See 44 Comp. Gen. 643 (1965).
This decision is Jn response to an inquiry from the
Newark], flew Jersey, Regional Office of the Veterans Ad-
ministration (VA), as to whcther r!n employee assigned to
represent an indigent deforidant may be granted court
leave for that purpose. We hold that an employee in
this situation may not be excused on court leave or ad-
ministrative leave and may be compensated by the Gov-
ernment cly to the extent he has to his credit and
requests a grant of annual lce.,:e.
The employee in question, fir. Elmer DeRitter, Jr.,
is the Loan Guaranty Officer at the New Jersey VA
Regional Office arid is an attorney licensed to practice
law In the State of lNew Jersey. In flew Jersey, in-
digency assignments are selected from a list of liceised
attorneys, and 11r. DeRitter was summoned to represent
an indigent defendant in Iluncipal Court, Borough of
Netcong, Nlew Jersey, on flay 8, 1982. Although bot.
fir. DeRitteL and the Director of the Regional Offic'e
requested that no be relieved of his assignment, they
were Informed that this could dot be done.
The statutory provisions which authorize court
leave, 5 U.S.C..S 6322(a) and (b), petinit a grant of
court leave only when an employee serves on a juty or,
in certain circumstances, acts as a witness. There i.s
no provision for cott leave when an employee is di-
rected to serve as an attorney, fir. DeRitter, thcre-
fore, may not be granted court leave.](ViewImageLocal?handle=hein.gao/gaobadkqq0001&div=1&collection=&method=preview&ext=.png&size=3)