Congressional Budget Summary Re Cja Rates 2009
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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 I ~"l· ~: .•".:" .::.. . :" ... ' : =: I?~~::·;:;·,-:·:~<:" . >;,:: . ;.:";. -:; i...--_ _-..,.---:- ::-----::-- _ 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. £000/1 000 ~ XV~ 61:61 6006/f:6/90 _.-- ... - - - - .- - - .- The JudiciaryFiscal Year 2009 Congressional Budget Summary ,.,.,~ ,. _ ~ ""', '."'-· ·; ~ ~ · . ...,_ ~~_._~";l' ·""~ ·"' .. 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 .~ 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. -.. .... .. ... _.. _._-- ... /._/·'t.~·Pay adjllstments, Pallet Attomeys: $10.1 milli011 ~ -.-.~-,.-",---- ~ . '. j~ _ ~ ~ _._~-_._----------- n increase of $1 0.1 million will provide for the annualization of the 2008 cost-of-Iiving adjustments and increases in the hourly rates ( •. ~~::::> I!§ll o o >l>o ...... o o o C» ~-- ~--..--....... -........-.--.. . ........ 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. --...._--_.....__._----..,....._----. _-------_...-.~_.... 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. I!§iI o o dO . . . --_. ProgI'lJJn,Incl'eases~'~~-'~- ----.~-'''-_._-.~-:_::=_~-- / \ /-';~;~rease the panel attorney non-capital rate to:~~~~:~ $17.5 million - "\ The request of $17.5 million would fund the costs associated with . / ~ increasing the panel attol11ey non-capital rate to $118 per hour, " . ~ffective January 1,2009. /,/ .......... ,.".-.. --., ..•. _ , - ,.._,,... ~-1O. New Federal Defender Organizations: $0.6 ",illion '" " ""_ , 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. 41 [§I o o C) ...... o o o C) ii;-·· _-.ii_-'- ~r- ····:·w.·.... ". "."." . "•....• ",._ ..... . _.w·· P" • . -- ... _~ ....... _..-_ .... ........... ~ C':l o o o ...... C':l o o I§i The Judiciary Fiscal Year 2010 Congressional Budget Summary ~ ------------~~~~~~Courts of Appeals, District Courts and Other Judicial Services Defender Services. .. Il>o 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: . 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 o 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:---···-····---.-____ - . . . ----- ,. 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 . 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 m~ -.,,_. 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, / 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. _ -.~,~~_ __ ~_~__._-. :._-.-~-- iE!iI o o N 43 ...... o o o C) 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). - 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. . -.... 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. i&I o o c.. ...... o o o Cl