§4109 Right to counsel, appointment of counsel

Summary

Offenders have the right to get legal advice when their consent for transfer is being checked. If they cannot afford a lawyer, one must be provided. For proceedings under section 4107, counsel is appointed under section 3006A and counted as a misdemeanor appointment for pay rules. For proceedings under section 4108, the verifying officer appoints counsel under rules set by the Director of the Administrative Office of the United States Courts. The Secretary of State pays fees and travel, up to the maximum in section 3006A for a misdemeanor. Higher pay can be approved if the verifying officer certifies it and the chief judge of the proper U.S. court of appeals agrees. Guardians ad litem under section 4100 are paid the same way. Offenders also have the right to counsel in proceedings and appeals before the United States Parole Commission under section 4106A; if they cannot pay, counsel is appointed under section 3006A. The Secretary may make advance travel payments despite sections 3324(a) and (b) of title 31.