§4109 Right to Counsel, Appointment of Counsel

Summary

Offenders must be allowed to get help from a lawyer when officials check whether they agreed to a transfer. If the offender cannot pay, different rules apply depending on the hearing. For hearings under section 4107, a lawyer will be assigned under section 3006A and paid like a misdemeanor case. For hearings under section 4108, the verifying official assigns the lawyer under rules from the Administrative Office of the U.S. Courts, and the Secretary of State pays fees and travel up to the section 3006A misdemeanor rate. Bigger payments can be approved for long or complex cases if certified by the verifying official and approved by the chief judge of the correct U.S. court of appeals. Lawyers from other government agencies can be used, with the Secretary of State paying or reimbursing travel, and the Secretary may make advance travel payments despite 31 U.S.C. 3324(a) and (b). Guardians ad litem assigned under section 4100 get paid and reimbursed the same way as under the 4107 rule. Offenders also have a right to a lawyer in proceedings and appeals before the U.S. Parole Commission under section 4106A; if they cannot pay, a lawyer will be appointed under section 3006A.