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18 U.S. Code § 3006A. Adequate representation of defendants
(a)Choice of Plan.—Each United States district court, with the approval of the judicial council of the circuit, shall place in operation throughout the district a plan for furnishing representation for any person financially unable to obtain adequate representation in accordance with this section. Representation under each plan shall include counsel and investigative, expert, and other services necessary for adequate representation. Each plan shall provide the following:
(1) Representation shall be provided for any financially eligible person who—
(A)
is charged with a felony or a Class A misdemeanor;
(B)
is a juvenile alleged to have committed an act of juvenile delinquency as defined in section 5031 of this title;
(C)
is charged with a violation of probation;
(D)
is under arrest, when such representation is required by law;
(E)
is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release;
(F)
is subject to a mental condition hearing under chapter 313 of this title;
(G)
is in custody as a material witness;
(H)
is entitled to appointment of counsel under the sixth amendment to the Constitution;
(I)
faces loss of liberty in a case, and Federal law requires the appointment of counsel; or
(J)
is entitled to the appointment of counsel under section 4109 of this title.
(2) Whenever the United States magistrate judge or the court determines that the interests of justice so require, representation may be provided for any financially eligible person who—
(A)
is charged with a Class B or C misdemeanor, or an infraction for which a sentence to confinement is authorized; or
(B)
is seeking relief under section 2241, 2254, or 2255 of title 28.
(3) Private attorneys shall be appointed in a substantial proportion of the cases. Each plan may include, in addition to the provisions for private attorneys, either of the following or both:
(A)
Attorneys furnished by a bar association or a legal aid agency,
(B)
Attorneys furnished by a defender organization established in accordance with the provisions of subsection (g).
Prior to approving the plan for a district, the judicial council of the circuit shall supplement the plan with provisions for representation on appeal. The district court may modify the plan at any time with the approval of the judicial council of the circuit. It shall modify the plan when directed by the judicial council of the circuit. The district court shall notify the Administrative Office of the United States Courts of any modification of its plan.
(b)Appointment of Counsel.—
Counsel furnishing representation under the plan shall be selected from a panel of attorneys designated or approved by the court, or from a bar association, legal aid agency, or defender organization furnishing representation pursuant to the plan. In every case in which a person entitled to representation under a plan approved under subsection (a) appears without counsel, the United States magistrate judge or the court shall advise the person that he has the right to be represented by counsel and that counsel will be appointed to represent him if he is financially unable to obtain counsel. Unless the person waives representation by counsel, the United States magistrate judge or the court, if satisfied after appropriate inquiry that the person is financially unable to obtain counsel, shall appoint counsel to represent him. Such appointment may be made retroactive to include any representation furnished pursuant to the plan prior to appointment. The United States magistrate judge or the court shall appoint separate counsel for persons having interests that cannot properly be represented by the same counsel, or when other good cause is shown.