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§ 4109. Right to counsel, appointment of counsel
(a) In proceedings to verify consent of an offender for
transfer, the offender shall have the right to advice of
counsel. If the offender is financially unable to obtain
counsel—
(1) counsel for proceedings conducted under section 4107
shall be appointed in accordance with section 3006A of
this title. Such appointment shall be considered an
appointment in a misdemeanor case for purposes of
compensation under the Act; [1]
(2) counsel for proceedings conducted under section 4108
shall be appointed by the verifying officer pursuant to
such regulations as may be prescribed by the Director of
the Administrative Office of the United States Courts.
The Secretary of State shall make payments of fees and
expenses of the appointed counsel, in amounts approved
by the verifying officer, which shall not exceed the
amounts authorized under section 3006A of this title for
representation in a misdemeanor case. Payment in excess
of the maximum amount authorized may be made for
extended or complex representation whenever the
verifying officer certifies that the amount of the
excess payment is necessary to provide fair
compensation, and the payment is approved by the chief
judge of the United States court of appeals for the
appropriate circuit. Counsel from other agencies in any
branch of the Government may be appointed: Provided,
That in such cases the Secretary of State shall pay
counsel directly, or reimburse the employing agency for
travel and transportation expenses. Notwithstanding
section 3324 (a) and (b) of title 31, the Secretary may
make advance payments of travel and transportation
expenses to counsel appointed under this subsection.
(b) Guardians ad litem appointed by the verifying
officer under section 4100 of this title to represent
offenders who are financially unable to provide for
compensation and travel expenses of the guardian ad
litem shall be compensated and reimbursed under
subsection (a)(1) of this section.
(c) The offender shall have the right to advice of
counsel in proceedings before the United States Parole
Commission under section 4106A of this title and in an
appeal from a determination of such Commission under
such section. If the offender is financially unable to
obtain counsel, counsel for such proceedings and appeal
shall be appointed under section 3006A of this title. |