Public Defender's Handbook

On May 18, 1995, a joint memorandum issued by the Director, Executive Office of U.S. Attorneys, and the Director, U.S. Marshals Service (USMS) revised Fact Witness Procedures to be followed by both agencies. In this memorandum, the U.S. Marshals agreed to assume responsibility and serve as the focal point for assisting the Public Defender or court-appointed attorneys with witness reimbursement issues. Provisions of the Criminal Code provide the Fees and Expenses of Witnesses Appropriation (FEW) for witness payments for Public Defender and court appointed attorneys.

This information is in response to numerous requests for materials and guidance on Criminal Justice Act (CJA)/Public Defender witnesses and what the USMS can, and cannot, pay.

These guidelines apply only to Fact Witnesses and do not apply to expert witnesses and fees for psychiatric examinations or testimony. If other defense services are required, they are approved by the presiding judge or magistrate pursuant to guidelines of the Administrative Office of the U.S. Courts.

Signature cards (SF-210) of all Assistant Public Defenders must be certified by the Public Defender and be on file with the USMS. A Government employee must be designated to authorize witness vouchers (Form OBD-3).

For additional information, please contact your local U.S. Marshal’s office.