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 (USMS-376A) 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
For additional information,
please contact your local U.S.