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H.R. 10379

BillFederalHouseIn Committee
To establish a Federal Public Defender Commission, and for other purposes.
About This Bill
Committee
Latest Action · December 12, 2024
Referred to the House Committee on the Judiciary.
Congress
118th (2023–2025)
Introduced
December 12, 2024
Cosponsors (1)
0D 1R
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Summary

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# Summary The Federal Public Defense Commission Act of 2024 establishes a new independent commission within the federal judiciary to oversee and improve public defense services for low-income defendants in federal criminal cases. The bill creates a three-tier governance structure: an Executive Board with seven appointed members plus leadership from an Advisory Board and an Executive Director, an Advisory Board with representatives from each federal judicial circuit, and Circuit Boards for each federal judicial circuit. The Executive Board will have broad authority to establish Federal Public Defender Offices in each district, set compensation and staffing levels, establish defense standards, and oversee the delivery of legal representation and support services like investigators and expert witnesses. The legislation expands the right to appointed counsel in federal cases to cover felonies, serious misdemeanors, probation violations, mental health hearings, appeals, and any case involving potential loss of liberty, with optional appointment available in additional circumstances. It requires courts to determine financial eligibility early in proceedings and allows judges to later terminate counsel if defendants become able to pay. The bill mandates that appointed counsel be provided through either Federal Public Defender Offices or private panel attorneys and must include all necessary investigative and expert services for adequate representation. The Executive Board Chair and Vice Chair will be full-time positions compensated at the level of federal appeals court judges, while other Board members serve part-time. The bill requires the Chief Justice to appoint initial Executive Board members within one year of enactment, with the Commission's Executive Director appointed by the Board. Existing Federal Public Defender Offices and Community Defender Organizations can continue operating and transition under the new structure. The legislation authorizes necessary appropriations but does not specify an amount, and requires the Executive Board to submit annual reports to Congress on the Commission's operations and a comprehensive review every seven years.

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