28 U.S.C. § 292
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| 28 U.S.C. § 292 | |
|---|---|
| Name | 28 U.S.C. § 292 |
| Jurisdiction | United States |
| Statute type | Federal statute |
| Title | Title 28, United States Code |
| Section | 292 |
| Enacted by | United States Congress |
| Year enacted | 1948 (codified) |
28 U.S.C. § 292 is a provision in Title 28 of the United States Code that governs appointment, compensation, and duties of attorneys appointed in certain federal proceedings, and contains specific authorization for reimbursement and related administrative details. It has been cited in contexts involving federal litigation, administrative adjudication, bankruptcy, and criminal restitution, and interacts with statutes, rules, and executive orders administered by federal courts and agencies.
Text of the Statute
The statutory text prescribes procedures for appointment, allowances, and compensation for attorneys and counsel in matters arising under federal law, and addresses payment from appropriated funds, approval by courts, and related accounting. The provision cross-references other provisions of Title 28 of the United States Code, incorporates standards reflected in the Judiciary Act of 1789 lineage, and aligns with rules promulgated under the Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, and Federal Rules of Appellate Procedure where applicable.
Legislative History
Congress enacted the early progenitors of this provision during post-World War II codification efforts that produced the 1948 edition of the United States Code; amendments have followed through enactments by successive sessions of the United States Congress, influenced by hearings before House and Senate committees, including the Senate Judiciary Committee and the House Judiciary Committee. Legislative changes and appropriations riders reflecting practices from the Office of Management and Budget and the Department of Justice have shaped language governing allowances, while notable statutory reforms during the administrations of Presidents such as Harry S. Truman, Dwight D. Eisenhower, and later executives prompted clarifications incorporated into committee reports and public laws.
Scope and Application
The section applies to appointments made by federal judges, magistrate judges, and certain administrative officers in proceedings involving federal agencies like the Securities and Exchange Commission, the Federal Trade Commission, and the Social Security Administration when federal statutes provide for attorney allowances. It governs compensation mechanisms that may interact with appropriations from the United States Treasury, oversight by the Government Accountability Office, and payment processes coordinated with the Administrative Office of the United States Courts. Application extends to ancillary matters in litigation before the United States Supreme Court, the United States Courts of Appeals, and the United States District Courts.
Key Provisions and Requirements
Key textual features require court or agency approval for payment of attorneys appointed under the statute, specify limits or standards for allowances, and mandate documentation and vouchers consistent with federal fiscal law administered by the Treasury Department and audited by the Inspector General of the Department of Justice where relevant. The provision interacts with statutory authorities such as the Criminal Justice Act framework, the Equal Access to Justice Act, and fee-shifting provisions in statutes like the Civil Rights Act of 1964 and later civil remedial statutes, requiring coordination when multiple authorities could govern counsel compensation. It also contemplates remedying conflicts between statutory fee provisions and appropriations statutes enacted by Congress.
Judicial Interpretation and Case Law
Federal courts have interpreted the statute in decisions from panels of the United States Courts of Appeals and opinions of district courts, with occasional certiorari consideration by the United States Supreme Court. Case law addresses standards for approving allowances, conflicts with fee-shifting statutes adjudicated in precedents that cite doctrines from landmark cases involving counsel fees, and application in contexts such as bankruptcy proceedings under the Bankruptcy Code, administrative enforcement actions involving the Environmental Protection Agency, and restitution matters in federal criminal cases. Courts have considered principles from influential decisions on statutory construction originating in opinions associated with jurists from the Supreme Court of the United States and influential circuit judges.
Practical Impact and Enforcement
In practice, the section shapes how appointed counsel are compensated in federal matters, affecting law firms, solo practitioners, public defender organizations like the Federal Public Defender Program, and private counsel representing indigent litigants or victims entitled to allowances. Enforcement involves judicial approval, administrative disbursement by the Administrative Office of the United States Courts, and fiscal oversight by the Department of the Treasury and appropriations committees of the United States Congress. The statute’s operation influences litigation strategy in cases before tribunals such as the United States Tax Court, United States Court of Federal Claims, and military appellate bodies like the United States Court of Appeals for the Armed Forces, where counsel compensation rules may intersect with this statutory authority.