Page:United States Statutes at Large Volume 100 Part 5.djvu/172

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PUBLIC LAW 99-000—MMMM. DD, 1986

100 STAT. 3646 28 USC 2255.

18 USC 3006A note.

eiaims.

PUBLIC LAW 99-651—NOV. 14, 1986

"(b) In proceedings in forma pauperis for a writ of habeas corpus, and in proceedings in forma pauperis under section 2255 of this title, the United States marshal for the district shall pay, on the certificate of the district judge, all fees of witnesses for the party authorized to proceed in forma pauperis, except that any fees of witnesses for such party, other than experts, appearing pursuant to subpoenas issued upon approval of the court, shall be paid by the United States marshal for the district— "(1) on the certificate of a Federal public defender or assistant I Federal public defender, in any such proceedings in which a party is represented by such Federal public defender or assistant Federal public defender, and "(2) on the certificate of the clerk of the court upon the 0 affidavit of such witnesses' attendance given by other counsel appointed pursuant to section 3006A of title 18, in any such proceedings in which a party is represented by such other counsel. "(c) Fees and mileage need not be tendered to a witness upon service of a subpoena issued on behalf of the United States or an officer or agency of the United States, upon service of a subpoena issued on behalf of a defendant represented by a Federal public defender, assistant Federal public defender, or other attorney appointed pursuant to section 3006A of title 18, or upon service of a subpoena issued on behalf of a party authorized to proceed in forma pauperis, if the payment of such fees and mileage is to be made by the United States marshal under this section.". SEC. 105. EFFECTIVE DATE.

This title and the amendments made by this title shall take effect one hundred and twenty days after the date of enactment of this Act. The maximum hourly rates provided in section 3006A(d)(l) of title 18, United States Code, as amended by section 102(a)(3)(A) of this Act, shall apply only to services performed on or after the effective date of this title. The maximum allowed for compensation for a case, as provided in section 3006A(d)(2) of title 18, United States Code, as amended by section 102(a)(3)(B) of this Act, shall apply only to compensation claims in which some portion of the claim is for services performed on or after the effective date of this title. The maximum compensation allowed pursuant to section 3006A(e) of title 18, United States Code, as amended by subparagraphs (B) and (C) of section 102(a)(4) of this Act, shall apply only to services obtained on or after the effective date of this title. TITLE II—RECALL OF CERTAIN JUDICIAL OFFICERS. I SEC. 201. RECALL OF CERTAIN RETIRED JUDICIAL OFFICERS.

(a) MAGISTRATES.—(1) Section 631(d) of title 28, United States Code, is amended— I (A) by striking out "No" and inserting in lieu thereof "Except < as otherwise provided in sections 375 and 636(h) of this title, i no"; (B) by striking out "the unanimous" and inserting in lieu JIIJ f thereof "a majority"; and

(C) by inserting after "courts," the following: "which is taken upon the magistrate's attaining age seventy and upon each f-x ^subsequent anniversary thereof,'..,,..,^..-^ --