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Chapter 2, § 210: Appointment of Counsel

Guide to Judiciary Policy, Vol 7 Defender Services, Part B International Prisoner Transfer Proceedings, Chapter 2: Appointment of Counsel and Guardians Ad Litem

§ 210 Appointment of Counsel

(a) United States citizens incarcerated abroad and foreign nationals incarcerated within the United States who seek an international prisoner transfer have the right to the advice of counsel. Additionally, an offender who is financially unable to obtain an attorney has the right to the appointment of counsel in proceedings to verify consent to transfer. See: 18 U.S.C. § 4109(a). Appointed counsel must advise and assist offenders prior to and during the proceedings.

(b) Offenders who seek a transfer have the right to the advice of counsel in proceedings before the United States Parole Commission, and in an appeal from a determination by this Commission. See: 18 U.S.C. §§ 4106A and 4109(c). Financially eligible offenders are entitled to the appointment of counsel for such proceedings, under 18 U.S.C. § 3006A.

Last substantive revision (Transmittal GR-17) January 20, 2010
Last revised (minor technical changes) July 6, 2016