07.30.24

Durbin, Collins, Rep. Hank Johnson Reintroduce Bipartisan Bill To Improve Fairness In Criminal Justice System

The Criminal Judicial Administration Act would authorize the U.S. Marshals Service to pay for round-trip travel and subsistence for defendants who cannot afford to pay the costs on their own.

WASHINGTON – U.S. Senate Majority Whip Dick Durbin (D-IL), Chair of the Senate Judiciary Committee, and U.S. Senator Susan Collins (R-ME), along with U.S. Representative Hank Johnson (D-GA-04), Ranking Member of the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet, today reintroduced the Criminal Judicial Administration Act (CJAA), a bipartisan, bicameral bill that would improve fairness in the criminal justice system by facilitating court attendance by out-of-custody indigent federal defendants. The bill would authorize federal courts to direct the United States Marshals Service (USMS) to pay for round-trip travel and subsistence for the limited number of defendants who must attend court hearings, but cannot afford to pay the costs on their own. Currently, the USMS pays only for one-way transportation, leaving some indigent defendants unhoused, hungry, and stranded.

The bill would also authorize U.S. magistrate judges to hear post-conviction motions in cases in which the magistrate was the sentencing judge, instead of the post-conviction motions being assigned to a district court judge who may not be familiar with the case.

“Our bill, the bipartisan, bicameral Criminal Judicial Administration Act, makes a simple but impactful change in the administration of justice within federal courts. For a small annual cost, we can help hundreds of federal defendants, who are presumed innocent, get fair treatment and increase public safety at the same time,” Durbin said.

“Equal justice under the law is one of the fundamental principles of our criminal justice system. Currently, however, a defendant who is presumed innocent but is lacking basic resources may be faced with overwhelming travel costs simply to defend themselves in court,” said Collins. “Our bipartisan bill would strengthen our judicial system by affording judges the discretion to provide defendants who need assistance with the resources they need to attend court proceedings. It would also increase efficiency by allowing federal magistrate judges to rule on post-judgment motions in cases they already presided over. These modest and commonsense changes would help ensure that justice is carried out fairly and effectively.”

“As a former magistrate judge myself, I know magistrates can help our overburdened Article III Courts run more efficiently,”said Johnson. “The Criminal Judicial Administration Act of 2024 will allow magistrate judges to handle more motions in cases they have already ruled on. It will also make a big impact by giving judges the ability to provide indigent defendants with the resources they need to guarantee they attend their court proceedings without leaving some homeless, hungry, and stranded. This will ensure that justice is meted out fairly, even to our poorest citizens.”

U.S. House Democratic Leader Hakeem Jeffries (D-NY-08) is also a cosponsor of the legislation.

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