BAZELON, Chief Judge, District of Columbia Circuit.
Before me are applications for excess compensation requiring my approval under the Criminal Justice Act, 18 U.S.C. § 3006A(d). Although I agree with the District Court that each of these attorneys rendered highly competent and valuable services, I am constrained to return these applications without my approval.
Two of the applications list 400 and 450 hours respectively as "out of court" time without specifying how the time was spent. Although I entertain no doubt that such time was expended on the case, I cannot properly discharge my responsibilities under the Act on the basis of this scant data. See People v. Perry, 27 A.D.2d 154, 278 N.Y.S.2d 323 (App.Div.1967) (Botein and Bedlock, JJ.).
Two of the applications seek compensation for services rendered by attorneys other than the one appointed by the District Court. The application in Bennett shows that a large portion of the work was performed by other members of appointed counsel's firm. In Naples, an application was filed on behalf of the law firm itself and there is nothing to indicate how much time appointed counsel himself devoted to the case.
I solicited the view of the Judicial Conference Committee to Implement the Criminal Justice Act as to whether appointed counsel could properly claim compensation for work done by his associates and received the following report:
The Committee was unanimously of the view that appointed counsel alone can file a claim and can file a claim only in his own behalf. The view was expressed that undoubtedly in a busy law office appointed counsel may call upon juniors in his firm for assistance but that the Act does not provide for payment of services to anyone other than those appointed by the court pursuant to the Criminal Justice Act.