United States District Court, D. Nebraska
MEMORANDUM AND ORDER
CHERYL R. ZWART, Magistrate Judge.
Citing 18 U.S.C. § 3006A(f), the government moves for an order directing the defendant to pay some or all of the costs of his representation. (Filing No. 36). Pursuant to this court's CJA Plan:
If, at any time after appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with his or her representation, and the source of the attorney's information is not protected as a privileged communication, counsel shall advise the court.
Criminal Justice Act Plan, (D.C. Neb. 2010).
The government claims the defendant has access to funds to pay for his representation. Specifically, the government states:
1) The defendant initially retained Jon Placke as counsel, and paid him a $2000 retainer;
2) Placke represented the defendant at only one hearing before the attorney-client relationship was terminated;
3) Placke must return the unearned portion of the $2000 retainer received from the defendant; and
4) The funds refunded to the defendant from Placke should be used to pay all
or a portion of defendant's representation by appointed counsel.
(Filing No. 36).
The defendant has filed no opposition to the government's motion. Placke opposes the motion, claiming his retainer was nonrefundable and he owes the defendant nothing. Placke also claims this court lacks jurisdiction to consider the issue. (Filing No. 53).
For the reasons discussed below, the court finds it has jurisdiction to consider the government's motion, but on the evidence before the court, ...