home *** CD-ROM | disk | FTP | other *** search
- Subject: DEMAREST v. MANSPEAKER, Syllabus
-
-
-
-
- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
-
-
- Syllabus
-
-
-
- DEMAREST v. MANSPEAKER et al.
-
-
- certiorari to the united states court of appeals for the tenth circuit
-
- No. 89-5916. Argued November 6, 1990 -- Decided January 8, 1991
-
- Petitioner Demarest, an inmate in a state correctional facility, testified
- as a witness in a federal criminal trial pursuant to a writ of habeas
- corpus ad testificandum issued by the District Court. In accordance with
- 28 U. S. C. MDRV 1825(a), he requested that respondent clerk of the court
- certify that he was entitled to fees as a "witness . . . in attendance"
- under MDRV 1821. After the request was denied, he filed a petition for a
- writ of mandamus requesting the court to order the clerk to certify the
- fees, which was dismissed on the ground that MDRV 1821 does not authorize
- the payment of witness fees to prisoners. The Court of Appeals affirmed,
- holding that while MDRV 1821's language was unqualified, other evidence
- revealed that Congress did not intend to permit prisoners to receive
- witness fees.
-
- Held: Section 1821 requires payment of witness fees to a convicted state
- prisoner who testifies at a federal trial pursuant to a writ of habeas
- corpus ad testificandum. The statute's terms make virtually inescapable
- the conclusion that a "witness in attendance at any court of the United
- States" under MDRV 1821(a)(1) includes prisoners unless they are otherwise
- excepted in the statute. That Congress was thinking about incarcerated
- persons when it drafted the statute is shown by the fact that subsection
- (d)(1) excluded incarcerated witnesses from eligibility for sub sistence
- payments and subsection (e) expressly excepted another class of
- incarcerated witnesses -- detained aliens -- from any eligibility for fees.
- The Government's argument that the language of MDRV 1825(a) -- which
- requires that fees be paid to defense witnesses "appearing pursuant to
- subpoenas issued upon approval of the court" -- modifies the "in
- attendance" at court language of MDRV 1821(a)(1) to exclude prisoners
- because they are "produced" under a writ of habeas corpus ad testificandum
- is rejected. That reading is inconsistent with the Government's concession
- that fees are routinely paid to defense witnesses appearing by verbal
- agreement among the parties and with Hurtado v. United States, 410 U. S.
- 578, which upheld the right to fees of material witnesses who, rather than
- being subpoenaed, were detained under former Federal Rule of Criminal
- Procedure 46(b). If these are exceptions to the Government's concept of
- "in attendance," then that concept means no more than "summoned by a means
- other than a writ of habeas corpus ad testificandum." Such a view is not
- supported by the statutory language and would lead to the anomaly that
- prisoners summoned to testify for the Government would receive fees --
- since MDRV 1825(a) does not require them to appear personally by subpoena
- -- while witnesses summoned by the defendant would not. In reaching its
- decision, the Court of Appeals mistakenly relied on longstanding
- administrative construction of the statute and other Courts of Appeals'
- decisions denying attendance fees to prisoners, followed by congressional
- revision of the statute. Administrative interpretation of a statute
- contrary to the statute's plain language is not entitled to deference, and
- where the law is plain, subsequent re-enactment does not constitute
- adoption of a previous administrative construction. This case does not
- present a rare and exceptional circumstance where the application of the
- statute as written will produce a result demonstrably at odds with its
- drafters' intentions. While there may be good reasons to deny fees to
- prisoners, who are seldom gainfully employed and therefore do not suffer
- the loss of income for attendance that many other witnesses do, the same
- can be said of children and retired persons, who are clearly entitled to
- fees. This Court declines to consider the Government's argument that
- defects in Demarest's petition constitute an independent basis for the
- clerk's decision to withhold certification, since it was not raised in the
- courts below. Pp. 2-6.
-
- 884 F. 2d 1343, reversed.
-
- Rehnquist, C. J., delivered the opinion for a unanimous Court.
- ------------------------------------------------------------------------------