In Re the Matter of Attorney's Fees and Expenses of Appointed Counsel, Nancy Ann Baker, United States of America v. Anita J. Walton

This is an appeal from an award of compensation and expenses under the provisions of the Criminal Justice Act, 18 U.S.C. § 3006A (1976) (“CJA”). Nancy Ann Baker was appointed to represent defendant Anita Walton on two felony charges tried in the District Court for the Northern District of California. Baker submitted a voucher to the district court requesting $57,468.86 in compensation and reimbursement for expenses. The district judge certified payment of $35,568.86, and that amount was approved by the chief judge of this circuit. Baker appeals the district court’s order certifying less than the amount requested. She contends that the payment to her is substantially and unjustifiably less than the amounts approved for other court appointed counsel in the same case.

The threshold issue is whether the district court’s order is appealable. We view the question as an open one even though this court in United States v. Barger, 672 F.2d 772 (9th Cir.1982), entertained an analogous appeal of a district court’s refusal to certify payment of investigator’s expenses under the CJA. There, however, the parties did not question the appealability of the order, and jurisdiction was simply…