Demarest v. Manspeaker

Background

A convicted state prisoner, Richard Demarest, was taken from a Colorado prison by federal marshals to testify as a defense witness in a federal criminal trial. He testified on the eighth day of an eleven-day trial and stayed in federal custody the whole time. Afterward he asked the district court clerk to certify payment for eight days of availability and two days of travel under the federal witness-fee law. The United States attorney denied certification; the district court and the Court of Appeals agreed that prisoners were not entitled to the fees, and Demarest asked the Supreme Court to decide the question.

Reasoning

The Court examined the text of 28 U.S.C. § 1821 and related provisions. The statute plainly says a "witness in attendance" should be paid an attendance fee and travel time. The Court noted other subsections exclude only certain classes (for example, incarcerated persons for subsistence and certain detained aliens), which shows Congress considered incarceration when drafting the law. The Court rejected the argument that a prisoner produced by a writ is categorically excluded because he was not summoned by subpoena. It also declined to defer to an administrative practice that had denied prisoner fees. Relying on the statute’s plain language and past decisions about detained witnesses, the Court concluded the law covers prisoners unless the statute expressly excepts them, and it reversed the Court of Appeals.

Real world impact

Prisoners brought to federal court to testify will be entitled to the statutorily provided attendance and travel fees. Court clerks and marshals must process certifications and payments where appropriate. The decision overturns a prior administrative practice and affects how inmate witnesses are compensated going forward.