How to get a court appointed attorney in a federal civil forfeiture case

updated 7/18/2014

Federal forfeiture law now allows court-appointed counsel in some federal forfeiture cases

Under the Civil Asset Forfeiture Reform Act of 2000, the court can appoint counsel for indigent forfeiture victims in two situations:

(1) If the forfeiture victim has a court appointed attorney in a pending federal criminal case, the judge may authorize that lawyer to also represent the victim in the parallel forfeiture case.  18 U.S.C. § 983(b)(1)(A).  The requirements are:

• the claimant is financially unable to obtain counsel
• the claimant is represented by an attorney court-appointed under the Criminal Justice Act in a related federal criminal case
• the claimant has "standing" (a legal term meaning a recognized ownership or possessory interest in the property)
• the judge determines the claim is made in good faith
• the forfeiture case is not a Customs case (border crossing or imports) one of the other offenses exempted from CAFRA's reforms, and the case was brought after CAFRA's effective date (August 23, 2000).
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(2) If the property subject to forfeiture is the claimant's primary residence, the judge is required to ensure that the claimant is represented by an attorney for Legal Services Corporation. 18 U.S.C. § 983(b)(2)(A).  The requirements are:

• the claimant is financially unable to obtain counsel
• the claimant has "standing" (a legal term meaning a recognized ownership or possessory interest in the property)
• the forfeiture case is not a Customs case (border crossing or imports) or one of the other offenses exempted from CAFRA's reforms, and the case was brought after CAFRA's effective date (August 23, 2000).
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