COALITION PROVISIONAL AUTHORITY ORDER NUMBER 53
PUBLIC DEFENDER FEES
Pursuant to my authority as Administrator of the Coalition Provisional Authority (CPA),
and under the laws and usages of war, and consistent with relevant U.N. Security Council
resolutions, including Resolutions 1483 and 1511 (2003),
Recognizing the fundamental human right and indispensability to justice of representation
at court by competent criminal defense counsel, as reflected in CPA Memorandum No. 3,
Recognizing further the necessity of adequate compensation to procure such counsel,
I hereby promulgate the following:
Section 1
Determination of Public Defender Fees
Notwithstanding any other provision of law, the schedule of fees to be paid to
attorneys appointed under Article 144 of the Criminal Procedure Code of Iraq of
1971, as modified by CPA Memorandum No. 3, shall be established by the
Council of Judges. The prior schedule of fees established by Article 144 and
Article 63(c) of the Law on Advocacy, No.173 of 1965, or any other law, is
hereby suspended.
Section 2
Scope of Right to Counsel
The right to court appointed counsel shall not extend to infractions as defined by
Iraq law, but shall apply only to misdemeanors and felonies.
Section 3
Retroactive Payments
The Council of Judges may authorize retroactive payments for legal defense
services rendered to indigent criminal defendants since March 18, 2003.
Section 5
Entry into Force
This Order shall enter into force on the date of signature.
CPA/ORD/16 January 2004/53_

lous, Acting Adminto rates
1/18/04
L. Paul Bremer, Administrator
Coalition Provisional Authority
2
CPA/ORD/16 January 2004/53_