X FILED __LODGED
__RECEIVED __COPY
1
FEBRUARY 28, 2025
2
CLERK US DISTRICT COURT
3 DISTRICT OF ARIZONA
BY s/ M. Everette DEPUTY
4
5
6 IN THE UNITED STATES DISTRICT COURT
7 FOR THE DISTRICT OF ARIZONA
8
9 In the matter of
10 PLAN FOR COMPOSITION,
ADMINISTRATION AND
11 MANAGEMENT OF THE PANEL OF
PRIVATE ATTORNEYS UNDER THE GENERAL ORDER 25-04
12 CRIMINAL JUSTICE ACT
13 SUPERSEDES GENERAL ORDER 23-05
14
15 The Judges of this District have adopted the attached Plan for the Composition,
16 Administration and Management of the Panel of Private Attorneys under The Criminal
17 Justice Act which was approved by the Ninth Circuit Judicial Council on February 25,
18 2025.
19 IT IS THEREFORE ORDERED that the Criminal Justice Act Plan attached
20 hereto, is adopted for use in the District of Arizona.
21 Dated this 28th day of February, 2025.
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DISTRICT OF ARIZONA
CRIMINAL JUSTICE ACT PLAN
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TABLE OF CONTENTS
I. Authority ............................................................................................................... 1
II. Policy Statement................................................................................................... 1
A. Objectives .................................................................................................. 1
B. Compliance ................................................................................................ 1
III. Definitions ............................................................................................................. 2
IV. Determining Eligibility for CJA Representation ..................................................... 2
A. Subject Matter Eligibility ............................................................................. 2
B. Financial Eligibility ..................................................................................... 5
V. Timely Appointment of Counsel ............................................................................ 7
A. Timing of Appointment ............................................................................... 7
B. Retroactive Appointment of Counsel ......................................................... 7
VI. Provision of Representational Services ................................................................ 8
A. Office of the Federal Public Defender and Private Counsel ....................... 8
B. Apportionment of Cases ............................................................................ 8
C. Number of Counsel .................................................................................... 8
D. Capital Cases ............................................................................................ 8
VII. Office of the Federal Public Defender................................................................... 8
A. Establishment ............................................................................................ 8
B. Supervision of Defender Organization ....................................................... 8
C. Training ...................................................................................................... 9
D. Mentoring ................................................................................................... 9
VIII. CJA Panel Selection Committees ......................................................................... 9
A. Establishment of CJA Panel Selection Committees................................... 9
B. Panel Selection Committee Duties ............................................................ 9
IX. Establishment of CJA Panel ............................................................................... 10
A. Approval................................................................................................... 10
B. Size .......................................................................................................... 11
C. Qualifications and Membership................................................................ 11
X. CJA Panel Attorney Appointment in Non-Capital Cases .................................... 13
A. Panel Lists ............................................................................................... 13
B. Appointment Procedures ......................................................................... 13
XI. CJA Panel Member Duties ................................................................................. 14
A. Standards and Professional Conduct ...................................................... 14
B. Training and Continuing Legal Education ................................................ 15
C. Facilities and Technology Requirements ................................................. 15
D. Continuing Representation ...................................................................... 15
E. Miscellaneous .......................................................................................... 15
XII. Compensation of CJA Panel Attorneys .............................................................. 16
A. Policy of the Court Regarding Compensation .......................................... 16
B. Payment Procedures ............................................................................... 16
C. Voucher Adjustment Procedures ............................................................. 17
D. Delegated Authority for Claim Approval ................................................... 19
E. Case Budgeting ....................................................................................... 19
XIII. Investigative, Expert, and Other Services........................................................... 20
A. Expectations ............................................................................................ 20
B. Financial Eligibility ................................................................................... 20
C. Authorizations .......................................................................................... 20
D. Delegated Authority for Authorization of Services.................................... 20
E. Review and Recommendation ................................................................. 20
XIV. Appointment of Counsel and Case Management in CJA Capital Cases ............ 21
A. Applicable Legal Authority ....................................................................... 21
B. General Applicability and Appointment of Counsel Requirements ........... 21
C. Appointment of Trial Counsel in Federal Death-Eligible Cases ............... 23
D. Appointment and Qualifications of Direct Appeal Counsel in Federal Death
Penalty Cases.......................................................................................... 25
E. Appointment and Qualifications of Post-Conviction Counsel in Federal
Death Penalty Cases (28 U.S.C. § 2255) ................................................ 26
F. Appointment and Qualifications of Counsel in Federal Capital Habeas
Corpus Proceedings (28 U.S.C. § 2254).................................................. 27
XV. Effective Date ..................................................................................................... 28
United States District Court
For the District of Arizona
Criminal Justice Act Plan
I. Authority
Under the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. § 3006A, and the
Guide to Judiciary Policy (Guide), Volume 7A, the judges of the United States District
Court for the District of Arizona adopt this CJA Plan for furnishing representation in
federal court for any person financially unable to obtain adequate representation.
II. Policy Statement
A. Objectives
The objectives of this Plan are:
1. to attain the goal of equal justice under the law for all persons;
2. to provide all eligible persons with timely appointed counsel
services that are consistent with the best practices of the legal
profession, are cost-effective, and protect the independence of the
defense function so that the rights of individual defendants are
safeguarded and enforced; and
3. to particularize the requirements of the CJA, the USA Patriot
Improvement and Reauthorization Act of 2005 (recodified at
18 U.S.C. § 3599), the Ninth Circuit CJA Policies and Procedures,
and the Guide, Vol. 7A, in a way that meets the needs of this
District.
This Plan must therefore be administered so that those accused of a
crime, or otherwise eligible for services under the CJA, will not be
deprived of the right to counsel, or any element of representation
necessary to an effective defense, due to lack of financial resources.
B. Compliance
1. The Court, its Court Executive and Clerk of Court, the Office of the
Federal Public Defender, and private attorneys appointed under the
CJA (CJA Panel) must comply with the Guide, Vol. 7A, as approved
by the Judicial Conference of the United States or its Committee on
Defender Services, and with this Plan, the CJA policies of the Ninth
Circuit Judicial Council, and any general orders or guidelines
issued by the District of Arizona relating to the CJA.
2. The Clerk of Court will ensure that a current copy of the CJA Plan is
made available on the Court’s website and provided to each private
District of Arizona CJA Plan Page 1
attorney upon the attorney’s designation as a member of the CJA
Panel.
III. Definitions
A. “Representation” includes counsel and investigative, expert, and other
services.
B. “Appointed attorney” is an attorney designated to represent a financially
eligible person under the CJA and this Plan. Such attorneys include
private attorneys and attorneys with the Office of the Federal Public
Defender.
C. “Court” means the United States District Court for the District of Arizona.
D. “CJA Voucher Review Unit” refers to staff employed by the Clerk of Court
to process and review CJA vouchers. The Unit is managed by the “CJA
Administrator.”
E. “Panel Administrator” is the person designated by the Federal Public
Defender to manage the appointment of cases to the CJA Panel.
F. “CJA Resource Counsel” is the person employed by the Federal Public
Defender to act as a resource to the CJA Panel and as a liaison between
the CJA Panel and the Court and other stakeholders.
G. “Panel Attorney District Representative” (PADR) and back-up PADR are
members of the District’s CJA Panel, selected by the Chief District Judge
after consultation with the Federal Public Defender or CJA Resource
Counsel as designee, to serve as representatives of the District’s CJA
Panel for the Defender Services CJA PADR program and as liaisons with
CJA Resource Counsel and the CJA Panel. The PADR typically serves for
three years and is succeeded by the back-up PADR. The position rotates
between the Phoenix and Tucson Divisions.
IV. Determining Eligibility for CJA Representation
A. Subject Matter Eligibility
1. Mandatory
Representation must be provided for any financially eligible person
who:
a. is charged with a felony or with a Class A misdemeanor;
b. is a juvenile alleged to have committed an act of juvenile
delinquency as defined in 18 U.S.C. § 5031;
District of Arizona CJA Plan Page 2
c. is charged with a violation of probation, or faces a change of
a term or condition of probation (unless the modification
sought is favorable to the probationer and the government
has not objected to the proposed change);
d. is under arrest, when such representation is required by law;
e. is entitled to appointment of counsel in parole proceedings;
f. is charged with a violation of supervised release or faces
modification, reduction, or enlargement of a condition, or
extension or revocation of a term of supervised release;
g. is subject to a mental condition hearing under 18 U.S.C.
chapter 313;
h. is in custody as a material witness;
i. is seeking to set aside or vacate a death sentence under
28 U.S.C. § 2254 or § 2255;
j. is entitled to appointment of counsel in verification of consent
proceedings in connection with a transfer of an offender to or
from the United States for the execution of a penal sentence
under 18 U.S.C. § 4109;
k. is entitled to appointment of counsel under the Sixth
Amendment to the Constitution; or
l. faces loss of liberty in a case and federal law requires the
appointment of counsel.
2. Discretionary
Whenever a district judge or magistrate judge determines that the
interests of justice so require, representation may be provided for
any financially eligible person who:
a. is charged with a petty offense (Class B or C misdemeanor,
or an infraction) for which a sentence to confinement is
authorized;
b. is seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255
other than to set aside or vacate a death sentence;
c. is charged with civil or criminal contempt and faces loss of
liberty;
District of Arizona CJA Plan Page 3
d. has been called as a witness before a grand jury, a court,
the Congress, or a federal agency or commission which has
the power to compel testimony, and there is reason to
believe, either prior to or during testimony, that the witness
could be subject to a criminal prosecution, a civil or criminal
contempt proceeding, or face loss of liberty;
e. has been advised by the United States attorney or a law
enforcement officer that they are the target of a grand jury
investigation;
f. is proposed by the United States attorney for processing
under a pretrial diversion program; or
g. is held for international extradition under 18 U.S.C. chapter
209.
3. Ancillary Matters
Representation may also be provided for financially eligible persons
in ancillary matters appropriate to the criminal proceedings under
18 U.S.C. § 3006A(c). Such representation is compensable as part
of the representation in the principal matter for which counsel has
been appointed and is not considered a separate appointment for
which a separate compensable maximum applies. In determining
whether representation in an ancillary matter is appropriate to the
criminal proceedings, the Court should consider whether such
representation is reasonably necessary:
a. to protect a constitutional right;
b. to contribute in some significant way to the defense of the
principal criminal charge;
c. to aid in preparation for the trial or disposition of the principal
criminal charge;
d. to enforce the terms of a plea agreement in the principal
criminal charge;
e. to preserve the claim of the CJA client to an interest in real
or personal property subject to civil forfeiture proceeding
under 18 U.S.C. § 983,19 U.S.C. § 1602, 21 U.S.C. § 881,
or similar statutes, which property, if recovered by the client,
may be considered for reimbursement under 18. U.S.C.
§ 3006A(f); or
f. effectuate the return of real or personal property belonging to
the CJA client, which may be subject to a motion for return of
District of Arizona CJA Plan Page 4
property under Fed. R. Crim. P. 41(g), which property, if
recovered by the client, may be considered for
reimbursement under 18 U.S.C. § 3006A(f).
B. Financial Eligibility
1. Presentation of Accused for Financial Eligibility Determination
a. Duties of Law Enforcement
(i) Upon arrest, and where the defendant has not
retained or waived counsel, federal law enforcement
officials must promptly notify, telephonically or
electronically, the appropriate court personnel, who in
turn will notify the Office of the Federal Public
Defender of the arrest of an individual in connection
with a federal criminal charge.
(ii) Employees of law enforcement agencies should not
participate in the completion of the financial affidavit
or seek to obtain information concerning financial
eligibility from a person requesting the appointment of
counsel.
b. Duties of United States Attorney’s Office
(i) Upon the return or unsealing of an indictment or the
filing of a criminal information, and where the
defendant has not retained or waived counsel, the
United States Attorney’s Office will promptly notify,
telephonically or electronically, appropriate court
personnel, who in turn will notify the Office of the
Federal Public Defender.
(ii) When issuing a target letter, the United States
Attorney’s Office will notify the target in writing that
the target may contact the Office of the Federal Public
Defender if the target would like an attorney and
cannot afford to retain private counsel. If the United
States Attorney’s Office is aware of a potential
conflict, it must immediately notify the Office of the
Federal Public Defender of the potential conflict to
enable them to make the appropriate determination
and to contact CJA counsel, if necessary.
(iii) Employees of the United States Attorney’s Office
should not participate in the completion of the
financial affidavit or seek to obtain information
District of Arizona CJA Plan Page 5
concerning financial eligibility from a person
requesting the appointment of counsel.
(iv) In any potential death penalty prosecution, and in
order for the Federal Public Defender to carry out its
responsibilities pursuant to 18 U.S.C. § 3005 and 18
U.S.C. § 3599, the United States Attorney’s Office
shall provide prompt notification to the Federal Public
Defender of any case where the death penalty may
be sought or is a possible statutory sentence. This
notification shall be before initial appearance or as
soon as a complaint is filed and an accused is
arrested.
c. Duties of the Office of the Federal Public Defender
The duties of the Office of the Federal Public Defender will
be consistent with the Code of Conduct for Federal Public
Defender Employees, set forth in the Guide, Volume 2A,
Chapter 4.
d. Duties of Pretrial Services Office
The duties of the Pretrial Services Office will be consistent
with the Court’s general orders and the Memo of
Understanding between the Pretrial Services Office and the
Office of the Federal Public Defender.
2. Factual Determination of Financial Eligibility
a. In every case where appointment of counsel is authorized
under 18 U.S.C. § 3006A(a) and related statutes, the Court
must advise the person that he or she has a right to be
represented by counsel throughout the case and that, if so
desired, counsel will be appointed to represent the person if
he or she is financially unable to obtain counsel.
b. The determination of eligibility for representation under the
CJA is a judicial function to be performed by the Court after
making appropriate inquiries concerning the person’s
financial eligibility. Other employees of the Court may be
designated to obtain or verify the facts relevant to the
financial eligibility determination.
c. In determining whether a person is “financially unable to
obtain counsel,” consideration should be given to the cost of
providing the person and their dependents with the
necessities of life, the cost of securing pretrial release, asset
encumbrance, and the likely cost of retained counsel.
District of Arizona CJA Plan Page 6
d. The initial determination of eligibility must be made without
regard to the financial ability of the person’s family to retain
counsel unless their family indicates willingness and ability to
do so promptly.
e. Any doubts about a person’s eligibility should be resolved in
the person’s favor; erroneous determinations of eligibility
may be corrected at a later time.
f. Relevant information bearing on the person’s financial
eligibility should be reflected on a financial eligibility affidavit
(Form CJA 23).
g. If at any time after the appointment of counsel a judge finds
that a person provided representation is financially able to
obtain counsel or make partial payment for the
representation, the judge may terminate the appointment of
counsel or direct that any funds available to the defendant
be paid as provided in 18 U.S.C. § 3006A(f).
h. If at any stage of the proceedings a judge finds that a person
is no longer financially able to pay retained counsel, counsel
may be appointed in accordance with the general provisions
set forth in this Plan.
V. Timely Appointment of Counsel
A. Timing of Appointment
Counsel must be provided to eligible persons as soon as feasible in the
following circumstances, whichever occurs earliest:
1. after they are taken into custody;
2. when they appear before a magistrate or district court judge;
3. when they are formally charged or notified of charges if formal
charges are sealed; or
4. when a magistrate or district court judge otherwise considers
appointment of counsel appropriate under the CJA and related
statutes.
B. Retroactive Appointment of Counsel
Appointment of counsel may be made retroactive to include representation
provided prior to appointment. The Court’s CJA Voucher Review Unit
may, upon verification with the Office of the Federal Public Defender,
District of Arizona CJA Plan Page 7
assign as the date of appointment that date which the CJA Panel attorney
was first contacted and agreed to represent the defendant.
VI. Provision of Representational Services
A. Office of the Federal Public Defender and Private Counsel
This Plan provides for representational services by the Office of the
Federal Public Defender and for the appointment and compensation of
private counsel from a CJA Panel list maintained by the Office of the
Federal Public Defender in cases authorized under the CJA and related
statutes.
B. Apportionment of Cases
Where practical and cost effective, private attorneys from the CJA Panel
will be appointed in a substantial proportion of the cases in which the
accused is determined to be financially eligible for representation under
the CJA. “Substantial” will usually be defined as a minimum of twenty-five
percent (25%) of the annual CJA appointments.
C. Number of Counsel
More than one attorney may be appointed in any case determined by the
Court to be extremely difficult or when necessary in the interests of justice.
D. Capital Cases
Procedures for appointment of counsel in cases where the defendant is
charged with a crime that may be punishable by death, or is seeking to
vacate or set aside a death sentence in proceedings under 28 U.S.C.
§§ 2254 or 2255, are set forth in section XIV of this Plan.
VII. Office of the Federal Public Defender
A. Establishment
The Office of the Federal Public Defender was established in this District
under the CJA and is responsible for rendering defense services on
appointment throughout this District.
B. Supervision of Defender Organization
The Federal Public Defender will be responsible for the supervision and
management of the federal public defender organization. Accordingly, the
Federal Public Defender will be appointed in all cases assigned to that
District of Arizona CJA Plan Page 8
organization for subsequent assignment to staff attorneys at the discretion
of the Federal Public Defender.
C. Training
The Federal Public Defender will assess the training needs of federal
public defender staff and, in coordination with the CJA Resource Counsel,
assess the training needs of the local panel attorneys, and provide training
opportunities and other educational resources.
D. Mentoring
CJA Resource Counsel will be responsible for the development and
administration of a mentorship program for the District.
VIII. CJA Panel Selection Committees
A. Establishment of CJA Panel Selection Committees
1. Two Panel Selection Committees will be established by the Court,
by general order, one for the Phoenix, Flagstaff and Yuma locations
and one for the Tucson Division. CJA Resource Counsel will be a
member and serve as chair of the Panel Selection Committees. In
addition, each Panel Selection Committee will consist of at least
five members, but no more than seven members, exclusive of CJA
Resource Counsel, and shall be selected from the following
categories of individuals:
a. At least one judge or commissioner of the Superior Court of
Arizona who serves within the relevant division.
b. At least one member of the Division’s CJA Panel.
c. A county public defender representative from within the
Division.
d. At least one criminal defense attorney selected from the
appropriate Division.
2. Other than the CJA Resource Counsel, each member shall serve
for a term of five years unless reappointed by the Court. Members’
terms will be staggered to ensure continuity on the Panel Selection
Committee.
B. Panel Selection Committee Duties
1. The Panel Selection Committee shall meet at least annually to
consider applications for vacancies on the CJA Panel lists and
review the continued eligibility of CJA Panel members. The
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Committee shall review the qualifications of applicants and
recommend, for approval by the Court, those applicants best
qualified to fill the vacancies. The Committee will specify for each
applicant whether it is recommending approval for membership on
the trial, complex case, or appeal panels in Phoenix or the felony,
misdemeanor, or appeal panels in Tucson.
2. At its annual meeting, the Committee shall review the operation and
administration of the panel and recommend to the Court any
changes deemed necessary or appropriate by the Committee
regarding the appointment process and panel management,
including efforts to establish a diverse panel and to ensure all
qualified attorneys are encouraged to participate in the furnishing of
representation in CJA cases.
3. The Committee will consider complaints regarding CJA Panel
members and will recommend removal of any member who:
a. fails to satisfactorily fulfill the requirements of CJA Panel
membership during their term of service, including the failure
to provide high quality representation to CJA clients, or
b. has engaged in other conduct such that their continued
service on the CJA Panel is inappropriate.
4. The Committee shall report annually as to the continued availability
and willingness of each panel member to accept appointments.
5. If, at any time during the course of a year, the number of vacancies
due to resignation, removal, or death significantly decreases the
size of a panel, the Committee shall solicit applications for the
vacancies, convene a special meeting to review the qualifications of
the applicants, and select prospective members for
recommendation to the Court for approval.
IX. Establishment of CJA Panel
A. Approval
1. The Court will approve attorneys for membership on the CJA Panel
after receiving recommendations from the Panel Selection
Committee.
2. The existing, previously established CJA Panel lists of attorneys
who are eligible and willing to be appointed to provide
representation under the CJA are hereby recognized. These lists
are contained in general orders of the Court and correspond to
geographic area and representation type.
District of Arizona CJA Plan Page 10
B. Size
1. The size of the CJA Panel lists will be determined by the Court with
input from the Panel Selection Committee, based on the caseload
and activity of the panel members.
2. The CJA Panel must be large enough to provide a sufficient
number of experienced attorneys to handle the CJA caseload, yet
small enough so that CJA Panel members will receive an adequate
number of appointments to maintain their proficiency in federal
criminal defense work enabling them to provide high quality
representation consistent with the best practices of the legal
profession and commensurate with those services rendered when
counsel is privately retained.
C. Qualifications and Membership
1. Application
Application forms for membership or reappointment on the CJA
Panel are available from the Office of the Federal Public Defender
at www.az.fd.org in the Courts and CJA Panel section. Completed
applications will be submitted to the Federal Public Defender, who
will transmit the applications to the appropriate Panel Selection
Committee.
2. Equal Opportunity
All qualified attorneys are encouraged to participate in the
furnishing of representation in CJA cases. The CJA Panel
Committee shall not discriminate against, or grant preferential
treatment to, any individual or group on the basis of race, sex,
color, ethnicity, national origin, gender identity, sexual orientation,
age, religion, or disability.
3. Eligibility
a. Applicants for the CJA Panel must be members in good
standing of the federal bar of this District and the Ninth
Circuit Court of Appeals.
b. Except applicants for the appellate panels, applicants must
maintain a primary, satellite, or shared office in this District.
c. Applicants must possess strong litigation skills and
demonstrate proficiency with the federal sentencing
guidelines, federal sentencing procedures, the Bail Reform
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Act, the Federal Rules of Criminal Procedure, and the
Federal Rules of Evidence.
d. Applicants must have significant experience representing
persons charged with serious criminal offenses and
demonstrate a commitment to the defense of people who
lack the financial means to hire an attorney.
e. Attorneys who do not possess the experience set forth
above but believe they have equivalent other experience are
encouraged to apply and set forth in writing the details of
that experience for the Panel Selection Committee’s
consideration.
4. Term of Appointment
Members of the CJA Panel will serve for a term of three years with
the opportunity to reapply for successive terms, but such service
shall at all times be at the pleasure of the Court.
5. Reappointment
a. The Office of the Federal Public Defender will notify CJA
Panel members, prior to the expiration of their current term,
of the need to apply for reappointment to the CJA Panel.
b. A member of the CJA Panel who wishes to be considered for
reappointment must apply for appointment to an additional
term at least three months prior to the expiration of their
current term.
c. The Panel Selection Committee will solicit input concerning
the quality of representation provided by attorneys seeking
reappointment.
d. The Panel Selection Committee also will consider how many
cases the CJA Panel member has accepted and declined
during the review period, whether the member has
participated in training opportunities, whether the member
has been the subject of any complaints, and whether the
member continues to meet the prerequisites and obligations
of CJA Panel members as set forth in this Plan.
6. Removal from the CJA Panel
a. By the Court
A member of the CJA Panel may be removed from the Panel
prior to expiration of their term whenever the district judges
District of Arizona CJA Plan Page 12
sitting in Tucson or Phoenix determine that removal is
appropriate.
b. Mandatory removal
Any member of the CJA Panel who is suspended or
disbarred from the practice of law by the state court before
whom such member is admitted, or who is suspended or
disbarred from this court or any federal court, will be
removed from the CJA Panel immediately.
c. Automatic disciplinary review
The Panel Selection Committee will conduct an automatic
disciplinary review of any CJA Panel member against whom
any licensing authority, grievance committee, or
administrative body has taken action, or when a finding of
probable cause, contempt, sanction, or reprimand has been
issued against the panel member by any state or federal
court.
d. Notification
The Federal Public Defender will be immediately notified
when any member of the CJA Panel is removed or
suspended from the CJA Panel.
7. Removal from a Case
A member of the CJA Panel may be removed from an individual
case if the presiding district judge deems it necessary.
X. CJA Panel Attorney Appointment in Non-Capital Cases
A. Panel Lists
The Federal Public Defender’s Panel Administrator will maintain a current
list of all attorneys included on the CJA Panel, with current office
addresses, email addresses, and telephone numbers, as well as a
statement of qualifications, experience, and proficiency in the Spanish
language.
B. Appointment Procedures
1. Upon determination of the need for appointment of counsel, the
district judge or magistrate judge shall notify the Federal Public
Defender of the nature of the case and the need to locate counsel.
The Federal Public Defender shall either (1) recommend
appointment of counsel from the Office of the Federal Public
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Defender, or (2) locate and recommend for appointment a suitable
and available CJA Panel member. The Court may then make the
recommended appointment or, in its discretion, locate and appoint
a different attorney.
2. The Federal Public Defender’s Panel Administrator will maintain a
record of panel attorney appointments and, when appropriate, data
reflecting the apportionment of appointments between attorneys
from the federal public defender office and panel attorneys.
3. Appointment of cases to CJA Panel members will ordinarily be
made on a rotational basis. In a complex or otherwise difficult
case, the Federal Public Defender may recommend counsel
outside of the normal rotation to ensure the defendant has
sufficiently experienced counsel.
4. Under special circumstances the court may appoint a member of
the bar of the court who is not a member of the CJA Panel. Such
special circumstances may include cases in which the court
determines that the appointment of a particular attorney is in the
interests of justice, judicial economy, or continuity of representation,
or for any other compelling reason. It is not anticipated that special
circumstances will arise often, and the procedures set forth in the
Plan are presumed to be sufficient in the vast majority of cases in
which counsel are to be appointed. Appointments made under this
section will be reported to the Federal Public Defender.
XI. CJA Panel Member Duties
A. Standards and Professional Conduct
1. CJA Panel members must provide high quality representation
consistent with the best practices of the legal profession and
commensurate with those services rendered when counsel is
privately retained.
2. Attorneys appointed under the CJA must conform to the highest
standards of professional conduct, including but not limited to local
rules, general orders, Arizona Rules of Professional Conduct, and
other standards for professional conduct adopted by the court.
Such conduct includes being accessible to clients by telephone.
3. CJA Panel members must notify within 30 days the chair of the
Panel Selection Committee when any licensing authority, grievance
committee, or administrative body has taken action against them, or
when a finding of contempt, sanction, or reprimand has been
issued against the panel member by any state or federal court.
District of Arizona CJA Plan Page 14
B. Training and Continuing Legal Education
1. Attorneys on the CJA Panel are expected to remain current with
developments in federal criminal defense law, practice, and
procedure, including the Recommendation for Electronically Stored
Information (ESI) Discovery Production in Federal Criminal Cases.
2. Attorneys on the CJA Panel are expected to attend trainings
sponsored by the Federal Public Defender.
3. CJA Panel members must participate annually in at least three (3)
hours of continuing legal education relevant to federal criminal
practice.
4. CLE must be completed by July 1 of the calendar year. Annual
written CLE certification shall be submitted by each panel member
to the Federal Public Defender, as Chair of the Panel Selection
Committee, by September 15 of each calendar year. Failure to
comply with these training and legal education requirements may
be grounds for removal from the CJA Panel.
C. Facilities and Technology Requirements
1. CJA Panel attorneys must have facilities, resources, and
technological capability to effectively and efficiently manage
assigned cases.
2. CJA Panel attorneys must comply with the requirements of
electronic filing and eVoucher.
3. CJA Panel attorneys must know and abide by procedures related to
requests for investigative, expert, and other services.
D. Continuing Representation
Once counsel is appointed under the CJA, counsel will continue the
representation until the matter, including appeals (unless provided
otherwise by the Ninth Circuit’s CJA plan) or review by certiorari, is closed;
or until substitute counsel has filed a notice of appearance; or until an
order is entered allowing or requiring the person represented to proceed
pro se; or until the appointment is terminated by court order. If trial
counsel prefers to withdraw in favor of new counsel for the appeal, trial
counsel should move to withdraw in the Court of Appeals and ask for the
appointment of substitute counsel but only after filing the notice of appeal
in the district court and preserving the client’s rights in the appeal.
E. Miscellaneous
1. No receipt of other payment
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Appointed counsel may not require, request, or accept any
payment or promise of payment or any other valuable consideration
for representation in any type of legal representation under the
CJA, unless such payment is approved by order of the court.
2. Redetermination of need
If at any time after appointment, counsel has reason to believe that
a party is financially able to obtain counsel, or make partial
payment for counsel, and the source of counsel’s information is not
protected as a privileged communication, counsel will advise the
court.
3. Minimum number of appointments
Panel members are expected to accept a minimum of four
appointments per year, absent extraordinary circumstances or
acceptance of a very large or complicated case.
XII. Compensation of CJA Panel Attorneys
A. Policy of the Court Regarding Compensation
1. Providing fair compensation to appointed counsel is a critical
component of the administration of justice. CJA Panel attorneys
must be compensated for time expended in court and time
reasonably expended out of court and reimbursed for expenses
reasonably incurred.
2. Voucher reductions will be limited to mathematical errors; instances
in which work billed was not compensable, undertaken, or
completed; and instances in which the hours billed clearly exceed
what was reasonably required to complete the task. In addition,
while extremely late voucher submissions may impact the ability to
adequately substantiate claims, voucher reductions based solely on
submissions outside the 45-day time limit of section XII.B.2 are not
authorized.
3. Payment vouchers and amounts paid to counsel or service
providers will not be disclosed except as required by law or CJA
Guidelines.
B. Payment Procedures
1. Claims for compensation must be submitted on the appropriate
CJA form through the court’s eVoucher system.
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2. Claims for compensation should be submitted no later than 45 days
after final disposition of the case, unless good cause is shown.
3. The Court’s CJA Voucher Review Unit will review all claims for
reasonableness, mathematical and technical accuracy, and for
conformity with district, circuit, and national billing guidelines. After
review, a claim will be forwarded for consideration and action by the
presiding judge or designee.
4. Absent extraordinary circumstances, the Court should act on CJA
compensation claims within 30 days of submission, and vouchers
should not be delayed or reduced for the purpose of diminishing
Defender Services program costs in response to adverse financial
circumstances.
C. Voucher Adjustment Procedures
1. Notice and Opportunity to be Heard (Pre-Reduction)
a. Except for mathematical or technical reasons, including
whether work billed is compensable under local, circuit, or
national guidelines, no claim for compensation submitted
under the CJA by either counsel or a service provider will be
reduced by three (3) or more service hours without affording
counsel notice and an opportunity to be heard.
b. Non-technical adjustments equating to less than three (3)
service hours, and mathematical or technical adjustments in
any amount, will be documented on the payment voucher in
eVoucher, but counsel will not otherwise be provided with
notice.
c. If the Court is contemplating a reduction equivalent to three
(3) or more service hours for other than mathematical or
technical reasons, the CJA Voucher Review Department will:
(1) Email notice to counsel of the proposed reduction and
the reason(s) therefor; and
(2) Provide counsel a minimum of five business (5) days
to provide additional information or justification after
notice is sent.
d. Notwithstanding the procedure described above, the Court
may at any point during processing of a payment voucher
contact appointed counsel or enlist the aid of CJA Resource
Counsel to inquire regarding questions or concerns with a
claim for compensation. CJA Resource Counsel may consult
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the billing attorney or service provider directly to obtain
information or discuss the Court’s concerns.
2. Independent Peer Review (Post-Reduction)
a. Initiation
1. If the Court reduces a voucher by the equivalent of
three (3) or more service hours for other than
mathematical or technical reasons, counsel may seek
independent peer review of the reduction by sending
a written request to CJA Resource Counsel no later
than fourteen (14) days after the voucher closing
date.
2. Any judge, the Court’s CJA Administrator, or CJA
Resource Counsel may seek independent peer
review of a specific voucher, series of vouchers, or an
attorney or service provider’s general billing practices.
b. Ad Hoc Peer Review Panel
Upon receipt of a written request for independent peer
review, the CJA Resource Counsel, shall notify the Court’s
CJA Administrator, the Panel Attorney District
Representative (PADR) and the designated CJA Judge.
The PADR in the respective division will recruit two-to-three
criminal defense attorneys with significant federal
experience to form an Ad Hoc Peer Review Panel. The
PADR may serve as a member of the Ad Hoc Peer Review
Panel.
c. Process
1. The Ad Hoc Peer Review Panel will review and
investigate as necessary to assess reasonableness of
the claimed compensation. The investigation may
include court files, records of detention facilities, and
interviews of panel members or service providers in
the same or related case(s), including the individual
whose voucher is being reviewed. The CJA
Administrator will facilitate access to materials (such
as billing data) requested by the Ad Hoc Peer Review
Panel to the extent possible without creating a
conflict.
2. The source of a peer review referral will not be
disclosed to the billing attorney or service provider
absent the referrer’s consent to disclosure. Similarly,
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communications with persons whose opinions have
been sought in any peer review investigation shall
remain confidential absent express waiver of
confidentiality.
3. The PADR, on behalf of the Ad Hoc Peer Review
Panel, shall submit a written report with its findings
and recommendation to the CJA Resource Counsel.
The CJA Resource Counsel shall provide the written
report to the Court’s CJA Administrator and the
designated CJA Judge. The designated CJA Judge
will give due weight to the Ad Hoc Peer Review
Panel’s recommendation in making a final decision.
D. Delegated Authority for Claim Approval
1. As provided by separate General Order, the District Court has
delegated to the Court’s CJA Voucher Review Unit limited authority
to approve on behalf of the presiding judicial officer vouchers
submitted to the court for payment.
2. Consistent with the Guide, Vol. 7A, Ch. 2, § 230.43, the Court
delegates authority to U.S. magistrate judges to approve interim
vouchers prior to case closing in matters assigned to a magistrate
judge at the time of voucher submission.
3. The District Court has delegated to the CJA Resource Counsel
authority to approve on behalf of the presiding judicial officer
vouchers submitted to the court for payment.
E. Case Budgeting
1. In complex non-capital representations likely to become
extraordinary in terms of cost, the case may be referred to the Ninth
Circuit Case Budgeting Attorney (CBA) by any stakeholder (e.g.,
Judge, appointed counsel, CJA Administrator, CJA Resource
Counsel) for case budgeting consistent with the Guide, Vol. 7A, Ch.
2, §§ 230.26.10–20. Case budgeting is strongly encouraged if the
representation is expected to or does exceed 300 attorney hours.
Case budgeting is mandatory if the representation is expected to or
does exceed $100,000 and for all capital cases. See section XIV for
more capital case information.
2. CJA Panel attorneys must consult with the Ninth Circuit CBA or
with the National Litigation Support Team (NLST) before
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contracting for discovery related services (such as scanning or
applying OCR to documents) exceeding $10,000.
XIII. Investigative, Expert, and Other Services
A. Expectations
CJA Panel attorneys are expected to use lower-cost service providers
such as investigators or paralegals to undertake tasks not requiring
attorney expertise. In multi-defendant cases with multiple CJA attorneys,
counsel should make all reasonable efforts to coordinate with each other
to reduce costs, including coordinating discovery management and other
shared services, to the extent possible and without creating a conflict.
Applications for shared services should be submitted by whichever
attorney intends to coordinate and manage the service provider.
B. Financial Eligibility
Counsel for a person who is financially unable to obtain investigative,
expert, or other services necessary for an adequate defense may request
such services in an ex parte application to the court as provided in
18 U.S.C. § 3006A(e)(1), regardless of whether counsel is appointed
under the CJA. Upon finding that the services are necessary, and that the
person is financially unable to obtain them, the court must authorize
counsel to obtain the services.
C. Authorizations
Requests for authorization of funds for investigative, expert, and other
services must be submitted in eVoucher and must not be disclosed except
with the consent of the person represented or as required by law or
Judicial Conference policy.
D. Delegated Authority for Authorization of Services
As provided by separate General Order, the District Court has delegated
to the Court’s CJA Administrator limited authority to approve on behalf of
the presiding judicial officer authorization requests under 18 U.S.C.
§3006A(e)(1).
E. Review and Recommendation
Prior to reducing or denying a request for investigative, expert, or other
services, the Court or CJA Administrator may refer the matter to CJA
Resource Counsel for review and recommendation.
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XIV. Appointment of Counsel and Case Management in CJA Capital
Cases
A. Applicable Legal Authority
The appointment and compensation of counsel in capital cases and the
authorization and payment of persons providing investigative, expert, and
other services are governed by 18 U.S.C. §§ 3005, 3006A, and 3599, and
Guide, Vol. 7A, Ch. 6.
B. General Applicability and Appointment of Counsel Requirements
1. Unless otherwise specified, the provisions set forth in this section
apply to all capital proceedings in the federal courts, whether those
matters originated in a district court (federal capital trials) or in a
state court (habeas proceedings under 28 U.S.C. § 2254). Such
matters include those in which the death penalty may be or is being
sought by the prosecution, motions for a new trial, direct appeal,
applications for a writ of certiorari to the Supreme Court of the
United States, all post-conviction proceedings under 28 U.S.C.
§§ 2254 or 2255 seeking to vacate or set aside a death sentence,
applications for stays of execution, competency proceedings,
proceedings for executive or other clemency, and other appropriate
motions and proceedings.
2. Any person charged with a crime that may be punishable by death
who is or becomes financially unable to obtain representation is
entitled to the assistance of appointed counsel throughout every
stage of available judicial proceedings, including pretrial
proceedings, trial, sentencing, motions for new trial, appeals,
applications for writ of certiorari to the Supreme Court of the United
States, and all available post-conviction processes, together with
applications for stays of execution and other appropriate motions
and procedures, competency proceedings, and proceedings for
executive or other clemency as may be available to the defendant.
See 18 U.S.C. § 3599(e).
3. Qualified counsel must be appointed in capital cases at the earliest
possible opportunity.
4. Given the complex and demanding nature of capital cases, where
appropriate, the court will utilize the expert services available
through the Administrative Office of the United States Courts (AO),
Defender Services Death Penalty Resource Counsel projects
(“Resource Counsel projects”) which include: (1) Federal Death
Penalty Resource Counsel and Capital Resource Counsel Projects
(for federal capital trials), (2) Federal Capital Appellate Resource
Counsel Project, (3) Federal Capital Habeas § 2255 Project, and
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(4) National and Regional Habeas Assistance and Training Counsel
Projects (§ 2254). These counsel are death penalty experts who
may be relied upon by the court for assistance with selection and
appointment of counsel and legal, practical, and other matters
arising in federal capital cases.
5. The Federal Public Defender should promptly notify and consult
with the appropriate Resource Counsel projects about potential and
actual federal capital trial, appellate, and habeas corpus cases, and
consider their recommendations for appointment of counsel.
6. The presiding judge may appoint an attorney furnished by a state or
local public defender organization or legal aid agency or other
private, non-profit organization to represent a person charged with
a capital crime or seeking federal death penalty habeas corpus
relief provided that the attorney is fully qualified. Such appointments
may be in place of, or in addition to, the appointment of a federal
defender organization or a CJA Panel attorney or an attorney
appointed pro hac vice. See 18 U.S.C. § 3006A(a)(3).
7. All attorneys appointed in federal capital cases should comply with
the American Bar Association’s 2003 Guidelines for the
Appointment and Performance of Defense Counsel in Death
Penalty Cases (Guidelines 1.1 and 10.2 et seq.), and the 2008
Supplementary Guidelines for the Mitigation Function of Defense
Teams in Death Penalty Cases, as well as the Guide, Vol. 7A, the
CJA policies of the Ninth Circuit Judicial Council, and any general
orders or guidelines issued by the District of Arizona relating to the
CJA.
8. All attorneys appointed in federal capital cases should consult
regularly with the appropriate Resource Counsel projects.
9. As early as practicable after appointment, appointed counsel in
capital cases shall contact a Ninth Circuit Case Budgeting Attorney
to submit an initial case budget that will be subject to modification in
light of facts and developments that emerge as the case proceeds.
Questions about the appointment and compensation of counsel and
the authorization and payment of investigative, expert, and other
service providers in federal capital cases may also be directed to
the AO Defender Services Office, Legal and Policy Division Duty
Attorney at 202-502-3030 or via email at
[email protected].
10. The Office of the Federal Public Defender is authorized by this Plan
to provide assistance, consultation, information, and other related
services to eligible persons and appointed attorneys in connection
with state or federal capital proceedings.
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C. Appointment of Trial Counsel in Federal Death-Eligible Cases
1. General Requirements
a. Appointment of qualified capital trial counsel must occur no
later than when a defendant is charged with a federal
criminal offense where the penalty of death is possible. See
18 U.S.C. § 3005.
b. To protect the rights of an individual who, although
uncharged, is the subject of an investigation in a federal
death-eligible case, the court may appoint capitally qualified
counsel upon request, consistent with Sections C.1, 2, and 3
of these provisions.
c. At the outset of every capital case, the court must appoint
two attorneys, at least one of whom meets the qualifications
for “learned counsel” as described below. If necessary for
adequate representation, more than two attorneys may be
appointed to represent a defendant in a capital case. See
18 U.S.C. § 3005.
d. When appointing counsel, the judge must consider the
recommendation of the Federal Public Defender, who will
consult with Federal Death Penalty Resource Counsel to
recommend qualified counsel. See 18 U.S.C. § 3005.
e. To effectuate the intent of 18 U.S.C. § 3005 that the Federal
Public Defender’s recommendation be provided to the court,
the judge should ensure the Federal Public Defender has
been notified of the need to appoint capitally qualified
counsel.
f. Reliance on a list for appointment of capital counsel is not
recommended because selection of trial counsel should
account for the particular needs of the case and the
defendant and be based on individualized recommendations
from the Federal Public Defender in conjunction with the
Federal Death Penalty Resource Counsel and Capital
Resource Counsel projects.
g. Out-of-district counsel, including federal defender
organization staff, who possess the requisite expertise may
be considered for appointment in capital trials to achieve
high quality representation.
h. In evaluating the qualifications of proposed trial counsel,
consideration should be given to their commitment to the
defense of capital cases, their current caseload including
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other capital cases, and their willingness to effectively
represent the interests of the client.
2. Qualifications of Learned Counsel
a. Learned counsel must either be a member of this District’s
bar or be eligible for admission pro hac vice based on their
qualifications.
b. Learned counsel must meet the minimum experience
standards set forth in 18 U.S.C. §§ 3005 and 3599.
c. Learned counsel should have distinguished prior experience
in the trial, appeal, or post-conviction review of federal death
penalty cases, or distinguished prior experience in state
death penalty trials, appeals, or post-conviction review that,
in combination with co-counsel, will assure high quality
representation.
d. “Distinguished prior experience” contemplates excellence,
not simply prior experience. Counsel with distinguished prior
experience should be appointed even if meeting this
standard requires appointing counsel from outside the
district where the matter arises.
e. The suitability of learned counsel should be assessed with
respect to the particular demands of the case, the stage of
the litigation, and the defendant.
f. Learned counsel must be willing and able to adjust other
caseload demands to accommodate the extraordinary time
required by the capital representation.
g. Learned counsel should satisfy the qualification standards
endorsed by bar associations and other legal organizations
regarding the quality of representation in capital cases.
3. Qualifications of Second and Additional Counsel
a. Second and additional counsel may, but are not required to,
satisfy the qualifications for learned counsel, as set forth
above.
b. Second and additional counsel must be well qualified, by
virtue of their distinguished prior criminal defense
experience, training and commitment, to serve as counsel in
this highly specialized and demanding litigation.
District of Arizona CJA Plan Page 24
c. Second and additional counsel must be willing and able to
adjust other caseload demands to accommodate the
extraordinary time required by the capital representation.
d. The suitability of second and additional counsel should be
assessed with respect to the demands of the individual case,
the stage of the litigation, and the defendant.
D. Appointment and Qualifications of Direct Appeal Counsel in Federal Death
Penalty Cases
1. When appointing appellate counsel, the judge must consider the
recommendation of the Federal Public Defender, who will consult
with Federal Capital Appellate Resource Counsel to recommend
qualified counsel.
2. Counsel appointed to represent a death-sentenced federal
appellant should include at least one attorney who did not represent
the appellant at trial.
3. Each trial counsel who withdraws should be replaced with similarly
qualified counsel to represent the defendant on appeal.
4. Out-of-district counsel, including federal defender organization staff,
who possess the requisite expertise may be considered for
appointment in capital appeals to achieve high quality
representation.
5. Appellate counsel, between them, should have distinguished prior
experience in federal criminal appeals and capital appeals.
6. At least one of the attorneys appointed as appellate counsel must
have the requisite background, knowledge, and experience
required by 18 U.S.C.§ 3599(c) or (d).
7. In evaluating the qualifications of proposed appellate counsel,
consideration should be given to the qualification standards
endorsed by bar associations and other legal organizations
regarding the quality of legal representation in capital cases.
8. In evaluating the qualifications of proposed appellate counsel,
consideration should be given to their commitment to the defense
of capital cases, their current caseload including other capital
cases, and their willingness to effectively represent the interests of
the client.
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E. Appointment and Qualifications of Post-Conviction Counsel in Federal
Death Penalty Cases (28 U.S.C. § 2255)
1. A financially eligible person seeking to vacate or set aside a death
sentence in proceedings under 28 U.S.C. § 2255 is entitled to
appointment of fully qualified counsel. See 18 U.S.C. § 3599(a)(2).
2. In light of the accelerated timeline applicable to capital § 2255
proceedings, prompt appointment of counsel is essential.
Wherever possible, appointment should take place prior to the
denial of certiorari on direct appeal by the United States Supreme
Court.
3. When appointing counsel in a capital § 2255 matter, the appointing
authority should appoint the Office of the Federal Public Defender
to represent the petitioner unless the Federal Public Defender
determines that a conflict exists or is otherwise unavailable.
4. If the Federal Public Defender has a conflict or is otherwise
unavailable, the Federal Public Defender shall recommend the
appointment of an out-of-district Federal Defender or Community
Defender organization that has a Capital Habeas Unit (CHU)
specializing in the representation of death-sentenced individuals in
post-conviction proceedings.
5. If an out-of-district CHU is not available, the Federal Public
Defender shall recommend private counsel who qualify for
appointment under 18 U.S.C. § 3599 and this Plan. Due to the
complex, demanding, and protracted nature of death penalty
proceedings, the court should consider appointing at least two
attorneys.
6. Counsel in capital § 2255 cases should have distinguished prior
experience in the areas of federal post-conviction proceedings,
capital post-conviction proceedings, and, when possible, capital
§ 2255 representations.
7. In evaluating the qualifications of proposed post-conviction counsel,
consideration should be given to the qualification standards
endorsed by bar associations and other legal organizations
regarding the quality of legal representation in capital cases.
8. In evaluating the qualifications of proposed post-conviction § 2255
counsel, consideration should be given to their commitment to the
defense of capital cases, their current caseload including other
capital cases, and their willingness to effectively represent the
interests of the client.
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F. Appointment and Qualifications of Counsel in Federal Capital Habeas
Corpus Proceedings (28 U.S.C. § 2254)
1. A financially eligible person seeking to vacate or set aside a death
sentence in proceedings under 28 U.S.C. § 2254 is entitled to the
appointment of qualified counsel. See 18 U.S.C. § 3599(a)(2).
2. When appointing counsel in a capital § 2254 matter, the appointing
authority should appoint the Federal Public Defender to represent
the petitioner unless the Federal Public Defender determines that a
conflict exists or is otherwise unavailable.
3. To ensure that representation is provided to persons under a
sentence of death, the Federal Public Defender has the authority to
perform the following functions:
a. Monitor and track capital litigation in the state and federal
courts in Arizona;
b. Coordinate with other local, state, and national organizations
providing legal support to death-sentenced individuals and
counsel representing persons facing the death penalty;
c. Provide training to counsel representing persons facing the
death penalty;
d. Provide assistance, consultation, information, and other
related services to eligible persons and appointed attorneys
in connection with state and federal capital proceedings,
except that the Federal Public Defender may not represent a
death-sentenced individual in state court without prior
authorization of the Court.
4. If the Federal Public Defender has a conflict or is otherwise
unavailable, the Federal Public Defender shall recommend the
appointment of an out-of-district Federal Defender or Community
Defender organization that has a Capital Habeas Unit (CHU)
specializing in the representation of death-sentenced individuals in
post-conviction proceedings.
5. If an out-of-district CHU is not available, the Federal Public
Defender shall recommend private counsel who qualify for
appointment under 18 U.S.C. § 3599 and this Plan. Due to the
complex, demanding, and protracted nature of death penalty
proceedings, the court should consider appointing at least two
attorneys.
6. In order for federal counsel to avail themselves of the full statute of
limitations period to prepare a petition, the court should appoint
District of Arizona CJA Plan Page 27
counsel and provide appropriate litigation resources at the earliest
possible time permissible by law.
7. Unless precluded by a conflict of interest, or replaced by similarly
qualified counsel upon motion by the attorney or motion by the
defendant, capital § 2254 counsel must represent the defendant
throughout every subsequent stage of available judicial
proceedings and all available post-conviction processes, together
with applications for stays of execution and other appropriate
motions and procedures, and must also represent the defendant in
such competency proceedings and proceedings for executive or
other clemency as may be available to the defendant. See
18 U.S.C. § 3599(e).
8. Counsel in capital § 2254 cases should have distinguished prior
experience in the areas of federal post-conviction proceedings,
capital post-conviction proceedings, and, when possible, capital
§ 2254 representations.
9. In evaluating the qualifications of proposed capital § 2254 counsel,
consideration should be given to the qualification standards
endorsed by bar associations and other legal organizations
regarding the quality of legal representation in capital cases.
10. In evaluating the qualifications of proposed capital § 2254 counsel,
consideration should be given to proposed counsel's commitment
to the defense of capital cases, their current caseload including
other capital cases, and their willingness to represent effectively the
interests of the client.
XV. Effective Date
This Plan will become effective when approved by the Judicial Council of the Ninth
Circuit.
APPROVED BY THE JUDICIAL COUNCIL OF THE NINTH CIRCUIT ON FEBRUARY
25, 2025:
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District of Arizona CJA Plan Page 28
