UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CRIMINAL JUSTICE ACT PLAN
I. AUTHORITY
Pursuant to the Criminal Justice Act of 1964, as amended, (CJA), section 3006A of
Title 18, United States Code, the Guide to Judiciary Policy, the Guidelines for
Administering the Criminal Justice Act, Vol. 7A, § 230.33.10, (CJA Guidelines), the district
judges of the United States District Court for the District of Colorado (the Court) adopt this
Plan (the Plan) for the composition, administration, and management of the Panel of
Private Attorneys under the Criminal Justice Act, (CJA Panel).
II. STATEMENT OF POLICY
A. Objectives
1. The objective of the Plan is to attain the ideal of equality before the
law for all persons. Therefore, the Plan shall be administered so that those accused of
crime, or otherwise eligible for services pursuant to the CJA, will not be deprived, because
they are financially unable to pay for adequate representation, of any element of
representation necessary to an adequate defense. The services to be rendered to a
person represented by appointed counsel shall be commensurate with those rendered if
counsel were privately employed by the person.
2. The further objective of the Plan is to particularize the requirements of
the CJA, the USA Patriot Improvement and Reauthorization Act of 2005 (recodified at 18
U.S.C. §3599), and the CJA Guidelines in a way that meets the needs of the District of
Colorado.
B. Compliance
The Office of the Federal Public Defender and private attorneys appointed under
the Criminal Justice Act shall comply with its terms and objectives, the CJA Guidelines
approved by the Judicial Conference of the United States and/or its Committee on
Defender Services, and with this Plan.
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with an effective date of January 1, 2020
III. FEDERAL PUBLIC DEFENDER ORGANIZATION
A. Recognition
The Office of the Federal Public Defender for the District of Colorado is recognized
as the federal public defender organization for this district. The Office of the Federal
Public Defender shall be capable of providing legal services throughout the district and
shall maintain its primary office in Denver, Colorado.
B. Supervision of Defender Organization
The Federal Public Defender shall be responsible for the supervision and
management of the Office of the Federal Public Defender for the District of Colorado.
Accordingly, the Federal Public Defender shall be appointed in all cases accepted by its
office and assigned to staff attorneys at the discretion of the Federal Public Defender.
C. Management of the CJA Panel
A CJA Supervisory Attorney, employed by the Office of the Federal Public
Defender, shall be the CJA Panel Administrator responsible for the systematic distribution
of cases to and for the management of the CJA Panel attorneys subject to the provisions
of this Plan. See generally, Guide to Judiciary Policy, Vol. 7A, Appx, 2A. The Federal
Public Defender shall be solely responsible for the selection, compensation, and
supervision of the CJA Supervising Attorney and any other panel training and
administrative staff. The CJA Supervisory Attorney shall be responsible for processing all
new CJA appointments and the administration of paneled cases through the eVoucher
case management and voucher review program.
1. Administration of the eVoucher case management and voucher
review program will include prompt review of claims for compensation, requests for
experts or other professional services, expenses, mathematical errors, work performed
but not compensable, work not undertaken or completed, and instances in which the
hours billed are clearly in excess of what was reasonably required to complete the task.
Guide to Judiciary Policy, Vol. 7A, §230.33.10.
2. Upon completion of the review process, the CJA Supervisory Attorney
shall forward to the appropriate judicial officer, requests for experts or other professional
services, requests to exceed statutory limits on fees, and claims for compensation and
reimbursement of expenses.
3. Except for requests for co-counsel, panel attorneys shall submit all
requests for professional services through eVoucher. Appointed co-counsel shall file an
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with an effective date of January 1, 2020
Entry of Appearance and shall separately submit claims for compensation and expenses
through eVoucher.
D. Coordination of Training
At the direction of the Federal Public Defender, the CJA Supervisory Attorney
training staff shall assist in the planning and administration of Continuing Legal Education,
use of the eVoucher case management and voucher review program, and other training
programs offered by the Office of the Federal Public Defender, in conjunction with the CJA
Standing Committee.
E. Roster of Appointments
The CJA Supervisory Attorney shall maintain a master list of CJA appointments.
The list shall include the date of each appointment, the case number, the name of the
defendant, the date of each refusal ("pass") by a CJA Panel attorney, and the reason for
each pass.
F. Reporting
1. If the CJA Supervisory Attorney determines that a CJA Panel attorney
has passed on three assignments during the applicable term of membership, the CJA
Supervisory Attorney shall report the name of the CJA Panel attorney to the Standing
Committee. The Standing Committee shall consider the information provided by the CJA
Supervisory Attorney and may make such further inquiry and take further action under the
Plan as the Standing Committee deems appropriate.
2. Biannually, or, as requested by the Standing Committee or the Court,
the Federal Public Defender shall report on the distribution of appointments.
G. Notice of CJA Plan
The CJA Supervisory Attorney shall provide a copy of this Plan to each member of
the Panel.
IV. THE CJA STANDING COMMITTEE
A. Membership
The CJA Standing Committee (“Standing Committee”) shall consist of seven
members. The Court shall appoint six current or former CJA Panel attorneys to sit on the
Standing Committee. These members shall serve for a term of three years and may be
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with an effective date of January 1, 2020
reappointed for one additional term of three years. The Federal Public Defender shall be a
permanent member of the Standing Committee. The Standing Committee shall select a
chairperson who shall serve for a term of not more than three years.
B. Duties
1. The Standing Committee shall review the operation and
administration of the Panel and recommend changes to this Plan deemed necessary or
appropriate. The Standing Committee may also inquire periodically as to the continued
availability and willingness of each CJA Panel attorney to accept appointments.
2. The Standing Committee shall also investigate complaints made
against a CJA Panel attorney and may recommend removal, suspension, or corrective
action in a confidential written communication to the Court through the Chief Judge.
3. The Standing Committee may recommend establishment of special
programs and procedures consistent with this Plan. If approved by the Court, special
programs and procedures not specifically provided by 18 U.S.C. §3006A, or the eVoucher
case management and voucher review program, shall be included in an Appendix to this
Plan.
C. Specialty Panels
1. With approval of the Court, the Standing Committee may establish
other specialty panels of attorneys to accept appointments in misdemeanors, petty
offenses, non-capital habeas cases, or remote areas in the District.
V. THE CJA SELECTION COMMITTEE
A. Membership
1. The Selection Committee shall consist of seven members who will
serve three-year terms. The Selection Committee shall include the chairperson and two
other members of the Standing Committee, three current or former CJA Panel attorneys
who are not members of the Standing Committee (chosen by the Standing Committee
from nominees or volunteers from the CJA Panel), and the Federal Public Defender or
his or her designee.
2. The members of the Selection Committee shall select a chairperson
who shall serve a term of not more than three years.
3. Except for members of the Standing Committee and the Federal
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with an effective date of January 1, 2020
Public Defender, or his or her designee, the three CJA Panel attorneys on the Selection
Committee shall serve staggered terms.
B. Duties
1. The Selection Committee shall meet as necessary to consider
applications for vacancies created by expired terms, removals, or attrition.
2. The CJA Selection Committee shall review the qualifications of
applicants, conduct further necessary inquiries, and recommend attorneys for placement
on the CJA Panel to the Standing Committee, which shall make its recommendation to the
Court through the Chief Judge.
VI. THE CJA PANEL
A. The Existing Panel
The existing CJA Panel is hereby recognized. Ongoing organization and
administration of the CJA Panel shall be governed by this Plan.
B. Membership Terms
Panel attorneys shall be appointed to serve three-year terms.
C. Size of the Panel
The Standing Committee shall consult with the Selection Committee as to the
optimal size of the Panel. In making recommendations as to the size of the CJA Panel,
the Standing Committee shall be guided by the need for the Panel to be large enough to
provide a sufficient number of experienced attorneys to handle the CJA caseload, yet
small enough so that Panel members will receive an adequate number of appointments
to maintain their proficiency in federal criminal defense work and provide a high quality
of representation.
With each set of renewal recommendations, the Standing Committee shall
update its advice as to the Panel’s size. The Court shall consider the recommendations
of the Standing Committee.
D. Membership and Eligibility
1. All qualified attorneys are encouraged to apply for membership on the
CJA Panel, and shall be considered without regard to race, color, religion, sex, age,
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with an effective date of January 1, 2020
national origin, sexual orientation, or disabling condition.
2. CJA Panel attorneys shall be selected on the basis of demonstrated
commitment, qualification, and skill in federal criminal practice.
3. Not every qualified applicant will necessarily be selected for
membership on the CJA Panel.
4. To be eligible for service on the Panel, an attorney shall certify that he
or she:
a. is a member in good standing of the bar of the Court;
b. has a working knowledge of this Plan, the Federal Rules of
Criminal Procedure, the Federal Rules of Evidence, the Local Rules of Practice of the
United States District Court for the District of Colorado, the individual practice standards of
the judges of the Court, and the United States Sentencing Commission Guidelines
Manual;
c. is competent to try the type of federal criminal case, i.e.,
felony, misdemeanor, petty offense, for which application is made;
d. is proficient with the technology, e.g., CM/ECF, computerized
legal research, electronic preparation and filing of required CJA forms necessary to
discharge the duties imposed by the Plan;
e. is willing to accept at least three appointments each year; and
f. will meet the Continuing Legal Education requirements set
forth in section VI (G).
E. Renewals
1. A CJA Panel attorney shall be given 60 days advance written notice
of the expiration of membership on the CJA Panel by the CJA Supervisory Attorney. To be
considered for renewal, the CJA Panel attorney shall submit an application for renewal
before the expiration of the applicable deadline.
2. Renewal applications shall be made available on the website of the
Court and at www.cocja.org.
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with an effective date of January 1, 2020
F. Approval
1. The Court may approve attorneys for membership on the CJA Panel
after receiving recommendations from the Standing Committee or on its own initiative.
2. Renewal is discretionary with the Court.
3. If the application for renewal of a CJA Panel attorney is not granted,
any existing CJA appointment shall continue until representation is concluded.
4. Deliberations of the Selection Committee, the Standing Committee,
and the Court shall be confidential.
G. Continuing Legal Education Requirements
1. During each year of a three-year term, a CJA Panel attorney shall
attend at least six hours of continuing legal education presented by either the Federal
Public Defender or the Standing Committee.
2. Before any appointment is assigned to a new Panel attorney, the
attorney shall attend and complete CJA Panel attorney orientation.
3. The CJA Supervisory Attorney shall implement a monitoring process
to ensure compliance with education requirements and shall inform the Standing
Committee, as necessary, of those CJA Panel attorneys who are not in compliance.
H. Maintaining the Panel List
1. The CJA Supervisory Attorney shall maintain the list of CJA Panel
attorneys, including current names, business addresses, email, and telephone numbers.
2. A CJA Panel attorney is solely responsible for promptly notifying the
CJA Supervisory Attorney of any change of firm association, business address, taxpayer
identification number, W-9 identifying information, email, or telephone number, and for
promptly recording and updating any changes in the eVoucher User Profile.
I. Capital Prosecutions
1. In every criminal action in which a defendant unable to afford counsel
is charged with a crime which may be punishable by death, or in any post-conviction
proceeding brought under 28 U.S.C. §§ 2254 or 2255 to set aside a death sentence, the
district judge to whom the case is assigned shall appoint the Federal Public Defender or
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one or more qualified CJA Panel attorneys, consistent with 18 U.S.C. §3599.
2. A special panel of attorneys who are learned in the law shall be
assembled by the Standing Committee for approval by the Court.
3. In assigning counsel under 18 U.S.C. §3005 and §3559, the presiding
district judge shall solicit and consider the recommendations of the Federal Public
Defender. Notwithstanding any other provision of this Plan, assignment of counsel under
18 U.S.C. §3005, shall be made by the presiding district judge.
J. Removal, Suspension, and Corrective Action
1. Membership on the CJA Panel is a privilege, not a right. All CJA
Panel attorneys serve at the discretion and pleasure of the Court and may be removed,
suspended, or subject to corrective action by the Court at any time.
2. The Standing Committee may consider whether a CJA Panel attorney
should be considered for removal, suspension, or corrective action. In considering
removal, suspension, or corrective action, the Standing Committee may consider all
relevant facts and circumstances, including, but not limited to, whether the CJA Panel
attorney has failed to fulfill the obligations of CJA Panel membership, including the duty to
provide competent and effective representation, or has engaged in other conduct that
renders inappropriate his or her continued membership on the CJA Panel or has refused
appointment three times during his or her term of appointment. If the Standing Committee
finds that a CJA Panel attorney should be referred to the Court for removal, suspension,
or corrective action, it shall first provide written notice and a reasonable opportunity to be
heard. If after such notice and hearing, the Standing Committee finds that the CJA Panel
attorney should be removed, suspended, or subject to corrective action, it shall forward its
confidential recommendation to the Court through the Chief Judge.
3. A CJA Panel attorney who is removed from the Panel may apply for
appointment to the CJA Panel during the next opening for applications. In the application,
the attorney shall note the earlier removal and explain why appointment to the Panel
should be granted. A CJA Panel attorney who is suspended or subject to corrective action
shall be reinstated to the Panel at the conclusion of the term of suspension or on
completion of the conditions of corrective action on proof that the CJA Panel attorney has
successfully completed all conditions required by the Court.
4. Denial of an application for renewal does not constitute removal.
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VII. ASSIGNMENT OF CASES TO THE CJA PANEL
A. Apportionment
Unless otherwise ordered, the Federal Public Defender shall be appointed to
represent any financially qualified defendant unless there exists a conflict of interest, or
the caseload of the Federal Public Defender necessitates declining the case. Where
practical and cost-effective, CJA Panel attorneys shall 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" shall be defined as not less than twenty-five
percent (25%) of annual appointments under this Plan.
B. Appointments
Appointments under the CJA shall be ordered generally by a judicial officer and
forwarded to the Office of the Federal Public Defender and the CJA Supervisory Attorney.
The CJA Supervisory Attorney shall be responsible for overseeing the assignment of
cases to CJA Panel attorneys. This responsibility shall include the obligation to contact
CJA Panel attorneys for assignment, secure the representation agreement, and
commitment to attend the initial appearance.
C. Procedure
Selection of a CJA Panel attorney shall be made on a rotational basis. This
procedure should result in a balanced distribution of appointments and compensation
among the CJA Panel. This procedure should also facilitate the quality of representation
by ensuring that CJA Panel attorneys receive enough appointments to remain proficient.
D. Special Appointments
When the judicial officer presiding over a criminal case determines that justice,
judicial economy, continuity of representation, or some other compelling circumstance
requires the appointment of a specific attorney who is not a member of the CJA Panel, the
judicial officer may make the appointment by an order, stating the reason, and appoint the
attorney for that case only. An attorney appointed specially under this provision of the Plan
shall comply with the Guidelines for the Administration of the Criminal Justice Act (Vol. VII,
Guide to Judiciary Policies and Procedures), this Plan, and use of the eVoucher program.
To preserve the integrity of the panel selection process, special appointments under this
provision should be made only in exceptional circumstances.
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with an effective date of January 1, 2020
VIII. PROFESSIONAL RESPONSIBILITIES OF PANEL ATTORNEYS
A. Standards
Defendants appointed counsel under the Plan shall be represented in parity with
defendants who are financially able to obtain adequate counsel.
B. Professional Conduct
Counsel appointed pursuant to the CJA shall conform to the highest standards of
professional conduct, including but not limited to the provisions of the American Bar
Association's Model Rules of Professional Conduct. Counsel are obliged to follow the
Local Rules of the United States District Court for the District of Colorado and the Local
Rules of the United States Circuit Court for the Tenth Circuit.
C. Other Case Compensation Prohibited
Appointed counsel shall not require, request, or accept any payment or promise of
payment or any other valuable consideration for representation under the appointment,
unless such payment is approved by order of the presiding judicial officer.
IX. PAYMENT FOR REPRESENTATION
A. Filing of Claims
1. Claims for compensation or reimbursement by panel attorneys or
experts shall be submitted through the eVoucher program. To ensure compliance, all new
Panel attorneys shall attend eVoucher training scheduled by the CJA Supervisory
Attorney as part of new Panel Attorney orientation.
2. The CJA Supervisory Attorney shall promptly review all claims, reject
any claims not in compliance with the Guidelines for the Administration of the Criminal
Justice Act or provision of this Plan, and forward claims to the appropriate judicial officer.
Where representation was furnished exclusively before a United States Magistrate Judge,
and unless otherwise ordered by the Court, the United States Magistrate Judge will be the
appropriate judicial officer. In all other cases, the claim shall be submitted by the CJA
Supervisory Attorney to the presiding district judge.
3. When requested by an eVoucher user, the CJA Supervisory Attorney
shall promptly inform the user of the status of that claim. The CJA Supervisory Attorney
and the presiding judicial officer shall exert reasonable efforts to avoid delays in
processing claims.
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with an effective date of January 1, 2020
B. Authorization of Payments in Excess of Statutory Case Compensation
Maximums
Payments in excess of statutory compensation limits may be approved to provide
fair compensation where deemed appropriate by the presiding judicial officer and
approved by the Chief Judge of the Circuit (or by a Circuit Judge in regular active service
to whom excess compensation approval authority has been delegated), and in
accordance with Circuit review protocol. Requests for compensation in excess of the CJA
case compensation limits shall be made through the eVoucher case management and
voucher review program and pursuant to the Guide to Judiciary Policy, Vol. 7A, §230.23.
C. Disallowance or Reduction of a Claim
The disallowance or reduction of a claim shall be governed by the standards
adopted by the Judicial Conference on September 13, 2018 and incorporated into the
Guide on May 21, 2019. Panel attorneys who wish to challenge any reduction to vouchers
that have been made by the presiding judge, may do so in a written justification submitted
to the Chief Judge. If the presiding judge is the Chief Judge, the written challenge shall
be submitted to the next most senior active district judge.
X. IMPLEMENTATION AND AMENDMENT OF THE PLAN
A. Enabling Local Rules and Orders
The Court may adopt local rules, enter orders, or implement projects necessary to
further facilitate this Plan.
B. Amendment of the Plan by the Court
The Plan may be amended, corrected, revised, or supplemented by the Court at
any time, with the approval of the 10th Circuit Judicial Council.
APPROVED BY THE COURT in Denver, Colorado this 2nd day of October 2019 with
an effective date of January 1, 2020.
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with an effective date of January 1, 2020
MINUTES OF THE JUDICIAL COUNCIL
OF THE TENTH CIRCUIT
December 3, 2019
The Judicial Council has approved the proposed amendments to the CJA Plan
of the United States District Court for the District of Colorado. The court may choose the
effective date of the new plan and shall notify the Administrative Office of the
United States Courts of the modifications to the plan pursuant to 18 U.S.C. § 3006A.
The Judicial Council
By:
David Tighe
Circuit Executive and Secretary to the
Judicial Council of the Tenth Circuit
