The Law Mind

General Order 2023-32 Re: Appointment of CJA Counsel in Certain Cases Under 28 U.S.C. § 2241 and 28 U.S.C. § 2255

S.D. Ind. Standing Order — General Order 2023-32 Re: Appointment of CJA Counsel in Cert

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA ) IN THE MATTER OF: ) No. 23-mc-00001 ) APPOINTMENT OF CJA COUNSEL IN ) GENERAL ORDER / CERTAIN CASES UNDER 28 U.S.C. § 2241 ) ADMINISTRATIVE POLICY AND 28 U.S.C. § 2255 ) 2023-32 ) ) GENERAL ORDER To the extent this Order differs from other orders of the Court on this subject, this Order supersedes and replaces those orders. On August 6, 2015 and August 21, 2019, respectively, this Court issued orders appointing counsel for all indigent defendants pursuing relief under the decision in Johnson v. United States, 576 U.S. 591 (2015) and under the decisions in Rehaif v. United States, 588 U.S. ___, 139 S.Ct. 2191 (2019) and United States v. Davis, 588 U.S. ___, 139 S.Ct. 2319, 2336 (2019). The passage of time since these decisions issued has significantly reduced the need for the assistance of counsel to properly determine whether a defendant is entitled to relief based on these decisions. In light of this, counsel will no longer be automatically appointed. Counsel may, however, be appointed pursuant to the Criminal Justice Act on a case-by-case basis in the discretion of the presiding judge. Accordingly, the Court's orders of August 6, 2015 and August 21, 2019 are VACATED. SO ORDERED. For the Court, Date: 9/21/2023
Official source: https://www.insd.uscourts.gov/sites/insd/files/2023.09.21%20GO-Policy%202023-32%20Vacate%2 · retrieved 2026-07-23