UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
IN THE MATTER OF AMENDMENTS TO
THE CRIMINAL JUSTICE ACT PLAN Administrative Order No. 25-MS-050
____________________________________/
In accordance with a revised Criminal Justice Act Plan adopted by this Court on March 14,
2025, and approved by the Sixth Circuit Judicial Council and Chief Judge Jeffrey S. Sutton on
June 6, 2025, the current Criminal Justice Act Plan is hereby amended and replaced with the
attached CJA Plan.
IT IS SO ORDERED.
FOR THE COURT:
Dated: June 11, 2025
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
United States District Court
for the
Western District of
Michigan
Criminal Justice Act Plan
I. Authority ............................................................................................................... 1
II. Statement of Policy............................................................................................... 1
A. Objectives .................................................................................................. 1
B. Compliance ................................................................................................ 1
III. Definitions ............................................................................................................. 2
A. Representation .......................................................................................... 2
B. Appointed Attorney .................................................................................... 2
C. CJA Panel Administrator ............................................................................ 2
IV. Determination of Eligibility for CJA Representation .............................................. 2
A. Subject Matter Eligibility ............................................................................. 2
1. Mandatory ....................................................................................... 2
2. Discretionary ................................................................................... 4
3. Ancillary Matters.............................................................................. 4
B. Financial Eligibility ..................................................................................... 5
1. Presentation of Accused for Financial Eligibility Determination ....... 5
2. Factual Determination of Financial Eligibility ................................... 7
V. Timely Appointment of Counsel ............................................................................ 9
A. Timing of Appointment ............................................................................... 9
B. Retroactive Appointment of Counsel ......................................................... 9
VI. Provision of Representational Services ................................................................ 9
A. Federal Public Defender and Private Counsel ........................................... 9
B. Administration ............................................................................................ 9
C. Apportionment of Cases .......................................................................... 10
D. Number of Counsel .................................................................................. 10
E. Capital Cases .......................................................................................... 10
VII. Standards and Professional Conduct ................................................................. 10
VIII. Federal Public Defender Office........................................................................... 11
A. Establishment .......................................................................................... 11
B. Workload.................................................................................................. 11
C. Private Practice of Law ............................................................................ 11
D. Supervision of FPDO ............................................................................... 11
E. Mentoring ................................................................................................. 12
F. Training .................................................................................................... 12
IX. Establishment of a CJA Panel ............................................................................ 12
A. Approval of CJA Panel ............................................................................. 12
B. Size .......................................................................................................... 13
C. Qualifications and Membership on the CJA Panel ................................... 13
1. Application .................................................................................... 13
2. Equal Opportunity ......................................................................... 13
3. Eligibility ........................................................................................ 13
4. Terms ............................................................................................ 14
5. Reappointment of CJA Panel Members ........................................ 14
6. Removal of a Lawyer from the CJA Panel ..................................... 14
X. CJA Panel Appointment in Non-Capital Cases ................................................... 15
A. Maintenance of List .................................................................................. 15
B. Method of Appointment ............................................................................ 16
XI. Duties of CJA Panel Members............................................................................ 17
A. Training and Continuing Legal Education ................................................ 17
B. Facilities and Technology Requirements ................................................. 17
C. Continuing Representation ...................................................................... 18
D. Miscellaneous .......................................................................................... 18
XII. Compensation of CJA Panel Attorneys .............................................................. 19
A. Policy of the Court Regarding Compensation .......................................... 19
B. Payment Procedures ............................................................................... 19
XIII. Investigative, Expert, and Other Services ........................................................... 20
A. Financial Eligibility ................................................................................... 20
B. Applications ............................................................................................. 20
C. Compliance .............................................................................................. 21
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 ............... 24
1. General Requirements .................................................................. 24
ii
2. Qualifications of Learned Counsel ................................................ 25
3. Qualifications of Second and Additional Counsel .......................... 26
D. Appointment and Qualifications of Direct Appeal Counsel in Federal Death
Penalty Cases.......................................................................................... 27
E. Appointment and Qualifications of Post-Conviction Counsel in Federal
Death Penalty Cases (28 U.S.C. § 2255) ................................................ 28
XV. Effective Date ..................................................................................................... 29
iii
United States District Court
For the Western District of Michigan
Criminal Justice Act Plan
I. Authority
Under the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. § 3006A,
and Guide to Judiciary Policy (Guide), Volume 7A, the judges of the United
States District Court for the Western District of Michigan adopt this Plan, as
approved by the Circuit, for furnishing representation in federal court for any
person financially unable to obtain adequate representation consistent with the
CJA.
II. Statement of Policy
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), and 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 Clerk, the Federal Public Defender Office
(FPDO) and private attorneys appointed under the CJA must
comply with Guide, Vol. 7A, approved by the Judicial
Conference of the United States or its Committee on Defender
Services, and with this Plan.
2. The Court will ensure that a current copy of the CJA Plan is
made available on the Court’s website. The Federal Public
Defender will provide private attorneys with a current copy of this
Plan upon the attorney’s first appointment under the CJA or
designation as a member of the panel of private attorneys
under the Criminal Justice Act (CJA Panel). The Federal Public
Defender shall also maintain a current copy of the Guide,
Volume 7A for the use of members of the CJA Panel and shall
make its availability known to such attorneys. Failure to
familiarize him or herself with this Plan shall not excuse an
attorney from complying with its provisions.
III. Definitions
A. Representation
“Representation” includes counsel and investigative, expert, and
other services.
B. Appointed Attorney
“Appointed attorney” includes private attorneys, the Federal Public
Defender, and staff attorneys of the FPDO.
C. CJA Panel Administrator
“CJA Panel Administrator” is a person designated by the Federal
Public Defender to administer the CJA Panel.
IV. Determination of Eligibility for CJA Representation
A. Subject Matter Eligibility
1. Mandatory
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Representation shall 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;
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
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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;
d. Has been called as a witness before a grand jury, a
court, 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
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proceedings under 18 U.S.C. § 3006A(c). 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 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 the United States Attorney’s Office and Law
Enforcement Agencies
(i) The United States Attorney’s Office and federal
law enforcement agencies recognize their
obligation to continue to comply with all applicable
laws, standards, and procedures related to the
appointment of counsel.
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(ii) Employees of the United States Attorney’s Office
and federal 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.
(iii) At or before the initial appearance of a person
accused of a crime, upon the return or unsealing
of an indictment, the filing of a criminal
information, or the filing of a complaint or petition
to modify or revoke probation or supervised
release, the accused shall be provided a copy of
the charging document by the United States
Marshal prior to the initial appearance or, if not so
received, by the United States Attorney’s Office at
the initial appearance. When the accused is
directed by summons to appear to answer to an
indictment, information, or complaint, the United
States Attorney’s Office will provide a copy of the
charging document along with the cover letter
notifying him or her of the date to appear.
b. Duties of the Federal Public Defender Office
(i) In cases in which the Federal Public Defender
may be appointed, the office will:
• immediately investigate and determine
whether an actual or potential conflict exists;
and
• in the event of an actual or potential conflict
facilitate the timely appointment of other
counsel.
(ii) When practicable, the FPDO will discuss with the
person who indicates that he or she is not
financially able to secure representation the right
to appointed counsel and, if appointment of
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counsel seems likely, assist in the completion of a
financial affidavit (Form CJA 23).
c. Duties of the United States Probation and Pretrial
Services Office
(i) The United States Probation and Pretrial Services
Office shall promptly ask any person who is in
custody, or who otherwise may be entitled to
counsel under the CJA, whether he or she is
financially able to secure representation, and,
whenever such person indicates that he or she is
not able, shall assist in the completion of a
financial affidavit (CJA Form 23) and notify and
provide the completed form to the Court.
(ii) When practicable, unless the right to counsel is
waived or the defendant otherwise consents to a
pretrial service interview without counsel,
financially eligible defendants will be provided
appointed counsel prior to being interviewed by a
pretrial services officer.
(iii) When counsel has been appointed, the pretrial
services officer will provide counsel notice and a
reasonable opportunity to attend any interview of
the defendant by the pretrial services officer prior
to the initial pretrial release or detention hearing.
(iv) When the accused is directed by summons to
appear to answer to a petition to modify or revoke
probation or supervised release, the United
States Probation and Pretrial Services Office will
provide a copy of the petition along with the cover
letter notifying him or her of the date to appear.
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
7
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 his or her dependents
with the necessities of life, the cost of securing pretrial
release, asset encumbrance, and the likely cost of
retained counsel.
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).
8
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 consistent with the
general provisions of this Plan.
V. Timely Appointment of Counsel
A. Timing of Appointment
Counsel shall 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.
VI. Provision of Representational Services
A. Federal Public Defender and Private Counsel
This Plan provides for representational services by the FPDO and
for the appointment and compensation of private counsel from a CJA
Panel list maintained by the Federal Public Defender in cases
authorized under the CJA and related statutes.
B. Administration
9
Administration of the CJA Panel, as provided in this Plan, is
delegated and assigned to the Federal Public Defender.
C. 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.
D. Number of Counsel
More than one attorney may be appointed in any case determined
by the Court to be extremely difficult.
E. 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. § 2255 are in Section XIV of this Plan.
VII. Standards and Professional Conduct
A. Attorneys appointed under the CJA 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. See Polk County v. Dodson, 454 U.S.
312, 318 (1981) (“’Once a lawyer has undertaken the representation
of an accused, the duties and obligations are the same whether the
lawyer is privately retained, appointed, or serving in a legal aid or
defender program.’” (quoting ABA Standards for Criminal Justice
section 4-3.9 (2d ed. 1980)).
B. Attorneys appointed under the CJA must conform to the highest
standards of professional conduct, including but not limited to the
rules of professional conduct for each state in which an attorney is
licensed to practice law. Additionally, attorneys employed by any
federal public defender organization must conform to the Code of
10
Conduct for Federal Public Defender Employees, and attorneys
appointed in a capital proceeding must comply with the American
Bar Association’s Guidelines for the Appointment and Performance
of Counsel in Death Penalty Cases.
C. Attorneys appointed under the CJA must notify the Federal Public
Defender within 10 days 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 attorney by any state or federal court. This is in addition
to the attorney’s obligations under Local General Rule 2.3 of the
Local Rules of Practice and Procedure for the Western District of
Michigan.
D. This section shall apply to all attorneys who render services under
the CJA, including attorneys from the FPDO, attorneys from other
defender organizations, and private counsel appointed to render
services.
VIII. Federal Public Defender Office
A. Establishment
The FPDO for the Western District of Michigan, previously
established in this district pursuant to the provisions of the CJA, is
responsible for rendering defense services on appointments
throughout the district.
B. Workload
The FPDO will continually monitor the workloads of its staff to
ensure high quality representation for all clients.
C. Private Practice of Law
Neither the Federal Public Defender nor any defender employee
may engage in the private practice of law except as authorized by
the Federal Public Defender Code of Conduct.
D. Supervision of FPDO
11
The Federal Public Defender shall be responsible for the supervision
and management of the FPDO. Accordingly, the Federal Public
Defender shall be appointed in all cases assigned to that office, and
these cases may be subsequently reassigned to staff attorneys or
CJA Panel attorneys at the discretion of the Federal Public
Defender. Not later than January 31 of each year, the FPDO shall
provide the Court with a list of all defendants assigned to that office
during the preceding calendar year, along with such related
information which will assist the Court in reviewing the distribution of
case assignments between the FPDO and the CJA Panel.
E. Mentoring
The Federal Public Defender will provide mentors for new attorneys
joining the FPDO as well as attorneys joining the CJA Panel. In
addition, the FPDO, working together with experienced CJA Panel
attorneys, will recruit attorneys interested in serving on the panel and
mentor them so they can qualify for consideration for appointment to
the CJA Panel. Efforts will be made to recruit a diverse and qualified
Panel.
F. Training
The Federal Public Defender will assess the training needs of FPDO
staff and panel attorneys and provide training opportunities and
other educational resources. This assessment will include the input
of the CJA Panel Administrator, the CJA Panel Representative, and
members of the panel.
IX. Establishment of a CJA Panel
A. Approval of CJA Panel
1. The Court shall establish a Panel of private attorneys who are
eligible and willing to be appointed to provide representation
under the Criminal Justice Act. The Court shall approve
attorneys for membership on the Panel after receiving
recommendations from the judges who serve on the Court’s
Criminal Law Committee and the Federal Public Defender.
Members of the CJA Panel shall serve at the pleasure of the
Court.
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B. Size
1. The size of the CJA Panel will periodically be adjusted to meet
the needs of the district.
2. The CJA Panel shall 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 thereby
provide a high quality of representation.
C. Qualifications and Membership on the CJA Panel
1. Application
a. Application forms for membership on the CJA Panel shall
be made available, upon request, by the FPDO. Completed
applications shall be submitted to the Federal Public
Defender who will transmit the applications to the Court.
2. Equal Opportunity
a. All qualified attorneys shall be encouraged to apply for
membership without regard to race, color, religion, sex,
age, national origin, or disabling condition.
3. Eligibility
a. Attorneys who serve on the CJA Panel must be members in
good standing of the federal bar of this district, and the
Sixth Circuit Court of Appeals;
b. have criminal trial experience; and
c. have demonstrated experience in knowledge of federal
criminal law, the Federal Rules of Criminal Procedure, the
Federal Rules of Evidence, and the Federal Sentencing
Guidelines.
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4. Terms
a. Lawyers selected for the CJA Panel will serve a three-year
term. Any member selected with no previous panel
experience shall serve a one-year probationary period.
5. Reappointment of CJA Panel Members
a. The CJA Panel Administrator 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 his or her current term.
c. The Federal Public Defender and the CJA Panel
Administrator will solicit input concerning the quality of
representation provided by lawyers seeking reappointment.
d. Factors to be considered for reappointment will include
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 provided in this Plan.
6. Removal of a Lawyer from the CJA Panel
a. Automatic Removal
i. Any member of the CJA Panel whose license is revoked
or suspended by an Attorney Discipline Board of any
state or for any other reason is no longer a member in
good standing of the state bar and the Bar of this Court,
shall be removed automatically from the CJA Panel.
Upon reinstatement to membership in good standing of
14
his or her state bar and the Bar of this Court, an
attorney who desires to be reinstated to the CJA Panel
shall proceed as on original application.
b. Other Removal; Reinstatement
In the event that a District Judge or United States
Magistrate Judge considers that an attorney should be
removed from the CJA Panel for reasons other than bar
membership status including, but not limited to, formal
accusation of a crime, conviction of a crime not resulting in
action by the Attorney Discipline Board, indications of lack
of professional competence or lack of adherence to ethical
standards, indications of mental or emotional instability
affecting professional responsibilities, and indications of a
lack of desire to accept or handle case assignments,
referral of the matter shall be made to the Court’s Criminal
Law Committee. Upon consideration of the Committee’s
report, the Court may remove the attorney from the CJA
Panel, either permanently or for a period of time. Prior to
making its determinations, the Court may, within its sole
discretion, give the attorney written notice of its intended
action and may also afford the attorney an opportunity to be
heard before a hearing panel designated by the Chief
Judge, which panel shall then submit a report to the Court.
Any attorney removed under this provision who desires to
be reinstated to the CJA Panel shall proceed as on original
application.
In the event that a district judge or magistrate judge
identifies a problem with a CJA Panel attorney not serious
enough to warrant removal, the Judge may refer the matter
to the Federal Public Defender for appropriate action.
X. CJA Panel Appointment in Non-Capital Cases
A. Maintenance of List
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1. The Federal Public Defender is responsible for overseeing the
appointment of cases to CJA Panel attorneys. The Federal
Public Defender shall 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 and experience. The Federal Public
Defender shall furnish a copy of this list to each district judge
and magistrate judge.
2. The Federal Public Defender shall also maintain a record of
assignments to private counsel, and when appropriate,
statistical data reflecting the proration of appointments
between attorneys from the FPDO and private attorneys,
according to the formula described in this Plan.
B. Method of Appointment
1. Appointments from the CJA Panel should generally be made
on a rotational basis. The Federal Public Defender may
appoint counsel outside the normal rotation due to the nature
and complexity of the case, an attorney’s experience, and
geographical considerations. This procedure should result in
a balanced distribution of appointments and compensation
among the members of the CJA Panel, and effective and
quality representation for each CJA defendant.
2. Upon determination of a need for the appointment of counsel,
the district judge or magistrate judge shall advise the Federal
Public Defender as to the need for counsel and the nature of
the case.
3. The Federal Public Defender, through the CJA Panel
Administrator, shall then determine whether to continue the
representation personally, reassign the case to a staff
attorney, or assign the case to a CJA Panel attorney. Under
exceptional circumstances, the Federal Public Defender may
assign a case to a private attorney who is not on the CJA
Panel list.
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4. In exceptional circumstances, if the Court determines that the
appointment of an attorney who is not a member of the CJA
Panel or the FPDO, is in the interest of justice, judicial
economy, or continuity of representation, or there is some
other compelling circumstance warranting his or her
appointment, an attorney may be admitted to the CJA Panel
pro hac vice and appointed to represent a CJA defendant.
Consideration for preserving the integrity of the Panel
selection process suggests that such appointments should be
made only in exceptional circumstances. Further the attorney
should possess such qualities as would qualify him or her for
admission to this district’s CJA Panel in the ordinary course of
panel selection.
5. CJA Panel attorneys are expected to be available to represent
defendant(s) at the same stage of the proceedings as is the
FPDO.
XI. Duties of CJA Panel Members
A. 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.
2. Attorneys on the CJA Panel will familiarize themselves with
the Electronically Stored Information (ESI) protocol found on
the fd.org website and entitled “Recommendations for
Electronically Stored Information Discovery Production in
Federal Criminal Cases.”
3. CJA Panel attorneys are expected to attend at least one
training program by the FPDO per year or attend a training
program offered by other entities, including, but not limited to,
those offered by Defender Services at fd.org.
4. Failure to comply with these training requirements may be
grounds for removal from the CJA Panel.
B. Facilities and Technology Requirements
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1. CJA panel attorneys must have the facilities, resources, and
technological capabilities 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.
C. Continuing Representation
Once counsel is appointed under the CJA, counsel shall continue
the representation until the matter, including appeals or review by
certiorari (as governed by the Circuit CJA Plan provisions
concerning representation on appeal), is closed, until substitute
counsel has filed a notice of appearance, until an order is entered
allowing or requiring the person represented to proceed pro se, or
until the appointment is terminated by court order. The Circuit CJA
Plan is currently available on the Sixth Circuit Court of Appeals
website.
D. Miscellaneous
1. Case budgeting
In non-capital representations of unusual complexity that are
likely to become extraordinary in terms of cost, the Court may
require development of a case budget consistent with Guide,
Vol. 7A, §§ 230.26.10–20.
2. No receipt of other payment
Appointed counsel may not require, request, or accept any
payment or promise of payment or any other valuable
consideration for representation under the CJA, unless such
payment is approved by order of the Court.
3. If, at any time after appointment, appointed counsel obtains
information that a client is financially able to make payment in
whole or in part, for legal or other services in connection with
18
his or her representation, and the source of the attorney’s
information is not protected as a privileged communication,
counsel shall advise the Court.
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 cuts should be limited to:
a. Mathematical errors;
b. Instances in which work billed was not compensable;
c. Instances in which work was not undertaken or
completed; and
d. Instances in which the hours billed are clearly in excess
of what was reasonably required to complete the task.
B. Payment Procedures
1. Claims for compensation must be submitted on the
appropriate CJA form through the Court’s eVoucher system.
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 Federal Public Defender or their designee will review the
claim for mathematical and technical accuracy and for
conformity with Guide, Vol. 7A and, if correct, will forward the
claim for consideration and action by the presiding judge.
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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.
5. Except in cases involving mathematical corrections, no claim
for compensation submitted for services provided under the
CJA will be reduced without affording counsel notice and the
opportunity to be heard.
6. The Court, when contemplating reduction of a CJA voucher for
other than mathematical reasons, may refer the voucher to the
Federal Public Defender for review and recommendation
before final action on the claim is taken. See: Section VIII of
this Plan.
7. Notwithstanding the procedure described above, the Court
may, in the first instance, contact appointed counsel to inquire
regarding questions or concerns with a claim for
compensation. In the event that the matter is resolved to the
satisfaction of the court and the CJA Panel member, the claim
for compensation need not be referred to the Federal Public
Defender for review and recommendation.
XIII. Investigative, Expert, and Other Services
A. 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.
B. Applications
Requests for authorization of funds for investigative, expert, and
other services must be submitted in an ex parte application to the
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court (using the Court’s eVoucher system) and must not be
disclosed except with the consent of the person represented or as
required by law or Judicial Conference policy.
C. Compliance
Counsel must comply with Judicial Conference policies set for in
Guide, Vol. 7A, Ch. 3.
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 of 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
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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 U.S. 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 (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, case budgeting, 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. In appointing counsel in capital cases, judges should consider
and give due weight to the recommendations made by federal
defenders and resource counsel and articulate reasons for not
doing so.
7. 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
22
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).
8. All attorneys appointed in federal capital cases must be well
qualified, by virtue of their training, commitment, and
distinguished prior capital defense experience at the relevant
stage of the proceeding, to serve as counsel in this highly
specialized and demanding litigation.
9. All attorneys appointed in federal capital cases must have
sufficient time and resources to devote to the representation,
taking into account their current caseloads and the
extraordinary demands of federal capital cases.
10. 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.
11. All attorneys appointed in federal capital cases should consult
regularly with the appropriate Resource Counsel projects.
12. There should be no formal or informal non-statutory budgetary
caps on capital cases, whether in a capital trial, direct appeal,
or habeas matter
13. All capital cases should be budgeted with the assistance of
case-budgeting attorneys and/or resource counsel where
appropriate.
14. Questions about the appointment and compensation of
counsel and the authorization and payment of investigative,
expert, and other service providers in federal capital cases
should be directed to the AO’s Defender Services Office,
Legal and Policy Division Duty Attorney at 202-502-3030 or by
email at
[email protected].
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C. Appointment of Trial Counsel in Federal Death-Eligible Cases1
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. In appointing counsel, judges should give due weight to
the recommendations made by federal defenders and
resource counsel and articulate reasons for not doing
so.
1
The Judicial Conference adopted detailed recommendations on the appointment and
compensation of counsel in federal death penalty cases in 1998 (JCUS-SEP 98, p. 22). In
September 2010, the Defender Services Committee endorsed revised commentary to the
Judicial Conference’s 1998 recommendations. CJA Guidelines, Vol. 7A, Appx. 6A
(Recommendations and Commentary Concerning the Cost and Quality of Defense
Representation (Updated Spencer Report, September 2010)) (“Appx. 6A”) is available on the
judiciary’s website.
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f. 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 that the Federal
Public Defender has been notified of the need to
appoint capital qualified counsel.
g. 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.
h. 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 together with cost
and other efficiencies.
i. 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 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 his or her qualifications. Appointment of
counsel from outside the jurisdiction is common in
federal capital cases to achieve cost and other
efficiencies together with high quality representation.
b. Learned counsel must meet the minimum experience
standards 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
25
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 provided 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.
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.
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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. In appointing appellate counsel, judges should give due
weight to the recommendations made by federal defenders
and resource counsel and articulate reasons for not doing so.
3. Counsel appointed to represent a death-sentenced federal
appellant should include at least one attorney who did not
represent the appellant at trial.
4. Each trial counsel who withdraws should be replaced with
similarly qualified counsel to represent the defendant on
appeal.
5. 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 together with cost and other efficiencies.
6. Appellate counsel, between them, should have distinguished
prior experience in federal criminal appeals and capital
appeals.
7. 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).
8. 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.
27
9. 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.
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. Due to the complex, demanding, and protracted nature of
death penalty proceedings, the court should consider
appointing at least two attorneys.
3. 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.
4. When appointing counsel in a capital § 2255 matter, the court
should consider the recommendation of the Federal Public
Defender, who will consult with the Federal Capital Habeas
§ 2255 Project.
5. In appointing post-conviction counsel, judges should give due
weight to the recommendations made by federal defenders
and resource counsel and articulate reasons for not doing so.
6. Out-of-district counsel, including federal defender organization
staff, who possess the requisite expertise may be considered
for appointment in capital § 2255 cases to achieve high quality
representation together with cost and other efficiencies.
7. Local or circuit restrictions prohibiting capital habeas units
(CHUs) from engaging in cross-district or cross-circuit
28
representation should not be imposed without good cause.
Every district should have access to a CHU.
8. Counsel in § 2255 cases should have distinguished prior
experience in the area of federal post-conviction proceedings
and in capital post-conviction proceedings.
9. When possible, post-conviction counsel should have
distinguished prior experience in capital § 2255
representations.
10. 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.
11. 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.
XV. Effective Date
This Plan will become effective when approved by the Judicial Council of the
Sixth Circuit.
ENTERED FOR THE COURT ON MARCH 14, 2025.
_________________________________
CHIEF JUDGE, DISTRICT COURT
APPROVED BY THE JUDICIAL COUNCIL OF THE ___CIRCUIT ON (month)
(day), (year).
__________________________________
CHIEF JUDGE, COURT OF APPEALS
29
CERTIFICATE OF APPROVAL
This is to certify that, in accordance with the Criminal Justice Act of 1964 as amended,
18 U.S.C. § 3006A, et seq., the Judicial Council of the Sixth Circuit of the United States did
receive and approve via mail ballot dated May 27, 2025, the foregoing revised Criminal Justice
Act Plan for the Western District of Michigan. The revised plan shall become effective upon
the date of this approval.
This 6th day of June 2025.
Jeffrey S. Sutton, Chief Judge
