USDC DNJ
DOCUMENT
IN THE UNITED STATES DISTRICT COURT
ELECTRONICALLY FILED
FOR THE DISTRICT OF NEW JERSEY DOC #: ___________________
DATE FILED: _______________
4/15/2020
IN RE: FIRST STEP ACT OF 2018 (Dec.
21, 2018), § 603(b) Standing Order 2020-08
Pursuant to the provisions of the Criminal Justice Act, Title 18, U.S.C. § 3006A(a)(l) and
(c), the Office of the Federal Public Defender for the District of New Jersey is hereby appointed
to represent any defendant previously determined to have been entitled to appointment of
counsel, or who was previously represented by retained counsel and is presently indigent, to
determine whether that defendant is eligible to petition the Court for compassionate release and
to present any motions or applications for compassionate release in accordance with Section
603(b) of the First Step Act of 2018.
The United States Probation Office for the District of New Jersey and the United States
District Court Clerk's Office for the District of New Jersey are authorized to disclose Presentence
Investigation Reports, Judgments in a Criminal Case, and Statements of Reasons to the Office of
the Federal Public Defender for the purpose of determining eligibility for relief, and for
determining whether a conflict of interest precludes the Federal Public Defender from
representing a client. In accordance with Federal Bureau of Prisons policy, no Presentence
Investigation Reports or Statements of Reasons will be provided to inmates. Should the Federal
Public Defender determine that there is a prohibitive conflict in which the prospective client' s
interests are materially adverse to those of a current or former client with regard to representation
of a defendant in the litigation, the Court shall be notified and the Clerk of the Court is
authorized to appoint a member of the Criminal Justice Act Panel of this District.
The Court shall notify the Federal Public Defender of all pending pro se motions seeking
relief under Section 603(b) of the First Step Act for compassionate release so the Federal Public
Defender can assume representation in a timely fashion. If the Federal Public Defender or the
United States Probation Office receives directly or otherwise becomes aware of any such
pending motions, that office shall so advise the Court. The Court also will notify the Federal
Public Defender when any new motion under the First Step Act for compassionate release is
filed by an inmate pro se.
For purposes of determining whether to file, or filing, a motion on behalf of any
defendant in a closed criminal case seeking relief under Section 603(b) of the First Step Act for
compassionate release or reduction of sentence, the U.S. Probation Office and the Clerk of Court
are authorized without further order to provide to the Office of the Federal Public Defender any
records from the court file, including the Presentence Report, Statement of Reasons, criminal
history records, and any sealed documents, with the exception that this order does not authorize
disclosure of the sentencing recommendation.
In the event that the sentencing Judge in the original proceeding is no longer a member of
the Bench of this District, the case shall be reassigned at the discretion of the Court.
IT IS SO ORDERED
15th
this ________ day of APRIL, 2020
____________________________________
Freda L. Wolfson
U.S. Chief District Judge
