UNITED STATES DISTRICT COURT
Western District of New York
Revised Plan for
Furnishing Representation pursuant
to the Criminal Justice Act
18 U.S.C. § 3006A
Adopted by the Judges of the
Western District of New York
on October 29, 2021
Approved by the Judicial Council
of the Second Circuit
on ______________________
United States District Court
For the Western District of New York
Criminal Justice Act Plan
TABLE OF CONTENTS
I. Authority……………………………………………………………… 1
II. Statement of Policy ………………………………………………… 1
III. Definitions …………………………………………………………… 2
IV. Determination of Eligibility for CJA Representation ……………. 2
V. Timely Appointment of Counsel ………………………………….. 7
VI. Provision of Representational Services …………………………. 8
VII. Federal Public Defender’s Office ………………………………… 9
VIII. CJA Panel of Private Attorneys ………………………………….. 10
IX. Establishment of a CJA Panel …………………………………… 12
X. Mentoring Program ……………………………………………….. 17
XI. CJA Panel Attorney Appointment in Non-Capital Cases ……... 18
XII. Duties of CJA Panel Members …………………………………… 19
XIII. Compensation of CJA Panel Attorneys …………………………. 21
XIV. Investigative, Expert, and Other Services ………………………. 22
XV. Appointment of Counsel and Case Management of
Capital Cases ………………………………………………………. 23
XVI. Effective Date ………………………………………………………. 31
United States District Court
For the Western District of New York
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 New York adopt this Plan, as approved by the circuit,
for furnishing representation in federal court for any person financially unable to obtain
adequate representation in accordance 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), Guide, Vol. 7A, and the Second Circuit CJA
Policy and Procedure Manual (“Second Circuit Manual”) 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 organization, 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, with the Second Circuit
Manual, 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, and provided to CJA counsel upon
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the attorney’s designation as a member of the CJA panel of private
attorneys (CJA Panel).
III. Definitions
A. Representation
“Representation” includes counsel and investigative, expert, and other
services.
B. Appointed Attorney
“Appointed attorney” is an attorney designated to represent a financially
eligible person under the CJA and this Plan. Such attorneys include
private attorneys, the Federal Public Defender, and staff attorneys of the
federal public defender organization.
C. CJA Administrator
“CJA 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
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;
c. is charged with a violation of probation, or faces a change of
a term or condition of probation, unless expressly waived by
the probationer;
d. is under arrest, when such representation is required by law;
e. is entitled to appointment of counsel in parole proceedings;
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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 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 charged with civil or criminal contempt and faces loss of
liberty;
l. 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;
m. has been advised by the United States attorney or a law
enforcement officer that he or she is the target of a grand
jury investigation;
n. is proposed by the United States Attorney for processing
under a pretrial diversion program; or
o. is held for international extradition under 18 U.S.C. Chapter
209;
p. is entitled to appointment of counsel under the Sixth
Amendment to the Constitution; or
q. faces loss of liberty in a case and federal law requires the
appointment of counsel.
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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; or
b. is seeking relief under 28 U.S.C. §§ 2241, 2254 or 2255
other than to set aside or vacate a death sentence.
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). 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. to 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).
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B. Financial Eligibility
1. Presentation of Accused for Financial Eligibility Determination
a. Duties of Law Enforcement
(i) Upon arrest, where the defendant has not retained
counsel, federal law enforcement officials must
promptly notify, telephonically or electronically, the
appropriate court personnel, who in turn will notify the
Federal Public Defender of the arrest of an individual
in connection with a federal criminal charge.
(ii) Employees of law enforcement agencies shall 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 or criminal complaint,
where the defendant has not retained, the United
States Attorney or its delegate will promptly notify,
telephonically or electronically, appropriate court
personnel, who in turn will notify the federal public
defender. The government shall promptly supply the
court a conflict list, identifying all attorneys who have
a conflict with the defendant(s) and are therefore
disqualified for assignment.
(ii) Upon issuance of a target letter, and where the
individual has not retained or waived counsel, the
United States Attorney or its delegate must promptly
notify, telephonically or electronically, the appropriate
court personnel, who in turn will notify the Federal
Public Defender, unless the United States Attorney’s
Office is aware of an actual or potential conflict with
the target and the Federal Public Defender, in which
case they must promptly notify the court.
(iii) Employees of the United States Attorney’s Office shall
not participate in the completion of the financial
affidavit. Further, the government may not use as
part of its direct case, other than a prosecution for
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perjury or false statements made on the affidavit, any
information provided by a defendant in connection
with his or her request for appointment of counsel
pursuant to this Plan.
c. Duties of Federal Public Defender’s Office
(i) When practicable, the Federal Public Defender 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
counsel seems likely, assist in the completion of a
financial affidavit (Form CJA 23) and arrange to have
the person promptly presented before a magistrate
judge or district judge of this court for determination of
financial eligibility and appointment of counsel.
d. Duties of Pretrial Services Office
(i) When practicable and consistent with the agreement
between the federal public defender and the United
States Probation Office, the pretrial services officer
should not conduct the pretrial service interview of a
financially eligible defendant until counsel has been
appointed, unless the defendant otherwise consents
to a pretrial service interview without counsel.
(ii) 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.i
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
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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).
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.
i. In making a factual determination of financial eligibility, pro
bono service is not to be considered by a judge.
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;
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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. Court’s Responsibility
The court, in cooperation with the Federal Public Defender and the United
States Attorney, will make such arrangements with federal, state, and
local investigative and police agencies as will ensure timely appointment
of counsel.
C. Pretrial Service Interview
When practicable and consistent with the agreement between the Federal
Public Defender and the United States Probation Office, unless 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.
D. 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 Federal Public
Defender’s Office 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
Administration of the CJA Panel, as set forth in this Plan, is hereby
delegated and assigned to the federal public defender.
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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 appropriate.
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.
§§ 2241, 2254 or 2255, are set forth in section XV of this Plan.
VII. Federal Public Defender’s Office
A. Establishment
The Federal Public Defender’s Office for the Western District of New York
is established in this district under the CJA and is responsible for
rendering defense services on appointment throughout this district.
B. Standards
The Federal Public Defender’s Office 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))).
C. Workload
The federal public defender’s office will continually monitor the workloads
of its staff to ensure high quality representation for all clients.
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D. Professional Conduct
The Federal Public Defender’s Office must conform to the highest
standards of professional conduct.
E. 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.
F. Supervision of Defender Organization
The Federal Public Defender will be responsible for the supervision and
management of the Federal Public Defender’s Office.
G. Training
The Federal Public Defender will assess the training needs of Federal
Public Defender staff and, in coordination with the CJA Panel Attorney
District Representative,1 the training needs of the local panel attorneys,
and provide training opportunities and other educational resources.
VIII. CJA Panel of Private Attorneys
A. Establishment of the CJA Panel Committee
1. A CJA Panel Committee (“Panel Committee”) will be established by
the court, in consultation with the Federal Public Defender. The
Panel Committee will consist of two judges (one from Rochester
and one from Buffalo), up to six criminal defense attorneys who
practice regularly in the district ( three from Rochester and three
from Buffalo), and the Federal Public Defender who serves as an
ex officio member of the Panel Committee, and will also act as
administrative coordinator. The district’s CJA representative
(PADR) shall be an ex officio member of the Panel Committee,
unless he or she is one of the four private criminal defense attorney
members.ii
1 The CJA Panel Attorney District Representative (PADR) is a member of the district’s CJA
Panel who is selected by the local Federal Public Defender, with acquiescence from the Chief
Judge, to serve as the representative of the district’s CJA Panel for the national Defender
Services CJA PADR program and local CJA committees.
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2. The Federal Public Defender or its representative shall serve as an
ex officio member of the Panel Committee.
3. The Panel Committee will meet at least once a year and at any time
the court asks the Committee to consider an issue. Meetings can
be conducted in person, by videoconference, or by telephone
conference.
B. Duties of the Panel Committee
1. Membership
Examine the qualifications of applicants for membership on the CJA
Panel and recommend to the Chief Judge the approval of those
attorneys who are deemed qualified and the rejection of the
applications of those attorneys deemed unqualified.
2. Recruitment
Engage in recruitment efforts to establish a diverse panel and
ensure that all qualified attorneys are encouraged to participate in
the furnishing of representation in CJA cases.iii
3. Removal
Recommend to the Chief Judge the removal of any CJA panel
member who:
a. fails to satisfactorily fulfill the requirements of CJA panel
membership during the member’s term of service, including
the failure to provide high quality representation to CJA
clients, or
b. has engaged in other conduct such that his or her continued
service on the CJA Panel is inappropriate.
See also Section IX.C.7
4. Training
Assist the Federal Public Defender in providing training for the CJA
Panel on substantive and procedural legal matters affecting
representation of CJA clients.
5. Voucher Review
Review and make recommendations on the processing and
payment of CJA vouchers in those cases where the court, for
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reasons other than mathematical errors, is considering authorizing
payment for less than the amount of compensation claimed by CJA
counsel. Review of CJA vouchers referred to the Panel Committee
shall occur pursuant to the following procedure:
a. the referring judge shall request voucher review by the Panel
Committee in writing—either by letter or memorandum—with
notice to the attorney whose voucher is under review,
b. the Panel Committee shall notify the attorney whose voucher
is under review of his or her opportunity to submit a written
response to the court’s referring letter or memorandum,
c. the Panel Committee may, but is not required to allow the
attorney an opportunity for a personal interview to discuss
the voucher and issues raised in the court’s referring letter or
memorandum,
d. the Panel Committee may conduct such additional
investigation as it deems appropriate, and may seek input
from third-parties, if it deems appropriate,
e. the Panel Committee shall issue a written report and
recommendation to the referring judge, with a copy to the
attorney whose voucher is under review, pursuant to such
schedule as is set by the referring judge, and
f. none of the writings or submissions relating to such voucher
review, including the court’s referring letter or memorandum,
shall be filed on the ECF System, but shall be maintained by
the court and by the Panel Committee in hard copy, for a
period of at least three years following final approval or
disapproval of the CJA voucher under review.
See also Section XIII.B.6
IX. Establishment of a CJA Panel
A. Reapplication to the CJA Panel
1. With the adoption of this revised Criminal Justice Act Plan for the
Western District of New York, any attorney wishing to be appointed
to the Probationary, Trial or Emeritus Panels, including all attorneys
currently serving on such panels, must submit an application for
appointment to the appropriate panel. For one year after the
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adoption of this revised Plan, the court may make assignments to
any attorney on the previous Trial Panel.
2. The Panel Committee will approve attorneys for membership on the
CJA Trial and Probationary Panels, consistent with the eligibility
criteria stated in subsection C below.
B. Size of CJA Panel
1. The size of the CJA Trial Panel will be determined by the Panel
Committee on an annual basis, based on the caseload and activity
of the panel members, subject to review by the court.
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 on the CJA Panel
1. Application
Application forms for membership on the CJA Panel are available
from the federal public defender’s website, and the WDNY website.
Applications are collected annually until September 30, and are
thereafter reviewed by the Panel Committee.
2. Equal Opportunity
All qualified attorneys are encouraged to participate in the
furnishing of representation in CJA cases.
3. Eligibility
a. All applicants must demonstrate a commitment to provide
high quality representation to those individuals eligible for
their services, commensurate with those services rendered
when counsel is privately retained. 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.”).
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b. Each applicant must certify that he or she has read and can
demonstrate knowledge of the Federal Rules of Criminal
Procedure, the Federal Rules of Evidence, the Federal and
Second Circuit Rules of Appellate Procedure, the United
States Sentencing Guidelines, the Bail Reform Act of 1984,
the Local Rules of Criminal Procedure and standing Orders,
the Guidelines for the Administration of the Criminal Justice
Act, the Rules of Civility, and this CJA Plan.
c. 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.
d. Each applicant should have also tried at least two felony
cases to verdict in either state or federal court. Alternatively,
an applicant must have appeared as defense counsel of
record in at least two federal felony cases from initial
appearance or arraignment through sentencing and have
other significant trial experience as determined by the Panel
Committee.
e. Unless specifically permitted by the Court, applicants shall
have their principal place of business within the Western
District of New York.iv
4. Appointment to CJA Trial Panel
After considering the recommendations of the Panel Committee,
the chief judge will appoint attorneys to the CJA Trial Panel. Due to
the highly complex and demanding nature of capital and habeas
corpus cases, special procedures will be followed for the eligibility
and appointment of counsel in such cases. See Section XV of this
Plan.
5. Probationary Panel
In the Panel Committee’s discretion, it may be recommended to the
Chief Judge that applicants with limited trial or federal criminal
practice experience be accepted to the Trial Panel and placed on
probation through completion of the first three cases assigned to
them. During their first year, the Probationary Panel member shall
attend all training programs presented by the Federal Public
Defender’s Office, except for good cause shown, and shall
participate in the mentoring program outlined in section XIV of this
Plan. Probationary Panel members will be eligible for the regular
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assignment of cases unless the judge requesting the assignment
indicates that the matter would not be appropriate for assignment to
a Probationary Panel member. The Committee shall be notified by
the Panel member upon completion of his/her third probationary
assignment. After consultation with the assigned mentor, the
Committee will review and recommend to the court either elevation
to non-probationary status, a continuation of probation for a specific
length of time, or removal from the Panel.
6. Emeritus Panel
The Committee will also recommend to the Court a list of highly
experienced attorneys who are willing to serve as CJA counsel on
cases deemed appropriate to supplement the depth of the Panel.
The Emeritus Panel will be comprised of attorneys who are not part
of the regular rotation of CJA appointments, but who are willing to
serve the court on cases requiring specific experience and
expertise. Emeritus attorneys must be admitted to practice before
the Court, and be in good standing. Emeritus attorneys must
demonstrate proficiency equivalent to the annual training
requirements of the regular CJA panel attorneys.
7. Removal from the CJA Panel
a. 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.
b. Automatic disciplinary review
The Panel Committee will conduct an automatic disciplinary
review of any CJA panel member against whom any
licensing authority, grievance committee, or administrative
body has issued public discipline, or when a court has
issued a sanction against such attorney or held such
attorney in contempt.
c. Complaints
(i) Initiation
A complaint against a panel member may be initiated
by the Panel Committee, a judge, another panel
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member, a defendant, or a member of the federal
defender’s office. A complaint need not follow any
particular form, but it must be in writing and state the
alleged deficiency with specificity. Any complaint
should be directed to the Panel Committee, which will
determine whether further investigation is necessary.
If the complaint was initiated by a judge, and the
Panel Committee believes that no further investigation
is necessary, the Panel Committee will report to the
judge who initiated the complaint, and explain its
recommendation.
(ii) Notice
When conducting an investigation, the Panel
Committee will notify the panel member of the specific
allegations.
(iii) Response
A panel member subject to investigation shall be
given the opportunity to respond in writing and
appear, if so directed, before the Panel Committee or
its subcommittee.
(iv) Protective action
Prior to disposition of any complaint, the Panel
Committee may recommend temporary suspension or
removal of the panel member from any pending case,
or from the panel, and may take any other protective
action that is in the best interest of the client or the
administration of this Plan.
(v) Review and recommendation
After investigation, the Panel Committee may
recommend dismissing the complaint, or recommend
appropriate remedial action, including removing the
attorney from the panel, limiting the attorney’s
participation to particular types or categories of cases,
directing the attorney to complete specific CLE
requirements before receiving further panel
appointments, limiting the attorney’s participation to
handling cases that are directly supervised or
overseen by another panel member or other
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experienced practitioner, or any other appropriate
remedial action.
(vi) Final disposition by the court
The Panel Committee will forward its recommendation
to the Chief Judge for consideration and final
disposition.
(vii) Confidentiality
Unless otherwise directed by the court, any
information acquired concerning any possible
disciplinary action, including any complaint and any
related proceeding, will be confidential.
(viii) None of these procedures create a property interest in
being on or remaining on the CJA Panel.
d. Notification
The Federal Public Defender will be immediately notified
when any member of the CJA Panel is removed or
suspended.
X. Mentoring Program
A. If requested by the Panel Committee, a Trial or Emeritus Panel member
shall serve as a mentor to Probationary Panel members. Attorneys of the
Federal Public Defender’s Office will also serve as mentors. A mentor will
make himself/herself available to answer questions of and provide advice
to a probationary Panel member regarding cases currently assigned to the
probationer. The mentor may also allow the Probationary Panel member
to observe and to participate in, if appropriate, all aspects of a federal
criminal case, including client conferences, decisions concerning defense
strategy, motion and trial preparation, and court appearances, including
hearings and trials.
B. Trial and Emeritus Panel members will be expected to agree to
reasonable mentoring requests and endeavor to involve the Probationary
Panel member as closely as possible in the substance of the
representation. The Panel Committee shall establish standards for the
administration of this program.
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XI. CJA Panel Attorney Appointment in Non-Capital Cases
A. Appointment List
1. The federal defender will maintain a current list of all attorneys
included on the CJA Trial and Probationary Panels, with current
office addresses, email addresses, and telephone numbers. Prior
to the beginning of each calendar year, the Panel Committee shall
determine the size of the appointment list for the coming year. The
Panel Committee shall endeavor to ensure that each year’s
appointment list includes a mixture of more experienced and less
experienced attorneys. The Panel Committee will also ensure that
membership on the annual appointment list shall be distributed
among panel members as equally as possible.
2. All Probationary Panel members shall be included on each year’s
appointment list.
B. Appointment Procedures
1. The Federal Public Defender is responsible for overseeing the
appointment of cases to panel attorneys. The Federal Public
Defender 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.
2. Appointment of cases to CJA panel members will ordinarily be
made from the annual appointment list on a rotational basis. In a
complex or otherwise difficult case, the Federal Public Defender or
the court may appoint any attorney from the Trial Panel or the
Emeritus Panel outside of the normal rotation to ensure that the
defendant has sufficiently experienced counsel.
3. Under special circumstances the court may appoint a member of
the bar, who is not on the Trial Panel or the Emeritus Panel, or who
is not on the annual appointment list. 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 Panel Committee.
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XII. Duties of CJA Panel Members
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. 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))).
2. Attorneys appointed under the CJA must conform to the highest
standards of professional conduct.
3. CJA panel members must notify within 30 days the chair of the
Panel 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 of federal court.
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. Attorneys on the CJA Panel will be guided in their practice by the
Federal Adaptation of the National Legal Aid and Defender
Association Performance Guidelines for Criminal Defense
Representations.
4. CJA panel members must attend at least 6 continuing legal
education hours relevant to federal criminal practice annually. This
requirement can be met by attending one of the full-day federal
practice programs offered by the Federal Public Defender. If the
CJA panel member chooses to satisfy the continuing legal
education requirement by attending a different program, the panel
member must submit a letter to the Panel Committee setting forth
Page 20
details about the program and provide a copy of the program
agenda.
5 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 Second 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 believes that continuity of counsel is not in the best interest of
the client for purposes of appeal, CJA counsel shall timely seek
substitution of counsel.v
E. 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 or
CJA counsel may seek permission of the court for the development
of a case budget consistent with Guide, Vol. 7A, Ch. 2,
§§ 230.26.10–20.
Page 21
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. 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.
XIII. Compensation of CJA Panel Attorneys
A. Policy of the Court Regarding Compensation
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.
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 Clerk of the Court or his/her designee will review the claim for
mathematical and technical accuracy and for conformity with Guide,
Vol. 7A, as well as the Second Circuit Manual, and, if correct, will
forward the claim for consideration and action by the presiding
judge.
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
Page 22
be reduced without affording counsel notice and the opportunity to
be heard. The court shall not seek to reduce or justify a voucher
reduction based on a view that there exists a pro bono component
to CJA representation of criminal defendants.
6. The court, when contemplating reduction of a CJA voucher for
other than mathematical reasons, may refer the voucher to the
Panel Committee 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 CJA
panel member, the claim for compensation need not be referred to
the Panel Committee for review and recommendation.
XIV. 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.vi
B. Applications
1. Requests for authorization of funds for investigative, expert, and
other services must be submitted in an ex parte application to the
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.
2. CJA counsel may seek and/or the court may choose to have
applications for investigative, expert, and other services considered
by a non-presiding judge to help ensure appointed counsel’s ability
to obtain the necessary resources in a manner that does not
unreasonably compromise or interfere with the exercise of sound
independent professional judgment.
Page 23
C. Compliance
Counsel must comply with Judicial Conference policies set forth in Guide,
Vol. 7A, Ch. 3, and the Second Circuit Manual.
XV. 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
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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
(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. 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
public 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 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.
8. 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.
9. 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.
10. All attorneys appointed in federal capital cases should consult
regularly with the appropriate Resource Counsel projects.
Page 25
11. 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 Defender Services Office, Legal and Policy Division Duty
Attorney at 202-502-3030 or via email at
[email protected].
C. Appointment of Trial Counsel in Federal Death-Eligible Cases2
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. [In those districts without a
federal public defender organization, the judge must, as
required by 18 U.S.C. § 3005, consider the recommendation
of the AO, Defender Services Office.] See 18 U.S.C.
§ 3005.
2 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.
Page 26
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 public 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.
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
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 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.
Page 27
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.
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.
Page 28
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 public 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.
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.
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.
Page 29
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. Out-of-district counsel, including federal public 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.
6. Counsel in § 2255 cases should have distinguished prior
experience in the area of federal post-conviction proceedings and
in capital post-conviction proceedings.
7. When possible, post-conviction counsel should have distinguished
prior experience in capital § 2255 representations.
8. 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.
9. 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.
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. Due to the complex, demanding, and protracted nature of death
penalty proceedings, the court should consider appointing at least
two attorneys.
3. When appointing counsel in a capital § 2254 matter, the appointing
authority should consider the recommendation of the Federal Public
Defender who will consult with the National or Regional Habeas
Assistance and Training Counsel projects.
[To be used in districts where the FDO has a Capital Habeas Unit
(CHU) that specializes in the representation of death-sentenced
individuals in post-conviction proceedings, ADD: The Federal
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Public Defender’s recommendation may be to appoint this district’s
CHU, a CHU from another district, or other counsel who qualify for
appointment under 18 U.S.C. § 3599 and this Plan, or any
combination of the foregoing appropriate under the circumstances.]
4. Out-of-district counsel, including federal public defender
organization staff, who possess the requisite expertise, may be
considered for appointment in capital § 2254 cases to achieve cost
and other efficiencies, together with high quality representation.
5. In order for federal counsel to avail themselves of the full statute of
limitations period to prepare a petition, the court should appoint
counsel and provide appropriate litigation resources at the earliest
possible time permissible by law, preferably no later than the
conclusion of the state direct appeal.
6. 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).
7. Counsel in capital § 2254 cases should have distinguished prior
experience in the area of federal post-conviction proceedings and
in capital post-conviction proceedings.
8. When possible, capital § 2254 counsel should have distinguished
prior experience in 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.
Page 31
XVI. Effective Date
This Plan will become effective when approved by the Judicial Council of the Second
Circuit.
October 29
ENTER FOR THE COURT ON _______________________, 2021.
_________________________________
CHIEF JUDGE, DISTRICT COURT
APPROVED BY THE JUDICIAL COUNCIL OF THE SECOND CIRCUIT ON
_______________________, 2021.
__________________________________
CHIEF JUDGE, COURT OF APPEALS
Explanatory Comments from the
Defender Services Committee
i
Defender Services Committee Comment: The Judicial Conference recognizes the
importance of the advice of counsel for persons subject to proceedings under the Bail
Reform Act, 18 U.S.C. § 3142 et seq., prior to their being interviewed by a pretrial
services or probation officer. Accordingly, the Conference encourages districts to take
the steps necessary to permit the furnishing of appointed counsel at this stage of the
proceedings to financially eligible defendants, having due regard for the importance of
affording the pretrial services officer adequate time to interview the defendant and verify
information prior to the bail hearing. JCUS-MAR 88, p. 18–19. All comments are
included in this draft of the CJA Plan for the benefit of the court, and its
consideration of the plan, but will be removed from the text of any plan formally
approved by the court.
ii
Defender Services Committee Comment: The composition of the CJA Panel
Committee can be adjusted to reflect the degree of judicial, federal public defender, or
panel attorney involvement that is desired by each district court. The court should make
a diligent effort to ensure that the composition of the CJA Panel Committee reflects the
racial, ethnic, gender, and geographic diversity of the district.
iii
Defender Services Committee Comment: Recruitment efforts to establish a diverse
CJA Panel could include the following:
• notifying bar associations comprised of racially and ethnically diverse populations
of the availability of panel membership;
• advertising in legal journals directed towards women, people with disabilities, and
people of color to encourage panel membership;
• informal person-to-person recruiting of women, people of color, and the disabled
community by CJA Panel Committee members and panel administrators; and
• contacting current or former members of the panel, or other prominent local
attorneys who have disabilities or are minorities or women for recommendations of
potential panel members.
iv
Defender Services Committee Comment: These general eligibility requirements
may be supplemented or replaced by more detailed and specific standards, depending
on the needs of the district. Specific eligibility requirements might include at least two
(2) years in a public defender or prosecutor’s office, either state or federal; OR at least
three (3) years in private practice during which time the attorney was involved in at least
20 criminal cases in either state or federal court, five (5) of which were state or federal
felony trials; OR an applicant should have tried at least two (2) federal felony cases from
Page ii
initial appearance or arraignment through sentencing and have other significant
litigation experience as determined by the CJA Committee.
v
Defender Services Committee Comment: While the Defender Services Committee
recognizes there may be benefits to maintaining continuity of counsel, it also recognizes
that trial counsel may not have the requisite skills to proceed as appellate counsel.
There should be significant deference to the position of trial counsel regarding whether,
in each matter, continuity is in the best interests of the client and consistent with
counsel’s professional skills and obligations. (Good Practices for Panel Attorney
Programs in the U.S. Court of Appeals, Vera Institute of Justice, January 2006.)
vi
Defender Services Committee Comment: A court may choose to have applications
for investigative, expert, and other services considered by a non-presiding judge to help
ensure appointed counsel’s ability to obtain the necessary resources in a manner that
does not unreasonably compromise or interfere with the exercise of sound independent
professional judgment.
