UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
In Re:
FURTHER ORDER REGARDING AMENDED GENERAL ORDER 20-21
COURT OPERATIONS UNDER THE
ONGOING EXIGENT CIRCUMSTANCES
CREATED BY COVID-19
Appointment of Counsel for
Compassionate Release Motions
Pursuant to the Criminal Justice Act, 18 U.S.C. §§ 3006A(a)(l) and (c), the Office of the
Federal Public Defender for the Southern District of Ohio ("Federal Public Defender") is hereby
appointed to represent any defendant convicted in this District, who was previously determined
to have been entitled to appointment of counsel or who is now indigent, to decide whether the
defendant is eligible to petition the Court for compassionate release under Section 603(6) of the
First Step Act of 2018, 18 U.S.C. §§ 3582(c) and (d), and, where appropriate, to file a motion for
compassionate release.
Should the Federal Public Defender conclude that it cannot undertake the representation
described in this Order, whether due to conflict or capacity, a member of the Criminal Justice
Act Panel shall be appointed to represent the defendant.
In the case of a defendant who was previously represented by a member of the Criminal
Justice Act Panel ("CJA"), and where the CJA counsel expresses a willingness to represent the
defendant in pursuing compassionate release, CJA counsel is hereby appointed under this Order
to determine whether the defendant is eligible to petition the Court for compassionate release
under Section 603(b) of the First Step Act of 2018, 18 U.S.C. §§ 3582(c) and (d), and, where
appropriate, to file a motion for compassionate release.
The Clerk's Office shall promptly notify the Federal Public Defender of all prose
motions seeking compassionate release. These prose filings will be reviewed by the Federal
Public Defender and timely addressed in the manner described above. Each pro se filing shall
be held in abeyance for a period of 7 days to allow the Federal Public Defender (or CJA or
retained counsel, as the case may be) to review the pro se filing. By no later than the end of
that seven-day period, counsel for the defendant shall file a Notice of Intent (the ''Notice") with
the Court advising the Court and government counsel whether counsel for the defendant
anticipates filing a supplement to the defendant's prose filing. If the Notice indicates no
supplement will be filed, and the government has yet to respond to the pro se filing, the
government shall have 10 days from the filing of the Notice to respond to the prose filing. If the
Notice indicates no supplement will be filed, and the government has already responded to the
defendant's prose filing, the matter shall stand ripe for adjudication.
If the Notice indicates counsel for the defendant anticipates filing a supplement, the
parties shall, before any supplement is filed and within 7 days of the filing of the Notice, confer
with respect to the relief requested. If an agreement is reached between the parties on a
proposed disposition of the defendant's pro se filing, the parties shall promptly so advise the
Court. If no agreement is reached, counsel for the defendant shall have 14 days from the filing
of the Notice in which to file a supplement to the defendant's pro se filing. The government
shall have 14 days from the filing of the supplement to respond, at which time the matter shall
stand ripe for adjudication. Individual judges may modify this schedule as they deem
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appropriate. In the event the defendant refuses representation and desires to proceed pro se, the
Federal Public Defender (or appointed CJA counsel) shall promptly provide the Cow1 and
government counsel a Notice of Intent not to supplement, and the government shall have 10 days
after receipt of that Notice to respond to the prose filing.
For purposes of determining eligibility and preparing compassionate release motions, the
Court directs the United States Probation Office for the Southern District of Ohio to disclose
Presentence Investigation Reports, Judgments in a Criminal Case, and Statements of Reasons to
the Federal Public Defender, CJA counsel, or privately retained counsel.
All requests for compassionate release shall be filed in the original criminal case. In the
event that the presiding judge in the original proceeding is no longer serving as a judge in this
District, the case shall be reassigned on a random basis pursuant to the Rules of the Southern
District of Ohio.
IT IS SO ORDERED.
DATED: September 8, 2020
CHIEF UNITED ST ATES DISTRICT JUDGE
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