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FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT oF Texas 2/19 JUL 22 PM 3: 38
EL PASO DIVISION CLERK, US. 0D:
WESTERN DisiRll or Tens
In the matter of: BY TF
DEPUTY
PLAN FOR APPOINTMENT OF COUNSEL AND
OTHER SERVICES PURSUANT TO THE CRIMINAL Misc. No.
JUSTICE ACT OF 1964, AS AMENDED, 2004
ORDER ADOPTING AMENDED CJA PLAN
Pursuant to the Criminal Justice Act of 1964, 18 U.S. C. §3006A, as amended,
(‘the Act”), and the Guidelines for the Administration of the Criminal Justice Act and
Related Statutes Volume Vil, Guide to Judiciary Policies and Procedures, ("CJA
Guidelines’), the following plan is adopted by the judges of the United States District
Court for the Western District of Texas, El Paso Division (“the Court’) for the purpose of
furnishing representation to persons financially unable to obtain adequate
representation. This Plan supplements, but does not supersede, the CJA Plan for the
Western District of Texas.
CONTENTS
1. POLICY Page 2
2. THE CJA PANEL Page 2
3. JHE CJA PANEL COMMITTEE Page 10
4, DISCIPLINARY PROVISIONS Page 11
1. THE POLICY
Throughout the United States, more than 40 percent of persons charged with
federal crimes who are financially eligible for government funded lawyers are
represented by panel attorneys, private attorneys appointed by the Court. While the
United States Constitution and statutes dictate broad mandates regarding the
appointment of counsel, it is the purpose of this CJA Plan to develop a system to be
implemented in the E! Paso Division of the Western District of Texas that advances the
quality of defense representation for each criminal defendant while improving monetary
and other efficiencies.
2. THE CJA PANEL
A. Participation - A panel of private attorneys who are eligible and willing to
be appointed to provide representation under this Plan will be considered
for appointment to the CJA Panel regardless of their race, color, religion,
sex, age, national origin or disabling conditions. Attorneys who have
demonstrated experience and knowledge of the Federal Rules of Criminal
Procedure, the Federal Rules of Evidence, the United States Sentencing
Guidelines, who are licensed and members in good standing with the
Western District of Texas, and meet the mandatory qualifications for CJA
Panel Members in section 2.F.(1)(c), are eligible to participate on a
completely voluntary basis.
Appointment - Appointment to the CJA Panel will be made after
recommendation by the CJA Panel Committee and approval by the Court.
All appointments to the CJA Panel shall be based on the individuals’ .
experience and qualifications with all CJA Panel members serving at the
pleasure of the Court. All CJA Panel attorneys by participation in this
plan, agree to comply with the Administrative Policies and Procedures for
Electronic Filing in Civil and Criminal Cases.
Terms and Renewal. Attorneys are appointed to the CJA Panel for a
term of three years. Terms are automatically renewed unless advised by
the panel otherwise. A member's term may be renewed one or more
tirnes.
Application/Questionnaire - Private attorneys wishing to participate on
the CJA Panel must complete and submit a detailed application form
_ setting forth their qualifications and experience. This form shall be
available upon request from the El Paso United States District Clerk’s
Office, and may aiso be downloaded from the Western District of Texas
website. Any completed application should then be filed with the United
States District Clerk’s Office and forwarded to the chairperson of the CJA
Panel Committee. At the request of the CJA Panel Committee,
applications may be distributed from time to time to all licensed or newly
licensed attorneys who meet the mandatory qualifications for CJA Panel
Members in section 2.F.(1)(c).
Assignment - The CJA Panel Committee will review all questionnaires
and other information available to it and then the Committee shall assign
the individual attorney to the appropriate panel as deemed qualified by
reason of experience, training and ability to handle CJA appointments.
On occasion after reviewing the magnitude and complexity of a particular
case, the United States District Judge or the United States Magistrate
Judge may make an appointment under the CJA without regard to panel
designation. In exceptional circumstances and as determined by the
Court, the Court may assign more than one attorney to sit as 1" or 2"
chair with compensation and expenses for services in these cases to be
paid to the attorneys without duplication. A judge may appoint an attorney
who is not a panel member in appropriate circumstances.
Classification and Qualifications for CJA Panel Members.
(1) | Mandatory Qualifications - All CJA Panel members must meet the
following criteria:
(a) | They must be licensed and member in good standing of the
United States District Court for the Western District of
Texas.
(b) They must have demonstrated experience and knowledge of
the Federal Rules of Criminal Procedure, the Federal Rules
of Evidence, the United States Sentencing Guidelines, and
the local rules of Court.
(c) | They must maintain an office in the E! Paso Division and
regularly practice in the federal courts of the El Paso
Division.
(2) | Misdemeanor Panel - Attorneys appointed to this panel will handle
misdemeanor or petty offense cases before United States
Magistrate Judges.
(3) | General Felony Panel - Attorneys appointed to this panel will
handle felony matters, transfer treaty cases and extradition cases.
An attorney appointed to this panel must:
(a) _ Have served at least one year on the misdemeanor panel (or
have commensurate experience as determined by the CJA
Panel Committee); or
(b) have five years experience in state or federal courts, or three
years experience as an Assistant United States Attorney
(AUSA) or an Assistant Federal Public Defender (AFPD).
(4) | Complex Case Felony Panel - The complex case felony panel is
comprised of attorneys qualified for the general felony panel who
additionally have experience or expertise in complex or multi-
defendant criminal cases. Counsel may be appointed from this
category in Racketeer Influenced and Corrupt Organizations
(RICO) and Continuing Criminal Enterprise (CCE) cases, and in
cases determined by the Court to be unusual or complex.
Appointment of an attorney from the complex case felony panel
category does not constitute a finding under the Speedy Trial Act,
18 U.S.C. § 3161(h)(8)(B)(ii).
(5) Appellate Panel - Attorneys appointed to this panel will handle
criminal appeals to the 5" Circuit and post conviction relief. An
attorney appointed to this panel must:
(a) __ Have five years experience in state or federal courts; or
(b) have three years experience in state or federal appellate
courts; or
(c) have three years experience as an AUSA or an AFPD; or
(d) have equal experience as determined by the CJA Panel
Committee.
(6) Non-capital Habeas Panel Category - Attorneys assigned to the
non-capital habeas panel category will handie non-capital habeas
corpus cases under 28 U.S.C. §§ 2241, 2254, and 2255. An
attorney classified in this panel category must have habeas
practice experience comparable to the trial experience required for
the general felony panel category.
(7) Auxiliary Category - Attorneys assigned to the auxiliary category
may provide representation in material witness cases, or other non-
complex cases.
G. Duties of Appointed Counsel - Actual services rendered must be
commensurate with those rendered if counsel were privately retained and
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all CJA Panel attorneys must conform to the highest standards of
conduct.
(1) No Receipt of Other Payment - CJA counsel may not require,
request or accept any payment or promise of payment or any other
valuable compensation for representation provided unless such
payment is approved by the Court.
(2) Continuing Representation - Once appointed, CJA counsel shall
continue representation until the matter, including appeals or
review by certiorari, is closed by the Court; until an order allowing
or requiring the person to proceed pro se is entered; or until the
appointment is terminated by the Court.
Training/Continuing Legal Education (CLE) - Each panel member must
attend four hours of CLE concerning federal criminal practice per calendar
year at their own expense (including up to one hour of self-study) and
provide proof of such attendance no later than January 31 of the following
calendar year. Failure to comply with this requirement is grounds for
removal from the CJA Panel.
Reclassification - A record of all CJA appointments and assignments will
be kept. The CJA Panel Committee will review those records, along with
other information, and may reclassify attorneys from time to time when
appropriate. Reclassification may also be initiated at the request of an
attorney.
CJA Panel List - The Clerk of the Court shall maintain a current list of all
attorneys qualified for participation on the panel with current office
address, telephone and fax number, e-mail address as well as
qualifications and experience. The Clerk of the Court shall furnish a copy
of the current list of eligible CJA Panel members to each United States
District Judge and United States Magistrate Judge. A copy shall be
available for the public. The Clerk of the Court shall maintain a public
record of assignments to private counsel and when appropriate, statistical
data reflecting proration of appointments between the Federal Public
Defender’s Office and the CJA Panel.
Method for Selection - Attorneys shall be selected to serve on a case on
a rotating basis, subject to the Court's discretion to make exceptions due
to the nature and complexity of the case, an individual's experience and
language considerations. A record shall be kept of all attorneys who have
been contacted but are unavailable to serve for whatever reason. If an
attorney is unavailable or declines service, then the next name on the list
will be selected subject to the aforementioned criteria. The goal is a
balanced distribution of appointments and compensation with quality
representation for CJA defendants. When the Court has determined the
need for appointment of an attorney from the CJA list, the Clerk of the
Court shall advise the judge or magistrate judge of the name of the next
panel member on the list who is available for appointment. In the event of
an emergency, a judge or magistrate judge may appoint any attorney from
the list but shall, at earliest possible convenience, advise the Clerk as to
the name of the attorney and the date of the appointment.
Compensation - Persons appointed under the CJA plan may not seek or
obtain any payment from the criminal defendant or any third person
absent prior Court approval. Claims for compensation must be timely
submitted (within 30 days of completion of work unless extended for good
cause) on an appropriate CJA form to the United States District Court
Clerk's Office. The Clerk of the Court shail review the form for
mathematical and technical accuracy and conformity with CJA guidelines
and if correct, forward the claim for consideration to the presiding judge.
To the extent permitted by law, matters relating to compensation shall be
heard in camera.
Dispute over Compensation - Any disputes over the amount of
compensation will be brought to the attention of the presiding judicial
Officer for resolution. The judicial officer has the discretion to reconsider
the amount of compensation when appropriate. If the judicial officer is a
United States District Judge, the decision is considered final. If the case
was exclusively before a United States Magistrate Judge, then only the
magistrate judge has the discretion to reconsider the amount of
compensation when appropriate.
N. Appointment in a Capital Case. In a capital prosecution or capital
habeas proceeding, counsel will be appointed in compliance with the
experience and qualifications requirements of 18 U.S.C. § 3599, after
considering the recommendation of the Federal Public Defender as
required by 18 U.S.C. § 3005.
3. HE CJA COM
A. Composition of the CJA Panel Committee - A CJA Panel Committee
will be established by the Court and shall consist of one district judge
(chair), who will serve a staggered four year term with the magistrate
judge designee; one magistrate judge, who will serve a staggered four
year term with the district judge designee; the president/designee of the El
Paso Federal Bar Association; a designee of the Federal Public
Defender’s Office; and four attorneys who will each be appointed to sit for
staggered two year terms and who are appointed by the non-member
district court judges; and one staff member of the United States District
Court Clerk's Office who shall serve ex officio.
B. Duties of the CJA Panel Committee - The CJA Panel Committee shall:
(1) meet at least one time per year;
(2) review the qualifications of the applicants and recommend, for
approval by the Court, those attorneys best qualified to serve on
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the Misdemeanor, General Felony, Complex Case Felony,
Appellate, or Non-capital Habeas panels;
(3) | recommend to the Court any changes deemed necessary .
regarding the appointment process; and
(4) _ provide at least once each year, information on the panei of
attorneys approved for the Misdemeanor, General Felony, Complex
Case Felony, Appellate or Non-capital Habeas panels.
4. DISCIPLINARY PROVISIONS
A. Suspension - Any CJA Panel attorney who is suspended or disbarred by
the Supreme Court of the State of Texas or by the United States District
Court for the Westem District of Texas must be removed from the CJA
Panel and may reapply for the panel only upon readmission to practice
before the Court that imposed the suspension or disbarment.
6. Complaint Procedure - A complaint against a CJA Panel attorney may
be initiated by a judge, a member of the Federal Public Defender’s office,
a client, the CJA Panel Committee or any other concerned person. Any
complaint should be directed to the CJA Panel Committee (or a
disciplinary subcommittee thereof).
C. Automatic Review - There will be an automatic review of any CJA Panel
member for any of the following causes:
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(1) When a public reprimand has been issued by any licensing agency;
or
(2) when a probationary period has been imposed by any licensing
agency; or
(3) when a finding of contempt or a reprimand has been issued by any
state or federal court.
In any of these circumstances, it will be incumbent upon the CJA Panel member
to immediately notify the chair of the CJA Panel Committee of the circumstances
and nature of the action that has been taken against him/her.
D. Form - No particular form shall be required. However, it must be in writing
and it must state the alleged complaint with as much specificity as
possible.
E. Notice - A panel attorney against whom complaint is lodged must be
provided a copy of the complaint by the CJA Panel Committee.
F, Response - A panel attorney against whom complaint is lodged may
respond in writing or appear before the CJA Panel Committee as directed.
G. Review - The CJA Panel Committee must review each complaint, the
response and any other relevant materials. Action must be by a majority
of the CJA Panel Committee.
H. Protective Action - Prior to disposition of any complaint, the CJA Panel
Committee may recommend temporary removal of the attorney from any
pending case.
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Disposition Recommendations - The CJA Panel Committee may
recommend:
(1) | Removal of the attorney from the CJA Panel;
(2) Limiting the attorney's participation in a particular type of case;
(3) | Requiring the attorney to complete specific CLE requirements prior
to further CJA Panel participation;
(4) Limiting the attomey's participation to handling cases with direct
supervision/oversight of a CJA Panel member or other experienced
practitioner for a specified period of time;
(5) Referral of the matter to the Western District of Texas Disciplinary
Committee, pursuant to Local Rule AT-7(c); or
(6) Dismissal of the complaint.
Final Disposition by Court - The CJA Panel Committee will forward its
disposition recommendation to the Court for consideration and final
disposition. The Court, upon majority vote, may take any action it deems
appropriate whether or not recommended by the CJA Panel Committee.
Confidentiality - Unless otherwise directed by the Court, a complaint and
all proceedings conducted in connection therewith are confidential. This
plan will take effect immediately upon the approval by all judges of the El
Paso Division of the United States District Court for the Western District of
Texas and the filing with the Clerk of this Court.
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FRANK MONTALVO
United States District Judge
Senior Yhited States District Judge
THLEEN CARDONE
nitey States, District Jyfige
PEL
D GUADERRAMA
United States District Judge
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Adopted and approved by the judges of this Court this Az day
of Ju ly , 2013.
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