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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF VIRGINIA
CRIMINAL JUSTICE ACT PLAN
Approved by the Judicial Council of the Fourth Circuit on October 25, 2023.
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Table of Contents
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 Administrator ................................................................................................2
IV. Determination of Eligibility for CJA Representation ......................................................... 2
A. Subject Matter Eligibility .......................................................................................2
1. Mandatory ................................................................................................2
2. Discretionary ............................................................................................3
3. Ancillary Matters ......................................................................................3
B. Financial Eligibility ...............................................................................................4
1. Presentation of Accused for Financial Eligibility Determination................. 4
2. Factual Determination of Financial Eligibility ............................................ 5
V. Timely Appointment of Counsel .......................................................................................6
A. Timing of Appointment .........................................................................................6
B. Court’s Responsibility ..........................................................................................7
C. Retroactive Appointment of Counsel.................................................................... 7
VI. Provision of Representational Services ........................................................................... 7
A. Federal Public Defender and Private Counsel ..................................................... 7
B. Administration ......................................................................................................7
C. Apportionment of Cases ......................................................................................7
D. Number of Counsel ..............................................................................................7
E. Capital Cases ......................................................................................................7
VII. Federal Public Defender Organization.............................................................................7
A. Establishment ......................................................................................................7
B. Standards ............................................................................................................8
C. Workload .............................................................................................................8
D. Professional Conduct...........................................................................................8
E. Private Practice of Law ........................................................................................8
F. Supervision of Defender Organization ................................................................. 8
G. Training ...............................................................................................................8
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VIII. CJA Panel of Private Attorneys .......................................................................................9
A. Establishment of the CJA Panel Committees …………………………………….....9
B. Duties of the CJA Committees ............................................................................. 9
IX. Establishment of CJA Panels ........................................................................................ 11
A. Approval of CJA Panel in each Division ............................................................. 11
B. Size of CJA Panel.............................................................................................. 11
C. Qualifications and Membership on the CJA Panel ............................................. 11
1. Application……………………………………………………………………..11
2. Equal Opportunity .................................................................................. 11
3. Eligibility ................................................................................................. 11
4. Appointment to CJA Panel ..................................................................... 12
5. Terms of CJA Panel Members ............................................................... 12
6. Reappointment of CJA Panel Members ................................................. 12
7. Removal from the CJA Panel ................................................................. 13
X. CJA Panel Attorney Appointment in Non-Capital Cases ................................................ 15
A. Appointment List ................................................................................................ 15
B. Appointment Procedures ................................................................................... 15
XI. Duties of CJA Panel Members ...................................................................................... 15
A. Standards and Professional Conduct ................................................................. 15
B. Training and Continuing Legal Education .......................................................... 16
C. Facilities and Technology Requirements............................................................ 16
D. Continuing Representation ................................................................................ 16
E. Miscellaneous .................................................................................................... 17
XII. Compensation of CJA Panel Attorneys.......................................................................... 17
A. Policy of the Court Regarding Compensation .................................................... 17
B. Payment Procedures ......................................................................................... 17
XIII. Investigative, Expert, and Other Services ...................................................................... 18
A. Financial Eligibility ............................................................................................. 18
B. Applications ....................................................................................................... 18
C. Compliance ....................................................................................................... 18
XIV. Appointment of Counsel and Case Management in CJA Capital Cases ........................ 19
A. Applicable Legal Authority ................................................................................. 19
B. General Applicability and Appointment of Counsel Requirements ...................... 19
C. Appointment of Trial Counsel in Federal Death-Eligible Cases .......................... 21
1. General Requirements ........................................................................... 21
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2. Qualifications of Learned Counsel .......................................................... 22
3. Qualifications of Second and Additional Counsel ................................... 22
D. Appointment and Qualifications of Direct Appeal Counsel in Federal Death
Penalty Cases ................................................................................................... 23
E. Appointment and Qualifications of Post-Conviction Counsel in Federal Death
Penalty Cases (28 U.S.C. § 2255) ..................................................................... 23
F. Appointment and Qualifications of Counsel in Federal Capital Habeas Corpus
Proceedings (28 U.S.C. § 2254) ........................................................................ 24
XV. Effective Date ................................................................................................................26
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United States District Court
For the Eastern District of Virginia
Criminal Justice Act Plan
I. Authority
Under the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. § 3006A, the judges of the
United States District Court for the Eastern District of Virginia 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. In doing so, the Guide to Judiciary Policy
(Guide), Volume 7A has been considered. This Plan supersedes all prior CJA plans previously
approved by this court.
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 administration of the Plan will be informed by the provisions of the
Guide, Vol. 7A.
2. The court will ensure that a current copy of the Plan is made available on
the court’s website and provided to CJA counsel upon the attorney’s
designation as a member of the CJA panel of private attorneys (CJA
Panel).
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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, and attorneys on the CJA Panel.
C. CJA Administrator
“CJA Administrator” is a person designated by the court 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 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;
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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
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, 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;
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 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;
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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 Law Enforcement
(i) Upon arrest, and where the defendant has not retained or
waived counsel, federal law enforcement officials must
promptly notify, telephonically or electronically, the
appropriate court personnel, who in turn will notify the
Federal Public Defender Organization of the arrest of an
individual in connection with a federal criminal charge.
(ii) Employees of 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.
b. Duties of United States Attorney’s Office
(i) Upon the return or unsealing of an indictment or the filing
of a criminal information, and where the defendant has not
retained or waived counsel, the Office of the United States
Attorney will promptly notify, telephonically or
electronically, appropriate court personnel, who in turn will
notify the Federal Public Defender Organization.
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(ii) Upon issuance of a target letter, and where the individual
has not retained or waived counsel, the Office of the United
States Attorney or their delegate must promptly notify,
telephonically or electronically, the appropriate court
personnel, who in turn will notify the Federal Public
Defender Organization, unless the United States Attorney’s
Office is aware of an actual or potential conflict
with the target and the Federal Public Defender
Organization, in which case they must promptly notify the
court.
(iii) Employees of the United States Attorney’s Office 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.
c. Duties of Federal Public Defender Office
(i) In cases in which the Federal Public Defender
Organization 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, promptly
notify the court to facilitate the timely appointment of
other counsel.
(ii) When practicable, the Federal Public Defender
Organization duty attorney 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, the pretrial services officer will not
conduct the pretrial service interview of a financially eligible
defendant until counsel has been appointed, unless the
right to counsel is waived or the defendant otherwise
consents to a pretrial service interview without counsel.
(ii) When counsel has been identified, 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.
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(iii) To facilitate the presence of counsel, the pretrial services
officer may conduct the pretrial services interviews by
remote means.
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 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. If the person’s net financial resources and income are insufficient
to obtain qualified counsel, then a person is “financially unable
to obtain counsel.” 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 and 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 consistent with the general provisions of this Plan.
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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;
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, 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.
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
Organization and for the appointment and compensation of private counsel from
a CJA Panel list maintained by the court in cases authorized under the CJA and
related statutes.
B. Administration
Administration of the CJA Panel, as provided in this Plan, is the
responsibility of the court.
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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.
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. §§ 2254 or 2255, are in section
XIV of this Plan.
VII. Federal Public Defender Organization
A. Establishment
The established Federal Public Defender Organization shall continue in this
district under the CJA and is responsible for rendering defense services on
appointment throughout this district.
B. Standards
The Federal Public Defender Organization 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 Organization will continually monitor the
workloads of its staff to ensure high quality representation for all clients.
D. Professional Conduct
The Federal Public Defender Organization must conform to the highest standards
of professional conduct, including but not limited to the Code of Conduct for
Federal Public Defender Employees and Local Criminal Rule 57.4(I), Professional
Ethics.
E. Private Practice of Law
Neither the Federal Public Defender nor any defender employee may engage in
the private practice of law.
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F. Supervision of Defender Organization
The Federal Public Defender will be responsible for the supervision and
management of the Federal Public Defender Organization. Therefore, the
Federal Public Defender will be appointed in all cases assigned to that
organization for subsequent assignment to staff attorneys at the discretion of the
Federal Public Defender.
G. Training
The Federal Public Defender will assess the training needs of the Federal Public
Defender staff and. in coordination with the CJA Panel Attorney District
Representative, 1 the training needs of the local CJA Panel Attorneys and provide
training opportunities and other educational resources.
VIII. CJA Panel of Private Attorneys
A. Establishment of Divisional CJA Panel Committees
1. A CJA Panel Committee (“CJA Committee”) will be established by the court
in consultation with the Federal Public Defender to serve each division;
Alexandria, Richmond and Norfolk/Newport News. Each CJA Committee
will consist of one district court judge, one magistrate judge, one federal
public defender attorney, two CJA Panel attorneys, and an ex officio staff
member employed by the clerk who will act as administrative coordinator.
2. Membership on the CJA Committee will be for a term of three years and
may be extended for an additional three years. Members’ terms will be
staggered to ensure continuity on the CJA Committee.
3. The CJA Committee for each division will meet at least twice a year and
at any time the court asks the Committee to consider an issue.
4. The CJA Panel Attorney District Representative (PADR) shall serve on
the divisional CJA Committee where they principally practice and may
attend CJA Committee meetings in and for the other divisions. The
PADR shall receive minutes and regular communication from each
divisional committee and shall provide regular updates on matters of
district wide importance.
B. Duties of the CJA Committees
1. Membership
Examine the qualifications of applicants for membership on the CJA
Panel in each division 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.
1 The CJA Panel Attorney District Representative (PADR) is a member of the district’s CJA Panel who is selected
by 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. 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.
3. Annual Report
Review the operation and administration of the CJA Panel over the
preceding year, and recommend any necessary or appropriate changes
to the chief judge concerning:
a. the size of the CJA Panel;
b. the recruitment of qualified and diverse attorneys as required in
this plan; and
c. recurring issues or difficulties encountered by panel members or
their CJA clients.
4. 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 their 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.
5. Training
Assist the Federal Public Defender Organization in providing training for
the CJA Panel on substantive and procedural legal matters affecting
representation of CJA clients.
6. Voucher Review
When requested by any judge, magistrate judge, or CJA Panel Attorney,
review and make recommendations on the processing and payment of CJA
vouchers in those cases where the court, for reasons other than
mathematical errors, is considering authorizing payment for less than the
amount of compensation claimed by CJA counsel. If review is requested,
the judge will, at the time the voucher is submitted to the CJA Committee,
provide a statement describing questions or concerns they have with the
voucher. Counsel will be notified of the potential voucher reduction and
given the opportunity to provide information or documentation relevant to
the voucher and concerns raised by the judge. The CJA Committee will
issue a written recommendation to the judge. See also: Section XII.B.6.
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7. Mentoring
Appoint experienced CJA panel members to serve on a subcommittee to create
and administer a mentoring program designed to identify and help prepare
viable candidates to qualify for consideration for appointment to the CJA Panel.
Experienced members of the criminal defense bar who have practiced
extensively in the federal courts will be selected to serve as mentors. The
subcommittee will review the mentee applications, make recommendations
concerning their participation in the mentoring program, identify appropriate
cases for the mentoring program, evaluate the success of the mentoring
program, and provide guidance to the mentors.
8. Other Duties
Perform any other duties the court delegates regarding the management and
operation of the CJA Panel.
IX. Establishment of CJA Panels
A. Approval of CJA Panel in each Division
1. The four existing, previously established panels of attorneys who are
eligible and willing to be appointed to provide representation under the
CJA are hereby recognized. Each of the court’s four divisions will
maintain its own CJA Panel.
2. The chair of each CJA Committee will recommend attorneys for
membership on the division’s respective CJA Panel after receiving
recommendations from the CJA Committee. The Norfolk/Newport
News CJA Committee will consider appointments in both those
divisions.
B. Size of CJA Panel
1. The size of the CJA Panel will be determined by the CJA Committee
based on the caseload and activity of the panel members, subject to
approval of 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 court in each division.
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2. Equal Opportunity
All qualified attorneys are encouraged to participate in the furnishing of
representation in CJA cases.
3. Eligibility
a. Applicants for the CJA Panel must be members in good standing
of the federal bar of this district and eligible for admission to the
Fourth Circuit Court of Appeals.
b. Applicants must maintain a primary, satellite, or shared office in
this district, and be willing to personally attend interviews and
court appearances in the division where they are seeking
appointment.
c. Applicants must possess strong litigation skills and demonstrate
proficiency with the federal sentencing guidelines, federal
sentencing procedures, the Bail Reform Act, the Federal Rules of
Criminal Procedure, and the Federal Rules of Evidence.
d. 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.
e. Attorneys who do not possess the experience above but believe
they have equivalent other experience are encouraged to apply
and provide in writing the details of that experience for the CJA
Committee consideration.
4. Appointment to CJA Panel
The chief judge will designate a judge in each division who will appoint or
reappoint attorneys to the CJA Panel after considering the
recommendations of the CJA Committee. 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 XIV of this Plan.
5. Terms of CJA Panel Members
To establish staggered CJA membership terms, the current CJA Panel will
be divided into three groups, equal in number. Initially, members will be
assigned to one of the three groups on a random basis. Members of the
first group will continue to serve on the CJA Panel for a term of one year,
members of the second group will continue to serve on the CJA Panel for
a term of two years, and members of the third group will continue to serve
on the CJA Panel for a term of three years. Thereafter, attorneys admitted
to membership on the CJA Panel will each serve for a term of three years,
subject to the reappointment procedures in this plan. There is no limit on
the number of terms a Panel attorney may serve.
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6. Reappointment of CJA Panel Members
a. The court will notify CJA panel members, before 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 CJA Committee will solicit input concerning the quality of
representation provided by lawyers seeking reappointment.
d. The CJA Committee also will consider 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.
e. The CJA Committee will recommend to the chief judge whether
applicants for reappointment should remain a member of the
Panel. The chief judge or the designated judge in each division
will make final decisions on reappointment to the Panel in that
division.
f. If an attorney decides not to reapply, or is not selected for
reappointment, and is involved with appointed representation of a
defendant in an ongoing matter, the attorney shall continue the
representation until the case is concluded unless otherwise
ordered by the judge presiding.
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 CJA Committee will conduct an automatic disciplinary review
of any CJA panel member against whom any licensing authority,
grievance committee, or administrative body has taken action, or
when a finding of probable cause, contempt, sanction, or reprimand
has been issued against the panel member by any state or federal
court.
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c. Complaints
(i) Initiation
A complaint against a panel member may be initiated by the
CJA Committee, a district or magistrate judge, a defendant,
or the Federal Public Defender Organization. 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 CJA Committee, which
will recommend to the chief judge whether further
investigation is necessary.
(ii) Notice
When conducting an investigation, the CJA Committee
will notify the panel member of the specific allegations.
(iii) Response
A panel member subject to investigation may respond in
writing and appear, if so directed, before the CJA
Committee or its subcommittee.
(iv) Protective action
Prior to disposition of any complaint, the CJA 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 CJA 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 experienced practitioner, or
any other appropriate remedial action.
(vi) Final disposition by the court
The CJA Committee will forward its recommendation to the
chief judge for consideration and final disposition.
CJA Plan – E.D.Va. P a g e | 15
(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 Organization will be
immediately notified when any member of the CJA Panel is
removed or suspended.
e. Nothing in this Section IX (7) shall limit in any way the scope or effect of
the provisions of Local Civil Rule 83.1(L) or Local Criminal Rule 57.4(L)
and Appendix to those rules, or in any way foreclose or supersede the
responsibility or authority of the court thereunder.
X. CJA Panel Attorney Appointment in Non-Capital Cases
A. Appointment List
The court will maintain a current list of all attorneys included on the CJA Panel in
each division, with current office addresses, email addresses, and telephone
numbers, as well as a statement of qualifications and experience.
B. Appointment Procedures
1. The court is responsible for overseeing the appointment of cases to panel
attorneys. The court will maintain a record of panel attorney appointments
and, when appropriate, data reflecting the apportionment of appointments
between attorneys from the Federal Public Defender Organization and
panel attorneys.
2. Appointment of cases to CJA panel members will ordinarily be made on a
rotational basis. In a complex or otherwise difficult case, the court may
appoint counsel outside of the normal rotation to ensure the defendant has
sufficiently experienced counsel.
3. Under special circumstances the court may appoint a member of the bar
of the court who is not a member of the CJA Panel. 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 provided 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 CJA
Committee.
CJA Plan – E.D.Va. P a g e | 16
4. Unless otherwise impracticable, CJA panel attorney(s) must be available
to represent defendant(s) at the same stage of the proceedings as is the
Federal Public Defender.
XI. 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, including but not limited to Local Criminal Rule
57.4 (I).
3. CJA panel members must notify within 30 days the chair of the CJA
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 or 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 training sessions
sponsored by the Federal Public Defender Organization, the Federal Bar
Association, and the court.
3. Attorneys on the CJA Panel are referred to the Federal Adaptation of the
National Legal Aid and Defender Association Performance Guidelines for
Criminal Defense Representations for information relevant to the
discharge of their duties.
4. CJA panel members must attend five continuing legal education hours
relevant to federal criminal practice annually.
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.
CJA Plan – E.D.Va. P a g e | 17
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 to serve until
the matter is concluded in this court (including the timely filing of any notice of
appeal) or until the appointment is terminated by court order.
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
development of a case budget consistent with Guide, Vol. 7A,
§§ 230.26.10–20. Counsel should notify the court as early as possible if the case
budgeting threshold is expected to be met.
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, or for any other contemporaneous representation of a CJA
appointed client in any other matter, unless approved in advance 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.
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;
CJA Plan – E.D.Va. P a g e | 18
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. Responsibility
for timely submission of vouchers is exclusively with the panel attorney.
3. The court’s 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.
4. Absent extraordinary circumstances, the court expects to 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 CJA Committee for
review and recommendation before final action on the claim is taken. A
CJA Panel Attorney may also invoke Independent Review by the CJA
Committee. See: Section VIII of this Plan. The presiding judge retains
final authority to approve vouchers.
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 CJA Committee 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.
CJA Plan – E.D.Va. P a g e | 19
B. Applications
Requests for authorization of funds for investigative, expert, and other services
must be submitted using the court’s eVoucher systemby filing an AUTH or
BUDGETAUTH as applicable and/or as instructed by the Case Budgeting
Attorney. Requests submitted through the eVoucher system are ex parte and
will not be disclosed except with the consent of counsel for the defendant or as
required by law or court order.
C. Compliance
Counsel must comply with Judicial Conference policies 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. The Guide, Vol.
7A, Ch. 6 will inform administration of this Plan in capital cases.
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 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. The USAO will notify FPD of all cases involving
capital crimes, and provide a list of attorneys who may be subject to a
conflict of interest in the matter at issue, as soon as practicable, and no
later than when such cases are placed on the public docket, to permit the
FPD to perform its obligations under 18 U.S.C. § 3005 and the CJA Plan.
CJA Plan – E.D.Va. P a g e | 20
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 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 are advised to become
familiar 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 with the 2008 Supplementary
Guidelines for the Mitigation Function of Defense Teams in Death Penalty
Cases, insofar as they provide advice on the responsibilities of counsel.
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.
CJA Plan – E.D.Va. P a g e | 21
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 may 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].
C. Appointment of Trial Counsel in Federal Death-Eligible Cases 2
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.
e. In appointing counsel, judges should give due weight to the
recommendations made by federal defenders and resource
counsel or articulate reasons for not doing so.
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 the Federal Public Defender Organization has been
notified of the need to appoint capitally qualified counsel.
g. Appointment of capital counsel should take into account for the
particular needs of the case and the defendant and should take
into account individualized recommendations from the Federal
Public Defender in conjunction with the Federal Death Penalty
Resource Counsel and Capital Resource Counsel projects.
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.
CJA Plan – E.D.Va. P a g e | 22
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 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.
CJA Plan – E.D.Va. P a g e | 23
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.
2. In appointing appellate counsel, judges should give due weight to the
recommendations made by federal defenders and resource counsel, or
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.
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.
CJA Plan – E.D.Va. P a g e | 24
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,
or 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 representation should not be
imposed without good cause. Every district should have access to a CHU.
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.
CJA Plan – E.D.Va. P a g e | 25
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.
4. In appointing counsel in a capital § 2254 matter, judges should give due
weight to the recommendations made by federal defenders and resource
counsel, or articulate reasons for not doing so.
5. Local or circuit restrictions prohibiting Capital Habeas Units (CHUs) from
engaging in cross-district or cross-circuit representation should not be
imposed without good cause. Every district should have access to a CHU.
6. Out-of-district counsel, including federal 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.
7. 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.
8. 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).
9. Counsel in capital § 2254 cases should have distinguished prior
experience in the area of federal post-conviction proceedings and in
capital post-conviction proceedings.
10. When possible, capital § 2254 counsel should have distinguished prior
experience in capital § 2254 representations.
CJA Plan - E.D. Va. Pa ge I 26
11. 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.
12. 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.
XV. Effective Date
This Plan will become effective when approved by the Judicial Council of the Fourth Circuit.
ENTER FOR THE COURT ON Oc:-\�bV I (., 10ol3. 1 ls!J'M&r-
Mark S. Davis
Chief Judge
CHIEF JUDGE, DISTRICT COURT
October 25, 2023
APPROVED BY THE JUDICIAL COUNCIL OF THE FOURTH CIRCUIT ON _____ _
CHIEF JUDGE, COURT OF APPEALS
