UNITED STATES DISTRICT COURT
FOR THE
WESTERN DISTRICT OF VIRGINIA
CRIMINAL JUSTICE ACT
MENTORSHIP PROGRAM
GUIDELINES
Revised January 2025 and
Approved by the Fourth Circuit
Judicial Council on March 5, 2025
I. OBJECTIVES
In order to increase the diversity of the members of the CJA Panel and ensure quality
representation for all defendants, particularly the indigent, the Court and CJA Advisory
Committee have designed a training program to identify and help prepare viable candidates
to qualify for consideration for appointment to the CJA Panel. Although an important
objective of the program is to encourage increased participation of women and minorities
on the CJA Panel, its primary goal is to obtain the best qualified CJA Panel candidates. As
such, the training program is open to all qualified candidates.
II. ADMINISTRATION OF THE MENTORSHIP PROGRAM
A. Overview
The program will be administered by the Federal Public Defender and CJA Advisory
Committee Chair with assistance from the Clerk’s Office. Mentor Attorneys from
the CJA Panel will be contacted for participation in the Mentee Program in June of
each year, following the annual CJA meeting where mentees will be selected. Each
Mentee participating in the Program will be expected to participate as a Mentee in
two felony cases. Upon successful completion of training objectives, the Mentee
may, thereafter, apply for admission to the CJA Panel. Mentees may also be offered
the option to serve another term as a Mentee if they desire more experience and/or
the CJA Advisory Committee recommends an additional term.
B. Assignment of Mentee
Upon receipt of a new case and after an attorney from the office of the Federal Public
Defender or the CJA Mentor Attorney has been appointed, the appointed counsel
will review the case and determine if a Mentee Attorney member should be
appointed in a second-chair capacity.
The CJA Mentor Attorney appointed counsel or Federal Public Defender will
contact the Clerk’s Office for the divisional location of the particular case and
request that an attorney from the appropriate divisional Mentee Panel list be assigned
to work with the lead attorney who was appointed to represent the criminal
defendant. Appointments from the list of Mentee Attorneys shall be made on a
rotational basis.
Once an assignment has been accepted by the Mentee Attorney, the Clerk’s Office
will provide the attorney with the pertinent information about the case, as well as
contact information for the “lead” attorney. An order will be entered by the Court
pursuant to Federal Rules of Criminal Procedure 6(e), 12.1, 12.2, 12.3, 16 and 26.2,
pursuant to 26 U.S.C. §§ 6103(h)(4)(D) and 6103(i)(4)(A), and pursuant to the
authority of the Court to regulate proceedings before it upon the acceptance of the
case assignment by the Mentee Panel Attorney. This order will permit the CJA
Mentor Attorney and Federal Public Defender to disclose to the Mentee Attorney
grand jury materials, sealed documents and other sensitive information which has
been furnished to the CJA Attorney or Federal Public Defender attorney by the
United States Attorney as part of the discovery in the case.
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C. Supervision and Evaluation of the Mentee’s Work
The assigned CJA Mentor Attorney or Federal Public Defender (hereinafter “Mentor
Attorney”) will supervise as lead attorney the Mentee who will act in the capacity of
a second-chair attorney.
After completing work on two felony cases, the Mentor Attorney may submit a
recommendation to the CJA Advisory Committee Chair that the Mentee Attorney
be considered for admission to the CJA Panel. The Chair will confer with the lead
attorney, obtain other recommendations regarding the Mentee Attorney, if
necessary, and will communicate this information to the CJA Advisory Committee
in a timely manner.
The Federal Public Defender will invite Mentee Panel members to attend the CJA
training seminars sponsored by the Federal Defender’s Office and/or the Court.
Such seminars are designed to assist CJA Panel members in keeping current
with new developments in the law and, thus, will be of value to the Mentees.
III. MENTORSHIP PROGRAM MEMBERSHIP
A. Application for Appointment to the Mentee Panel
Posted on the Court’s public website at https://www.vawd.uscourts.gov under the
CJA tab, will be a Program description as well as an application form in a
downloadable format (PDF/Word). Attorneys who meet the eligibility requirements
and would like to be considered for appointment must submit an application between
the dates of January 1 and March 31 to the attention of the Clerk of Court, U.S.
District Court in Roanoke.
B. Eligibility for Mentee Panel Membership
To be admitted to the CJA Mentorship Program, attorneys must:
Have three years of practice in state and/or federal courts.
Demonstrate his or her status as a member in good standing with the
Virginia State Bar.
Demonstrate a commitment to providing criminal defense services to
indigent clients.
Complete at least one training seminar on the United States Sentencing
Guideline and/or attend the Annual Frank Dunham Conference.
Demonstrate knowledge of the Federal Rules of Criminal Procedure
and the Federal Rules of Evidence.
Have observed in-court proceedings in portions of at least three federal
criminal cases.
C. Selection of Mentee Panel Members
The CJA Advisory Committee will select and forward to the Court for its approval
a list of the attorneys recommended to participate in the Mentorship Program. The
list will be divided by division of court and each division of court will have attorneys
appointed to the Mentorship Program. The CJA Advisory Committee Chair will
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cause each of the attorneys selected to be notified of this action.
Attorneys may apply to the Mentorship Program independently. However, some
attorneys who apply for the CJA Panel may be offered admission to the Mentorship
Program.
D. Length of Mentorship Period
A Mentee Attorney will be expected to serve in the Mentorship Program on the
training panel for the time necessary to participate in two felony cases. Although it
is anticipated that the training program will provide the Mentee Attorney the
opportunity to gain the experience necessary to become a successful member of the
CJA Panel, participation in the program does not guarantee admission to the CJA
Panel (nor is participation in the Mentorship Program required for admission to the
CJA Panel). Mentee Attorneys are not limited in the number of terms they may
serve.
Successful completion of one or more case assignments and upon recommendation
by the Mentor Attorney that the Mentee has the requisite level of knowledge and
skills to represent federal criminal defendants, may make the Mentee eligible to
apply for service on the CJA Panel prior to participating in two felony cases.
E. Removal or Resignation from the Program
A Mentee Attorney may be removed if unable to meet the expectations for
membership. The decision as to removal from the Mentorship Program will be
guided by the recommendation of the CJA Advisory Committee. Recommendations
for removal will be submitted to the Court for consideration. Additionally, the Court
may exercise its own discretion to cause the removal of an attorney from the
Mentorship Program.
F. Compensation
Both the Mentor and Mentee will submit their billings through the automated
eVoucher program. The Mentor shall be compensated at the current CJA hourly rate;
the Mentee will receive a reduced hourly rate of $125.00. No time can be billed by
the Mentee dedicated to training, such as attending seminars or viewing videos.
The only expenses allowed to be incurred by the Mentee are travel related expenses,
such as mileage and parking, and expenses associated with computer assisted
research. Any other expenses, such as costs associated with experts (including
interpreters), investigators, reproduction of transcripts/briefs, requested records, etc.,
shall not be reimbursable to the Mentee. Rather, it is the responsibility of the Mentor
to bear these expenses and seek reimbursement or prior authorization when
appropriate.
G. PACER Service
Mentees will be eligible to receive, free of charge, PACER services in CJA related
matters. In order to take advantage of this service, the Mentee Attorney will need to
access the PACER website at: http://pacer.psc.uscourts.gov and complete the online
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registration form. Mentee Attorneys should, under “Firm Name,” type in his or her
name followed by “CJA Mentorship Program.” Once the registration has been
submitted, the Mentee will receive his or her own ID number and password directly
from PACER. Mentees should be aware, however, that PACER services are
monitored and that the use of the free service is for CJA related matters only.
Unauthorized use of the PACER service will result in removal from the Mentorship
Program. Any Mentee who wishes to use PACER for non-related CJA matters must
register under his or her own name and obtain a different account number.
IV. EXPECTATIONS FOR PARTICIPANTS IN THE PROGRAM 1
A. Mentors As Lead Attorneys
Cases that will serve as teaching vehicles will be newly presented cases that will
expose the Mentee Attorney to myriad issues across the spectrum of representation
(e.g., bail and release, discovery review, proffer sessions, plea negotiations,
sentencing guideline calculations and negotiations, client interviews and
conferences regarding various issues and themes, legal research and writing, and
possible evidentiary hearing, trial and/or sentencing).
Mentor Attorneys participating in the program shall supervise the Mentee Attorneys.
Mentor Attorneys shall have discretion regarding the extent of the Mentee
Attorney’s involvement, depending on the unique needs of the case and the
experience of the attorney.
The Mentor Attorney will have the ultimate responsibility for any case in which a
Mentee is assisting, including the final decision-making authority about legal
strategy. The Mentor Attorney will also have the primary responsibility for
communication with the client, although it is anticipated that the Mentee Attorney
will attend client meetings if the defendant consents.
The Mentor Attorneys are expected to give feedback to their Mentee Attorneys as to
their performance on an ongoing basis.
The Mentor Attorneys will also report annually to the CJA Advisory Committee
Chairman regarding the training needs and progress of the Mentee Attorneys with
whom they have been working.
B. Mentee Attorneys
Each Mentee Attorney will make his or her best effort to be available to serve
through various stages of a federal criminal case and should strive to assist with
and/or attend the following, if possible:
Initial appearance
Arraignment/detention hearing
Jail visit/client meeting
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See Appendix A, Mentee Duties and Responsibilities, Appendix B, Mentee Evaluation Form, and Appendix C, Mentor
Evaluation Form
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Plea negotiation
Discovery review
Sentencing guidelines calculations and analyses
Sentencing hearing
Motion drafting
Composing sentencing memoranda
Pre-trial hearings and conferences
Trial
Mentee Attorneys will assist the lead attorney as requested. Mentee Attorneys will
have the same professional responsibilities to the client and the court as in a case in
which they were the appointed attorney.
Mentee Attorneys will be expected to keep current with developments in federal
criminal defense law, practice and procedure. The attorneys will be invited to attend
training seminars sponsored by the Federal Defender’s Office. Attendance by the
Mentee Attorneys at these and other similar training sessions is strongly encouraged.
Mentees are also expected to participate in self-study by availing themselves of
resources and videos found at https://www.fd.org/, https://www.ussc.gov/ and
NACDL.org.
V. OBLIGATIONS OF THE MENTORS
A. Post-Case Written Evaluation of Mentee Attorney
Upon the conclusion of a case (e.g., jury verdict, guilty plea, sentencing), the Mentor
Attorney must complete a confidential written evaluation of the second-chair
attorney’s performance. See Appendix B Mentee Evaluation Form. The evaluation
should be sent via email or regular mail to the attention of the Clerk, U.S. District
Court.
The Clerk will provide copies of the evaluation to the CJA Advisory Committee
Chair, the Federal Public Defender, and the CJA Panel Division Representative. In
the discretion of the Chair, a copy of the evaluation will be provided to the Chief
Judge.
B. December 1 Deadline For Evaluations and Recommendations
Mentors must submit the evaluations no later than December 1 of the year for which
the Mentee worked with the Mentor.
C. Early-Termination Recommendations by the Mentor
Attorney Deficient Performance.
If the Mentor recommends early termination from the program for deficient
performance, the Mentor must submit that recommendation in writing to the CJA
Advisory Committee as soon as the Mentor deems prudent. The recommendation
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must be sent to the Clerk, U.S. District Court, via regular mail or email.
The matter will be scheduled for discussion among the CJA Advisory
Subcommittee for the division of court in which the Mentee Attorney
performed the duties as soon as practicable. Input from other attorneys with
whom the Mentee worked will be sought as well as input from the district
judges before whom the Mentee appeared.
Superior Performance.
If the Mentor recommends that the Mentee be considered ready for early termination
and consideration for appointment to the CJA Panel in light of superior performance,
knowledge and skills, the Mentor must submit that recommendation in writing to the
CJA Advisory Committee as soon as he/she deems prudent. Mentor Attorneys are
encouraged to complete and submit these evaluations prior to December 1 so that
the Mentee Attorney will have the opportunity to submit an application for
consideration for appointment to the CJA Panel.
The matter will be scheduled for discussion among the CJA Advisory
Subcommittee for the division of court in which the Mentee’s practice is
located. The Committee will seek input from other Mentor Attorneys as
well as from the district judges before whom the Mentee has appeared.
VI. CONCLUSION OF SERVICE ON THE MENTEE PANEL
A. Notification of Completion of the Program
When the Mentee Attorney successfully has completed the program, the CJA
Advisory Committee Chairman will notify the Mentee and invite the Mentee to
consider applying for admission to the CJA Panel.
If the CJA Advisory Committee has determined that continued service in the
Mentorship Program would benefit the Mentee, the Chair will notify the Mentee that
he or she may either leave the Mentorship Program or continue on for another term.
B. Notification of Termination from the Program
If the CJA Advisory Committee recommends that a Mentee be removed from the
Mentorship Program for deficient performance or other conduct deemed unsuitable
for practice before the Court, the Chair will notify the Mentee that he or she is being
removed from the Mentorship Program.
C. Consideration for Admission to CJA Panel
Successful completion of the Mentorship Program does not guarantee automatic
admission to the CJA Panel, but it is an important factor and one that the Advisory
Committee will consider.
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