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UNITED STATES DISTRICT COURT
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WESTERN DISTRICT OF WASHINGTON
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11 IN RE: AMENDED CRIMINAL JUSTICE GENERAL ORDER 13-24
ACT PLAN
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17 The Court hereby adopts the attached Amended Criminal Justice Act Plan for the United
18 States District Court Western District of Washington, as approved by the Judicial Council for the
19 Ninth Circuit on November 21, 2024.
20 This Amended Criminal Justice Act Plan is effective as of November 21, 2024, and
21 supersedes this Court’s prior Plan.
22 The Federal Public Defender is directed to supply a copy of the Plan to all members of
23 the CJA Panel.
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GENERAL ORDER 13-24 - 1
1 IT IS SO ORDERED.
2 Dated this 2nd day of December, 2024.
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David G. Estudillo
5 Chief United States District Judge
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GENERAL ORDER 13-24 - 2
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WASHINGTON
CJA PLAN
I. AUTHORITY
As required by the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. § 3006A,
and the Guidelines for Administering the CJA and Related Statutes, Volume 7A, Guide to
Judiciary Policy (CJA Guidelines), the judges of the United States District Court for the
Western District of Washington adopt this Plan, as approved by the Ninth Circuit,
for furnishing representation in federal court for any person financially unable to
obtain adequate representation.
II. STATEMENT OF POLICY
A. Objectives
The objectives of this Plan are to attain the goal of equal justice under the law by
providing all eligible persons with timely appointed counsel services that are
consistent with the best practices of the legal profession, to ensure that services
are cost-effective without compromising the quality of representation, to
promote the independence of the defense function so that the rights of
individual defendants are safeguarded and enforced, and to particularize the
requirements of the CJA, the USA Patriot Improvement and Reauthorization Act
of 2005 (recodified at 18 U.S.C. § 3599), CJA Guidelines, Ninth Circuit CJA Policies
and Procedures, and Local Rules of the Western District of Washington in a way
that meets the needs of this district.
This Plan must 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. Representational Services
This Plan provides for representational services by the Federal Public Defender
Office and for the appointment and compensation of private attorneys from an
approved panel list (“CJA Panel”) and other private attorneys in limited
circumstances, in cases authorized under the CJA and related statutes.
C. Panel Administration
Administration of the CJA Panel, as set forth in this Plan, is hereby delegated and
assigned to the Federal Public Defender Office.
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D. Compliance
The Court, its clerk, the Federal Public Defender Office, attorneys provided by a
bar association or legal aid agency, private attorneys appointed under the CJA,
federal law enforcement officers, the United States Attorney’s Office, and the
Pretrial Services Office must comply with the CJA Guidelines, approved by the
Judicial Conference or its Committee on Defender Services, the Ninth Circuit’s
CJA Policies and Procedures, and with this Plan. The Court will ensure that a
current copy of the CJA Plan is made available on the Federal Public Defender
Office’s website and provided to counsel upon the attorney’s designation as a
member of the CJA Panel.
III. DEFINITIONS
A. “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 Office and its staff attorneys, and
attorneys provided by a bar association or legal aid agency.
B. “CJA Administrator” is a person employed by the Federal Public Defender
Office to perform tasks related to the administration of the CJA Panel.
C. “CJA Resource Counsel” is an attorney employed by the Federal Public
Defender Office who oversees voucher review.
D. “Panel Attorney District Representative” (PADR) is a member of the district’s
CJA Panel who is selected by the CJA Standing Committee, with approval from
the Chief District Judge, to serve a three-year renewable term as a
representative of the district’s CJA Panel for the Defender Services CJA PADR
program and local CJA committees.
E. “Representation” includes counsel, service providers (such as paralegals,
investigators, or experts), litigation support vendors, and expenses.
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IV. 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 appointed representation is required by law;
e. is entitled to appointed 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 or when an
evidentiary hearing is warranted in a non-capital proceeding
under 28 U.S.C. § 2254 or § 2255;
j. is entitled to appointment of counsel in verification of consent
proceedings in connection with a transfer of an offender to or
from the United States for the execution of a penal sentence
under 18 U.S.C. § 4109;
k. is 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;
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b. is seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 other than
to set aside or vacate a death sentence, unless an evidentiary
hearing is warranted (see above IV(A)(1)(i));
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. The Court has the discretion to appoint counsel 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 to:
a. protect a constitutional right;
b. contribute in some significant way to the defense of the principal
criminal charge;
c. aid in preparation for the trial or disposition of the principal
criminal charge;
d. enforce the terms of a plea agreement in the principal criminal
charge;
e. 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).
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B. Financial Eligibility
1. Presentation of Accused for Financial Eligibility Determination
a. Duties of Federal Law Enforcement Officers
(1) For the purpose of ensuring that eligible persons have
access to counsel as soon as practicable, federal law
enforcement officials must promptly notify, telephonically
or electronically, the appropriate court personnel of an
arrest, unless the person has retained counsel. Court
personnel will in turn notify the Federal Public Defender
Office of the arrest.
(2) Employees of law enforcement agencies may 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
(1) Upon the return or unsealing of an indictment, the filing of
a criminal complaint or information, and where the
defendant has not retained counsel, the United States
Attorney’s Office will promptly notify, telephonically or
electronically, appropriate court personnel, who in turn
will notify the Federal Public Defender Office.
(2) Upon issuance of a target letter, and where the individual
has not retained counsel, the United States Attorney’s
Office must promptly notify, telephonically or
electronically, the appropriate court personnel, who in
turn will notify the Federal Public Defender Office, unless
the United States Attorney’s Office is aware of an actual
or potential conflict with the target and the Federal
Public Defender Office, in which case they must promptly
notify the Court.
(3) Employees of the United States Attorney’s Office may 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
(1) In cases in which the Federal Public Defender Office
may be appointed, the office will immediately
investigate and determine whether an actual or
potential conflict exists and, if so, must promptly notify
the CJA Administrator to facilitate the timely
appointment of other counsel.
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(2) Whenever practicable, the Federal Public Defender Office
will discuss with the person the right to appointed
counsel, assist with completion of a financial affidavit
(Form CJA 23), and arrange to have the matter promptly
presented before a judicial officer of this Court to
determine financial eligibility and counsel appointment.
d. Duties of Pretrial Services Office
(1) When counsel has been appointed, the pretrial services
officer will provide counsel notice and a reasonable
opportunity to attend any interview of the defendant by
the pretrial services officer prior to the initial pretrial
release or detention hearing.
(2) Unless it is not practicable, the pretrial services officer will
not conduct the pretrial services 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 services interview without
counsel.
2. Eligibility Determination
a. In every case where 18 U.S.C. § 3006A(a) and related statutes
authorize appointment of counsel, 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, the Court will appoint
counsel to represent the person if he or she is financially unable
to obtain counsel.
b. The completed financial eligibility affidavit (Form CJA 23) should
reflect relevant information bearing on the person’s financial
eligibility for appointed counsel and should not be included in the
public case file.
c. Determining eligibility for representation under the CJA is a
judicial function performed by the Court after making appropriate
inquiries concerning the person’s financial eligibility. Other
employees of the Court or the Federal Public Defender Office may
be
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designated to obtain or verify the facts relevant to the financial
eligibility determination.
d. If at any time after appointment appointed counsel has reason to
believe that a person is financially able to retain private counsel or
make partial payment for the appointed representation, and the
source of counsel’s information is not protected as a privileged
communication, counsel will advise the Court.
e. If at any time after the appointment of counsel a judge finds that
a person provided representation is financially able to retain
private counsel or make partial payment for the appointed
representation, the judge may terminate the counsel
appointment or direct the defendant to pay available funds as
provided in 18 U.S.C. § 3006A(f).
f. If at any stage of the proceedings a judge finds that a person is no
longer financially able to pay retained counsel, counsel will be
appointed in accordance with the general provisions set forth in
this Plan.
g. If at any stage of the proceedings a judge finds that a pro se or
privately represented person is not financially able to pay other
representation costs, including investigative, expert, or other
services, funding may be authorized for those costs in accordance
with the general provisions set forth in this Plan.
3. Standards
a. In determining whether a person is “financially unable to obtain
counsel,” the Court should consider the cost of providing the
person and the person’s dependents with life’s necessities, the
cost of securing pretrial release, asset encumbrance, and the
likely cost to retain counsel.
b. The initial eligibility determination must be made without regard
to the financial ability of the person’s family to retain counsel
unless the person’s family indicates a willingness and ability to do
so promptly.
c. Any doubts about a person’s eligibility should be resolved in the
person’s favor; erroneous determinations of eligibility may be
corrected later.
V. TIMELY APPOINTMENT OF COUNSEL
A. Timing. Eligible persons must receive appointed counsel as soon as feasible. This
means as soon as possible after receiving a target letter, after being taken into
custody, upon appearing before a judicial officer, when formally charged, when
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notified of charges if formal charges are sealed, or when a judicial officer
otherwise determines appointed counsel is appropriate under the CJA or this
Plan, whichever occurs earliest. The Court, in cooperation with the Federal
Public Defender Office 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.
B. Pretrial Services Interview. When practicable, unless the right to counsel is
waived or the defendant otherwise consents to a pretrial services interview
without counsel, financially eligible persons will be provided appointed counsel
prior to being interviewed by a pretrial services officer
C. Retroactive Appointment. Appointment of counsel may be made retroactive to
include representation provided prior to entry of an appointment order.
VI. FEDERAL PUBLIC DEFENDER OFFICE
A. Establishment
The Federal Public Defender Office is established in this district under the CJA
and is responsible for rendering defense services on appointment throughout
this district.
B. Staff Supervision and Case Workload
The Federal Public Defender is responsible for supervising and managing the
Federal Public Defender Office. Accordingly, the Federal Public Defender will be
appointed in all cases assigned to that organization for subsequent assignment
to staff attorneys at the Federal Public Defender’s discretion. The Federal Public
Defender will continually monitor staff workloads to ensure high-quality
representation for all clients.
C. Standards and Professional Conduct
D. The Federal Public Defender Office must provide high-quality representation
consistent with the best practices of the legal profession. The Federal Public
Defender Office must conform to the highest standards of professional conduct,
including but not limited to the Washington State Rules for Professional Conduct
and the Code of Conduct for Federal Public Defender employees. Private Practice
of Law
Neither the Federal Public Defender nor any defender employee may engage
in the private practice of law except as authorized by the Federal Public
Defender Office Code of Conduct.
E. Panel Attorney Training
In coordination with the PADR and the CJA Standing Committee, the Federal
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Public Defender Office will assess the training needs of the CJA Panel and provide
regularly scheduled training opportunities and other educational resources that
include updates regarding substantive law, best practices in federal criminal
defense, and presentations on courtroom and office technology.
VII. CJA STANDING COMMITTEE
A. Establishment
1. A CJA Standing Committee will be established by the Federal Public
Defender Office in consultation with the Court to assist the Court in the
selection, oversight, and management of CJA Panel members. The CJA
Standing Committee may establish subcommittees that include non-
members to address specific CJA-related issues such as recruiting panel
members, training, mentoring, reviewing complaints, and reviewing
voucher reductions.
2. At a minimum, the CJA Standing Committee must consist of:
a. the Federal Public Defender or delegate, who will be a
permanent member of the CJA Standing Committee;
b. the district’s current PADR or delegate, who will be a permanent
member of the CJA Standing Committee;
c. two or more criminal defense attorneys, at least one of whom is a
CJA Panel member.
d. the CJA Resource Counsel, who shall serve as an ex officio
member of the CJA Standing Committee.
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3. Except for the Federal Public Defender, PADR, and CJA Resource
Counsel, members will serve for three years and may be extended for
one additional three-year term. Terms will be staggered to ensure
continuity on the CJA Standing Committee and rotation of members.
Vacancies will be filled upon recommendation of the remaining
committee members and approval by the Chief District Judge.
4. The CJA Standing Committee will meet at least twice a year and at any
time the Court or a committee member asks the committee to consider
an issue.
B. Duties
1. CJA Panel Membership. The CJA Standing Committee will examine
applications for appointment or reappointment to the CJA Panel and
recommend to the Chief District Judge approval of those attorneys
deemed qualified to serve on the CJA panel, as provided in Sections
VIII.C and VIII.D. The committee will also recommend removal of any
CJA Panel attorney who fails to satisfy the requirements of panel
membership, including failing to provide high quality representation, or
engages in conduct that would render continued panel service
inappropriate. See also Section VIII.E.
2. Recruitment. The CJA Standing Committee will strive to establish and
maintain a diverse CJA Panel of the highest caliber federal criminal
defense practitioners. In conjunction with a mentoring program, the
Committee will devise a recruitment strategy that identifies and trains a
diverse set of viable panel applicants.
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3. Mentoring. The CJA Panel Committee will collaborate with the Defender
Organization to administer a mentoring program to help prepare viable
panel candidates by pairing experienced practitioners with attorneys new
to federal criminal practice. Mentoring program participants will be
compensated. See Appendix A
4. Training. The CJA Standing Committee will assist the Federal Public
Defender Office in devising and presenting training programs for the
CJA Panel.
5. Voucher Review. The CJA Standing Committee will be available to
review and make a recommendation on any
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CJA payment voucher the presiding judge or designee is considering
reducing for reasons other than mathematical errors. The presiding
judge or designee will, at the time the voucher is submitted to the CJA
Standing 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
relevant information or documentation. See Section XI.E.
6. Annual Report. Annually, the committee will review panel operation and
administration for the preceding year and provide a report to the Chief
District Judge describing efforts to recruit qualified and diverse panel
members, any proposed changes to panel size, any recurring issues or
difficulties panel attorneys or their clients encounter, and any other
operating difficulties, along with recommendations for appropriate
changes.
VIII. CJA PANEL MEMBERSHIP
A. Establishment
The existing, previously established panel[s] of attorneys who are eligible and
willing to be appointed to provide representation under the CJA is hereby
recognized. The Court will approve additional attorneys for membership on the
CJA Panel after receiving recommendations from the CJA Standing Committee.
Nothing in this Plan creates a property interest in being or remaining on the CJA
Panel.
1. Appellate Panel. The Federal Public Defender and CJA Administrator shall
maintain a list of qualified individuals to handle appointments on appeal.
The list shall include individuals with a proven commitment to the
defense function, who are learned in the practice of federal criminal law
and have demonstrated excellence in writing skills. In selecting
individuals for placement on the appellate panel, the Federal Public
Defender shall take steps to ensure appropriate diversity and geographic
balance within the Western District of Washington and the inclusion of
panel members who speak Spanish and other languages typically spoken
by residents of this district.
2. Emeritus Panel. The Federal Public Defender may create an emeritus CJA
Panel. Attorneys will be eligible for inclusion on the emeritus panel when
they have served with distinction on the active panels or have otherwise
demonstrated excellence in the practice of federal criminal defense and
wish to be active in CJA matters but are not able or willing to accept
appointments on a rotational basis due to other significant constraints
on their time. Members of the emeritus panel who are unable to take
cases in a given year are expected to contribute in other ways, such as
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serving as mentors for other CJA Panel members and/or presenting at
training seminars. The Federal Public Defender shall review the emeritus
panel at least annually to ensure that all members remain capable and
eligible for inclusion.
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B. Size
The CJA Panel size will be determined by the CJA Standing Committee, subject
to the Court’s review, based on panel member caseloads and activity. The CJA
Panel must be large enough to provide a sufficient number of experienced
attorneys to handle the CJA caseload, yet small enough so panel members will
each receive an adequate number of appointments to maintain their federal
criminal defense work proficiency, enabling them to provide high quality
representation consistent with the best practices of the legal profession.
C. Qualifications and Membership
1. Equal Opportunity. All qualified attorneys are encouraged to apply for
CJA Panel membership. The CJA Standing Committee shall not
discriminate against, or grant preferential treatment to, any individual or
group on the basis of race, sex, color, ethnicity, national origin, gender
identity, sexual orientation, age, religion, or disability.
2. Application. Application forms for CJA Panel membership are available
from the Federal Public Defender Office. Applications may be submitted
to the CJA Standing Committee at any time.
3. Eligibility. CJA Panel applicants must:
a. be members in good standing of the state bar of this district,
federal bar of this district, and the Ninth Circuit Court of Appeals;
b. except for appellate or capital habeas panel members, maintain a
primary, satellite, or shared office in the District;
c. possess strong litigation and writing skills;
d. demonstrate proficiency with the Bail Reform Act,
Recommendations for Electronically Stored Information Discovery
Production in Federal Criminal Cases (ESI Protocol), Federal Rules
of Evidence, Federal Rules of Criminal Procedure, Federal Rules of
Appellate Procedure, United States Sentencing Guidelines, federal
sentencing procedures, and this District’s Local Rules;
e. have the training and ability to manage and effectively utilize
electronic case presentation equipment and software in the
courtroom and manage electronic discovery;
f. 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.
g. carry professional malpractice insurance with minimum limits of
$200,000.00 for each occurrence.
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(1) Attorneys who do not possess the experience set forth
above but believe they have equivalent other experience,
or who have completed a mentoring program, are
encouraged to apply and set forth in writing the details of
that experience for the committee’s consideration.
D. Reappointment
1. Once appointed, CJA Panel members will serve a term of three years. CJA
Panel members may serve an unlimited number of terms and may serve
on specialized panels as deemed appropriate by the CJA Standing
Committee.
2. Every year, the Committee will review a third of the members of the
panel, so that the entire CJA panel is reviewed every three years. During
the review, participating lawyers will be asked if they wish to remain on
the panel.
3. In considering the reappointment of CJA Panel members, the CJA
Standing Committee may:
a. solicit input from the legal community and the Court concerning
the quality of representation provided by attorneys seeking
reappointment;
b. request a personal interview with the CJA Panel member; and
c. consider the number of cases the CJA Panel member accepted
and declined during the review period, the member’s
participation in training opportunities and compliance with
continuing legal education requirements, whether the member
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continues to meet this Plan’s technology and facilities
requirements, whether the member has been the subject of any
complaints, whether the member has complied with CJA funding
authorization and billing procedures and requirements, and
whether the member continues to meet the prerequisites and
obligations of CJA panel members or applicants as set forth in this
Plan.
E. Removal
1. Mandatory Removal. Members of the CJA Panel who are suspended or
disbarred from the practice of law by their state courts, or who are
suspended or disbarred from any federal court, will be removed from the
CJA Panel immediately and ordered to withdraw from current CJA
representations. The CJA Administration will be immediately notified
when any member of the CJA Panel is removed.
2. Automatic Disciplinary Review. The CJA Standing Committee will conduct
an automatic disciplinary review of any CJA panel member against
whom any licensing authority, grievance committee, or administrative
body has acted, or when a finding of probable cause, contempt,
sanction, or reprimand has been made against the panel member by any
state or federal court.
F. Complaints
1. A member of the CJA Panel may be suspended from new case
appointments by the CJA Standing Committee upon a vote of the
majority of the voting members of the CJA Standing Committee. A
member of the CJA Panel may be removed from the Panel due to
deficient representation or misconduct at any time upon a
recommendation for removal by the CJA Standing Committee and vote
of the majority of the judges.
2. The CJA Standing Committee will investigate complaints about
misconduct or deficient representation regarding CJA Panel attorneys
and make a recommendation to the Court if a majority of voting
members believe that an attorney should be removed from the CJA
Panel.
3. The Committee will provide the attorney with a written statement of
reasons and an opportunity to respond and meet with the Committee
before a suspension or recommendation of removal from the Panel. In
cases of suspension, the Committee will also inform the attorney of the
duration of their suspension and/or any requirements for lifting the
suspension.
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4. If there are circumstances warranting immediate suspension, the
Committee may temporarily suspend an attorney prior to meeting with
the attorney. The Committee shall notify the Court whenever an
attorney is suspended and the reasons for the suspension. The Court
shall then decide, by majority vote, whether to remove an attorney who
has been suspended from pending cases during the suspension.
5. In instances when a lesser remedy than suspension or removal is
appropriate, the Committee may decide to do one or more of the
following without involvement of the Court: place the attorney on
probation, require training, implement a performance improvement
plan, assign a mentor to the attorney or require co-counsel for pending
or new cases, or take any other action or impose any other conditions it
deems appropriate.
6. While removal is considered final by the Court, an attorney may submit a
new application for Panel membership if they believe the issues leading
to removal have been adequately addressed. An application may be
submitted for a term beginning at least one full year after the removal or
non-renewal of the attorney’s panel membership.
7. None of these procedures create a property interest in being on or remaining
on the CJA Panel.
8. Information acquired concerning complaints and potential disciplinary
action will remain confidential unless otherwise directed by the Court or
required by applicable ethical standards.
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IX. CJA PANEL MEMBER DUTIES
A. Standards and Professional Conduct
1. CJA panel members must provide high quality representation consistent
with the legal profession’s best practices. CJA Panel attorneys will be
guided in their practice by the Federal Adaptation of the National Legal
Aid and Defender Association Performance Guidelines for Criminal
Defense Representations and the ABA’s Criminal Justice Standards for the
Defense Function.
2. Attorneys appointed under the CJA must conform to the highest
standards of professional conduct, including but not limited to the
Washington State Rules for Professional Conduct
3. CJA Panel members must immediately notify the CJA Administration in
writing, if they are disbarred, suspended, sanctioned, or reprimanded by
any licensing authority, grievance committee, or administrative body.
CJA Panel members must also notify the CJA Administration, in writing,
within 30 days, if they are sanctioned or found in contempt by any state
or federal court judge.
B. Training and Continuing Legal Education
1. CJA Panel attorneys are expected to remain current with developments in
federal criminal defense law, practice, and procedure, including
electronic discovery techniques.
2. The CJA Standing Committee shall establish training requirements and
monitor compliance of panel members. Failure to comply with these
training and legal education requirements may be grounds for removal
from the CJA Panel.
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C. Facilities and Technology Requirements
1. CJA panel attorneys must have the facilities, resources, and technological
capability to effectively and efficiently manage assigned cases, including
the availability of office space to meet with clients and the technological
resources to receive, review, organize, and otherwise manage electronic
discovery and records.
2. CJA panel attorneys must know and comply with the requirements of
electronic filing and eVoucher, including how to submit requests for
investigative, expert, and other services.
X. COUNSEL APPOINTMENT IN NON-CAPITAL CASES
A. Apportionment of Cases
Where practical and cost effective, private attorneys from the CJA Panel will be
appointed in a substantial proportion of the cases in which the accused is
determined to be financially eligible for representation under the CJA.
“Substantial” will usually be defined as a minimum of twenty-five percent (25%)
of the annual CJA appointments.
B. Number of Counsel
More than one attorney may be appointed in any case determined by the Court
to be extremely difficult or when necessary, in the interests of justice, to ensure
high quality representation. Co-counsel who are members of the CJA Panel will
be compensated at the applicable CJA hourly rate. If a non-panel attorney is
appointed as co-counsel, the Court will determine the hourly rate, not in excess
of the applicable CJA hourly rate, based on the attorney’s experience and
qualifications.
C. Appointment List
The Federal Public Defender Office will maintain a current list of all CJA Panel
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attorneys, with current office addresses, email addresses, and
telephone numbers
D. Appointment Procedure
The Federal Public Defender Office is responsible for overseeing the assignment
of cases to panel attorneys. The Federal Public Defender Office will maintain a
record of panel attorney appointments and data reflecting the proportion of
appointments among the CJA Panel and Federal Public Defender Office.
1. Appointments should be made in a manner that results in both a
balanced and equitable distribution of appointments among members of
the CJA Panel, and quality representation for each CJA defendant.
2. At the direction of the Court or the Federal Public Defender, an attorney
may be assigned out of order for a case which requires particular
expertise, is of particular complexity or severity, or involves a client with
unusual needs. If the distribution of cases over the course of a year
becomes unbalanced or inequitable, the CJA Administrator, in
conjunction with the Federal Public Defender, may on occasion deviate
from the rotational system by skipping an attorney or attorneys to
achieve a more balanced and equitable distribution of assignments. Such
deviation from the rotational order shall be documented in CJA records.
3. Under special circumstances, the Court may appoint an attorney who is
not a member of the District’s 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. Other
circumstances may include large multi-defendant cases for which there is
an insufficient number of CJA Panel attorneys in the District.
4. It is not anticipated that special circumstances will arise often, and the
procedures set forth in the Plan are presumed to be sufficient in the vast
majority of cases in which counsel are to be appointed. Appointments
made under this section will be reported to the CJA Standing Committee.
E. Continuing Representation
1. Once counsel is appointed under the CJA, counsel will continue the
representation until:
a. the matter is closed, including conclusion of any appellate or
certiorari proceedings;
b. substitute counsel has filed a notice of appearance;
c. an order is entered allowing the client to proceed pro se; or
d. the appointment is otherwise terminated by Court order.
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2. If trial counsel prefers to withdraw in favor of new counsel on appeal,
trial counsel will first file the notice of appeal in the district court to
preserve the client’s right to appeal and then move to withdraw in the
Court of Appeals, asking for appointment of substitute counsel.
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XI. CJA ATTORNEY COMPENSATION AND FUNDING FOR NEEDED SERVICES
A. Court Compensation Policies
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. In
determining the reasonableness of out-of-court time, the court must
consider three factors:
a. whether the work was performed;
b. whether the work performed was a reasonable means of
achieving the client’s aims in the litigation; and
c. whether the time spent to accomplish that work was reasonable.
2. Voucher reductions will be limited to mathematical errors; instances in
which work billed was not compensable, undertaken, or completed; and
instances in which the hours billed clearly exceed what was reasonably
required to complete the task.
3. Vouchers and funding requests for service providers and other litigation
costs will not be delayed or reduced to lessen Defender Services program
costs in response to adverse financial circumstances.
4. Absent extraordinary circumstances, the Court or designee will act on
compensation claims within 14 days of submission.
5. Payment vouchers and amounts paid to counsel or service providers will
not be disclosed except as required by law or CJA Guidelines.
B. Claim Submission
1. Claims for compensation from counsel or a service provider must be
submitted on the appropriate CJA form through the Court’s eVoucher
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system. Information regarding eVoucher is available on the Federal
Public Defender Office website.
2. Interim claims for compensation from counsel or a service provider may
be submitted monthly if the amount of outstanding billable time
exceeds $1,000.
3. Final claims for compensation from counsel or a service provider will be
submitted no later than 45 days after the representation concludes,
unless good cause is shown. Every effort should be made to encourage
claim submission as soon as possible upon completion of services
rendered. While extremely late submissions may impact the ability to
adequately substantiate claims, voucher reductions based solely on
submissions outside the time limit are not authorized.
C. Delegated Authority for Claim Approval
1. This Court has delegated to CJA Resource Counsel and the CJA Panel
Administrator the authority to review, approve, adjust, or deny in
accordance with the CJA and this Plan:
a. CJA compensation claims requesting payment (“vouchers”) for the
services of an attorney for up to $25,000 per attorney per case;
b. CJA compensation claims requesting payment for the services of
interpreters, investigators, paralegals, and other service providers
up to a combined $10,000 per case; and
c. Requests for transcripts and routine travel and all associated
vouchers.
2. This Court has delegated to CJA Resource Counsel the authority to review,
approve, adjust, or deny in accordance with the CJA and this Plan all
budgets, regardless of amount, in criminal cases, in consultation with a
Ninth Circuit Case Budgeting Attorney as necessary.
3. Judges shall retain authority to review, approve, adjust, or deny for all
cases assigned to them:
a. CJA compensation claims requesting payment (“vouchers”) for the
services of an attorney in excess of $25,000 per attorney per case;
and
b. CJA compensation claims requesting payment for the services of
interpreters, investigators, paralegals, and other service providers
in excess of a combined $10,000 per case.
4. Individual judges may opt to retain authority to review, approve, adjust,
Western District of Washington CJA Plan Page 23
or deny all attorney and service provider vouchers for cases assigned to
them, and must inform the CJA Administrator of their intent to do so.
5. The Court retains ultimate review and approval authority.
D. Voucher Review Procedure
The CJA Department will perform an initial review for accuracy and
compensability under the CJA Guidelines, Ninth Circuit CJA Policies and
Procedures, and Ninth Circuit CJA Compensability Handbook. In determining
whether services provided by counsel are compensable, the guidelines for
Western District of Washington CJA Plan Page 24
ancillary appointment of counsel in Section IV.A.3 of this Plan may be
considered. After this review, vouchers will be forwarded for consideration and
action by the presiding judge or designee, who will review claims for overall
reasonableness. A voucher may be referred to the CJA Standing Committee for
review and recommendation before final action on the claim is taken.
E. Voucher Reductions and Independent Review Procedures
1. Reductions. Claims for compensation under the CJA will not be reduced
without affording counsel notice and an opportunity to be heard.
a. When contemplating a voucher reduction for other than
mathematical or technical reasons, the Court or CJA
Department will notify CJA counsel of any proposed reduction
and offer counsel the opportunity to justify the submission.
b. If counsel indicates that the reduction is not contested, or if no
response is received within ten days, the Court or CJA
Department will process the reduced voucher.
c. If counsel responds and provides information justifying the
claimed time or expense, the voucher will be approved as
submitted.
2. Independent Review.
a. If after reviewing counsel’s response the presiding judge or CJA
Department reduces the voucher, counsel may seek review of the
reduction to the Chief District Judge or designee within ten days.
If the Chief District Judge is the presiding judge who reduced the
voucher, counsel may seek review by the Chief Circuit Judge or
designee within thirty days. Deadline extensions may be granted
for good cause.
b. If the reviewing judge or designee finds the request for review to
be meritorious, the CJA Department will direct counsel to create a
new voucher for the appropriate amount.
F. Investigative, Expert, and Other Services; Litigation Expenses
1. Financial Eligibility. Counsel for a person financially unable to obtain
investigative, expert, or other services necessary for an adequate defense
may request CJA funding 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 presiding
judge or designee must authorize the funding.
Western District of Washington CJA Plan Page 25
2. Delegation. This Court has delegated to CJA Resource Counsel the
authority to review, approve, adjust, or deny in accordance with the CJA
and this Plan.
a. CJA compensation claims requesting payment (“vouchers”) for the
services of interpreters, investigators, paralegals, and other service
providers up to a combined $10,000 per case;
b. Requests for funding (“AUTHs”) for interpreters, investigators,
paralegals, and other service providers up to a combined $10,000 per
case. Authority to review, approve, adjust, or deny AUTHs in excess of
$10,000 per case shall be delegated to a district or magistrate judge
selected by the Court for this task;
3. Applications. Requests to authorize funds for investigative, expert, and
other services must be submitted using the Court’s eVoucher system
and must not be disclosed except with the consent of the person
represented or as required by law or CJA Guidelines.
4. Cost Considerations. Appointed counsel is expected to use lower-cost
service providers such as lower-billing associates, contract lawyers, law
clerks, investigators and paralegals to undertake tasks not requiring
appointed counsel’s expertise. Appointed counsel may claim
compensation for services furnished by a partner or associate or, with prior
authorization by the Court, counsel who is not a partner or associate,
within the maximum compensation guidelines set forth in the Ninth Circuit
Policies and Procedures, separately identifying the provider of each service.
In multi-defendant cases with multiple CJA attorneys, counsel must
make all reasonable efforts to coordinate with each other to reduce
costs, including coordinating and sharing discovery and utilizing shared
investigators and other services to the extent possible.
5. Compliance. Counsel must comply with Judicial Conference policies set
forth in CJA Guidelines, Ch. 3.
G. Case Budgeting
Consistent with CJA Guidelines, Ch. 2 §§ 230.26.10–20, CJA counsel are required
to use case-budgeting techniques in non-capital representations where
combined attorney and service provider costs are likely to exceed the equivalent
of 300 times the prevailing CJA panel attorney non-capital hourly rate The Court
or appointed counsel should contact CJA Resource Counsel to discuss whether a
case may be appropriate for budgeting and the procedures for submitting a case
budget. Non-capital representations that may exceed $100,000, must be
budgeted by a Circuit Case Budgeting Attorney pursuant to Ninth Circuit Judicial
Council policy.
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H. No Receipt of Other Payment
Appointed counsel may not require, request, or accept any payment or promise
of payment or any other valuable consideration for representation under the
CJA, unless such payment is approved by order of the Court.
XII. SPECIAL PROVISIONS FOR CAPITAL CASES
A. Capital Cases
For purposes of this plan, “capital cases” are those involving the death penalty
and include: (1) prosecutions under any provision of federal law carrying a
potential penalty of death; (2) direct appeals from cases wherein the death
penalty was imposed by a federal court; (3) post-conviction proceedings in which
an individual sentenced to death by a federal court is seeking to set aside or
vacate the conviction or sentence under 28 U.S.C. § 2255; and (4) habeas corpus
proceedings in which an individual sentenced to death by a state court is seeking
to set aside or vacate the conviction or sentence under 28 U.S.C. § 2254.
B. 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; CJA Guidelines, Ch.
6; and any applicable Local Rule or General Order.
C. Counsel Qualifications
1. In addition to the requirements for Panel membership set out in Section
VIII of this Plan, counsel appointed in capital cases to represent financially
eligible persons will meet the statutory requirements set out in 18 U.S.C.
§§ 3005 and 3599(b)-(d) as expanded upon below, as well as any
applicable circuit rules.
2. All attorneys appointed in capital cases must (1) be well qualified as
demonstrated by their training, commitment to the defense of capital
cases, and distinguished prior criminal defense experience at the relevant
stage of the proceeding; (2) have sufficient time and resources to devote
to the representation, considering their current caseload and the
extraordinary demands of a capital case; (3) meet all applicable
guidelines adopted by the American Bar Association concerning
representation of persons in death penalty cases; and (4) consult
regularly with the appropriate Death Penalty Resource Counsel project
available through the Defender Services division of the Administrative
Office of the United States Courts.
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3. In trial-level capital cases requiring the appointment of “learned
counsel,” such counsel must meet the minimum standards in 18 U.S.C.
§§ 3005 and 3599(b) or (d). Learned counsel should have distinguished
prior experience in the trial, appeal, or post-conviction review of federal
or state death-penalty cases that, in combination with co-counsel, will
assure high-quality representation. “Distinguished prior experience”
contemplates excellence, not simply prior experience.
4. In direct appeals and post-conviction proceedings under 18 U.S.C.
§§ 2254 or 2255, appointed counsel must meet the minimum standards
required by 18 U.S.C. § 3599(c) or (d) and should have distinguished prior
experience in federal criminal appeals, capital appeals, federal post-
conviction proceedings, or capital post-conviction proceedings.
5. Out-of-district counsel, including Federal Public Defender Office staff,
who possess the requisite expertise may be considered for
appointment in capital cases to achieve high-quality representation.
6. 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 capital habeas
corpus relief may be appointed if the attorney is fully qualified. This
appointment 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).)
D. Appointment of Counsel
1. Pre-Trial. No later than when a defendant receives a target letter alleging
the commission of a capital offense or is charged with a federal criminal
offense where the penalty of death is possible, the Court must appoint
two attorneys, at least one of whom meets the qualifications for “learned
counsel.” If necessary for adequate representation, more than two
attorneys may be appointed. Consistent with Section IV.A.1 of this Plan,
the Court may appoint capitally qualified counsel for an individual that,
although uncharged, is the subject of an investigation in a federal death-
eligible case. In appointing counsel, the judge should consider and give
due weight to the recommendations made by the Federal Public
Defender Office and Death Penalty Resource Counsel and articulate
reasons for not doing so.
2. Direct Appeals. Counsel representing a death-sentenced federal
appellant should include at least one attorney who did not represent the
appellant at trial. Each trial counsel who withdraws should be replaced
with similarly qualified counsel to represent the defendant on appeal.
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When appointing counsel, the Court should consider and give due weight
to the recommendations of the Federal Public Defender Office and
Federal Capital Appellate Resource Counsel and articulate reasons for
not doing so.
3. Post-Conviction Proceedings. In any post-conviction proceeding under 18
U.S.C. §§ 2255 or 2254, the Court must appoint at least one qualified
attorney and may consider appointing at least two given the complex,
demanding, and protracted nature of death penalty proceedings. When
appointing counsel, the Court should consider and give due weight to the
recommendations of the Federal Public Defender Office and the
appropriate Resource Counsel project, including out-of-district
appointment of another defender organization’s Capital Habeas Unit, and
articulate reasons for not doing so. For § 2255 proceedings, appointment
should take place, if possible, prior to denial of certiorari on direct appeal
by the United States Supreme Court. For § 2254 proceedings,
appointment should take place at the earliest time permissible by law to
permit federal counsel to avail themselves of the full statute-of-
limitations period to prepare a petition.
E. Case Budgeting and Resources
All capital cases, unless staffed only by the Federal Public Defender Office, must
be budgeted in eVoucher. As early as practicable after appointment, counsel or
the Court should refer the case to CJA Resource Counsel Questions about the
appointment and compensation of counsel and the authorization and payment
of investigative, expert, and other service providers in capital cases also may be
directed to the appropriate Death Penalty Resource Counsel project or the AO
Defender Services Office, Legal and Policy Division Duty Attorney at 202-502-
3030.
XIII. EFFECTIVE DATE
This plan will become effective when approved by the Judicial Council of the Ninth
Circuit.
ENTERED FOR THE COURT ON November 26, 2024.
CHIEF JUDGE, WESTERN DISTRICT OF WASHINGTON
APPROVED BY THE JUDICIAL COUNCIL OF THE NINTH CIRCUIT ON NOVEMBER 21, 2024.
CHIEF JUDGE, NINTH CIRCUIT COURT OF APPEALS
UNITED STATES DISTRICT COURT
Western District of Washington CJA Plan Page 29
FOR THE WESTERN DISTRICT OF WASHINGTON
CRIMINAL JUSTICE ACT PLAN
APPENDIX A
CJA MENTOR PROGRAM SUMMARY
The CJA Mentor Program is designed to familiarize attorneys with federal criminal defense in order
to increase the pool of qualified applicants for the CJA Panel and to promote diversity on the CJA
Panel. The CJA Administration of the Federal Public Defender's Office will administer the Mentor
Program.
The Mentor Program shall include two tiers. Applicants for both tiers must become admitted to the
United States District Court for the Western District of Washington and the United States Court of
Appeals for the Ninth Circuit upon acceptance into the Mentor Program. They must have extensive
experience in criminal law and a demonstrated interest in representing individuals who lack the
means to hire an attorney. Applicants must also maintain a primary, satellite, or shared office in the
Western District of Washington and have sufficient resources and support to manage CJA
assignments. Qualified attorneys of any race, color, religion, sex, gender identity, sexual orientation,
age, national origin, or disability are encouraged to apply.
The intensive tier of the Mentor Program is intended for attorneys with little or no federal criminal
experience. It shall consist of appointment as associate counsel in two cases and mandatory
participation in training programs administered by the Federal Public Defender. Participation in the
intensive tier will be limited to the number of anticipated vacancies on the CJA Panel at the time
mentees are expected to complete the program.
Intensive tier mentees will be assigned to cases as close to the initiation of a case as possible, and
mentees must remain as counsel through the case resolution. Mentees are expected to appear and
argue on the record and participate in every aspect of the cases to which they are assigned. Intensive
tier mentors shall be the lead attorneys for these cases, will have ultimate responsibility for the
cases, and must train and supervise their mentees and appear in court for all court appearances in
cases to which they are assigned pursuant to the Mentor Program.
Intensive tier mentees shall be compensated at a rate of $130 per hour for case-related work, and
their mentors shall be compensated at the prevailing CJA hourly rate.
The advanced tier of the Mentor Program is intended for attorneys who have some federal criminal
experience but who could still benefit from additional guidance. It shall consist of regular case
appointments on cases that appear at the time of appointment to be less complex.
Advanced tier mentees shall be assigned an experienced CJA panel attorney to serve as a mentor to
provide up to ten hours of guidance on case-related work. Advanced tier mentees must regularly
attend the FPO training programs for CJA panel mentees.
Advanced tier mentees and their mentors shall be compensated at the prevailing CJA rate.
Western District of Washington CJA Plan Page 30
Applicants to the CJA Panel may be approved for membership to the CJA Panel without participation
in either tier of the Mentor Program if they already possess sufficient federal criminal experience.
Participants in the Mentor Program shall be selected and designated to a tier by the CJA Standing
Committee.
Participation in the Mentor Program does not guarantee future approval to be placed on the CJA
Panel, nor does the program have a guaranteed or set length of time to complete. Participants in the
intensive tier of the Mentor Program will be eligible to apply to the advanced tier of the Mentor
Program after completing two second chair appointments and the required training programs.
Mentees and mentors may be removed if they are unable to meet the expectations of the Mentor
Program as described above or if found to engage in unethical or illegal conduct during participation
in the Mentor Program.
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