CR-CJAREV-MAR 93 Page 1 DT: Committee Report CN: Review the Criminal Justice Acts (CJAREV) DA: March 1993 Agenda F-21 (Summary) CJA Review Committee March 1993 SUMMARY OF THE REPORT OF THE JUDICIAL CONFERENCE COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT The Committee to Review the Criminal Justice Act recommends that the Conference: 1. Approve the Report and recommendations of the Committee to Review the Criminal Justice Act dated January 29, 1993, attached to this report ................................................... Appendix A 2. Endorse the legislation amending the Criminal Justice Act contained in the Committee's Report and advocate that Congress enact this legislation ........................................... Appendix A, pp. 101-119 The remainder of this report is for information and the record. Agenda F-21 CJA Review Committee March 1993 REPORT OF THE JUDICIAL CONFERENCE COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT TO THE CHIEF JUSTICE OF THE UNITED STATES AND MEMBERS OF THE JUDICIAL CONFERENCE OF THE UNITED STATES: © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. CR-CJAREV-MAR 93 Page 2 The Committee to Review the Criminal Justice Act met three times since the September 1992 proceedings of the Judicial Conference. The public release of the Committee's Interim Report, which was authorized by the Executive Committee in August 1992, generated additional observations and suggestions for the CJA Review Committee's consideration as it worked toward the completion of its final Report, attached hereto as Appendix A. Meetings were held in the Federal Judiciary Building in Washington, D.C. on October 9 & 10 and on December 12 & 13, 1992. Present for all or portions of these meetings were Committee Chair, Judge Edward C. Prado, and members Judge George H. Revercomb, Robert Altman, J. Vincent Aprile, Judy Clarke, Michael J. Davis, Robinson O. Everett, and Thomas W. Hillier; Edward S. G. Dennis was absent, as was the Reporter to the Committee, Charles J. Ogletree. Theodore J. Lidz, Staff Director and Counsel, and the Committee's staff (Richard A. Wolff, Attorney Advisor; Susanne C. Blume, Attorney Advisor; and Merle C. Neild, Program Assistant) were also present for all or portions of the meetings, as was Henry A. Martin, Chair of the Federal Defender Advisory Committee Ad Hoc Subcommittee on the Criminal Justice Act. Page 2 A third meeting, during which the Committee finalized its Report and the proposed legislation, was held in New Orleans, Louisiana, on January 16 and 17, 1993. All Committee members except Judge George H. Revercomb, Edward S. G. Dennis and Robinson O. Everett were present. The Reporter, the Staff Director and Counsel, and the Committee's staff were also present. Henry A. Martin attended portions of the meeting. Over the past five months, the Committee reviewed additional comments submitted and gathered supplementary information, and modified some of the recommendations from its Interim Report accordingly. The March 27, 1992 public hearing in Boston, which had been videotaped by C-Span, was broadcast in four segments between August and December, and this generated further comment. The Committee maintained its frequent contacts with the Federal Public and Community Defenders, and two members of the Committee, Judy Clarke and Thomas W. Hillier, participated in an August 29 meeting of the federal defenders, at which the defenders' response to the Committee's Interim Report was formulated. Additionally, members of the Committee received invitations from national organizations with criminal justice expertise to take part in various conferences and accepted the following invitations: Page 3 - Members J. Vincent Aprile, Edward S. G. Dennis, and Robinson O. Everett participated in a panel discussion regarding the work and recommendations of the Committee at the American Bar Association (ABA) Criminal Justice Section Annual Meeting in San Francisco on August 10, 1992. - J. Vincent Aprile represented the Committee at the Fall Council Meeting of the ABA Criminal Justice Section in Washington, D.C., on November 1, and at the Annual Meeting © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. CR-CJAREV-MAR 93 Page 3 of the National Legal Aid and Defender Association (NLADA) in Toronto, Canada, during the week of November 9 - 14, 1992. - Members Robert Altman and Judy Clarke, and Reporter Charles J. Ogletree, attended the Board Meeting of the National Association of Criminal Defense Lawyers (NACDL) in Newport, Rhode Island, on November 7, 1992. The Committee focused its efforts on refining its recommendations, determining costs of the existing and proposed programs, drafting legislation, and gathering additional information related to various aspects of its study. Copies of documents cited in the Report of the Committee to Review the Criminal Justice Act, along with transcripts of the five public hearings and the videotape of the Boston hearing, have been lodged with the Judicial Conference Secretariat. The entire record of the Committee's work, including all files, is available for reference and will be maintained by the Defender Services Division in the Federal Judiciary Building. Page 4 The Committee to Review the Criminal Justice Act submits the following: RECOMMENDATION: That the Judicial Conference approve the Report and recommendations of the Committee to Review the Criminal Justice Act dated January 29, 1993, attached hereto as Appendix A. RECOMMENDATION: That the Judicial Conference endorse the legislation amending the Criminal Justice Act contained in the Committee's Report and advocate that Congress enact this legislation. Respectfully submitted, Edward C. Prado, Chair Robert Altman J. Vincent Aprile, II Judy C. Clarke Michael J. Davis Edward S. G. Dennis, Jr. Robinson O. Everett Thomas W. Hillier, II George H. Revercomb Attachment: © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. CR-CJAREV-MAR 93 Page 4 Appendix A - Report of the Committee to Review the Criminal Justice Act Agenda F-21 (Appendix A) CJA Review Committee March 1993 REPORT OF THE COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT January 29, 1993 (Under separate cover) Agenda F-21 (Appendix A) CJA Review Committee March 1993 REPORT OF THE COMMITTEE TO REVIEW THE CRIMINAL JUSTICE ACT January 29, 1993 Pages i-vi TABLE OF CONTENTS MEMBERS OF THE COMMITTEE .................................................. vii INTRODUCTION ................................................................ 1 THE HISTORY AND DEVELOPMENT OF THE PROVISION OF DEFENSE SERVICES IN THE FEDERAL COURTS ............................................................ 4 THE CJA PROGRAM TODAY ...................................................... 12 Federal Defender Organizations ........................................ 13 Federal Public Defenders ........................................ 14 Community Defender Organizations ................................ 14 Panel Attorneys ....................................................... 15 Appellate Representation .............................................. 16 Death Penalty Resource Centers ........................................ 17 © 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. CR-CJAREV-MAR 93 Page 5 Investigative, Expert and Other Services .............................. 18 Transcripts ........................................................... 18 The Voucher Process ................................................... 18 Oversight of the CJA Program .......................................... 19 Judicial Conference ............................................. 20 Committee on Defender Services .................................. 21 Administrative Office of the United States Courts ............... 21 Defender Services Division ...................................... 21 Courts of Appeals ............................................... 21 Judicial Councils ............................................... 22 District Courts ................................................. 22 Funding for the CJA Program ........................................... 22 Representation in Federal Courts ...................................... 24 THE CREATION AND ACTIVITIES OF THE CJA REVIEW COMMITTEE .................... 29 COMMITTEE FINDINGS ......................................................... 32 Program Concerns ...................................................... 33 1. Panel Attorneys .............................................. 34 Panel Attorney Administration .............................. 34 Panel Attorney Compensation ................................ 37 2. Federal Defender Organizations ............................... 39 3. Effective Program Evaluation and Review ...................... 41 Structural Concerns ................................................... 43 RECOMMENDATIONS ............................................................ 49 A. Selection, Training and Evaluation of Panel Attorneys .............. 53 ------------------------------------------------------------------------ Recommendation A-1. Qualification standards should be developed for appointment to the CJA panel................................ 53 Recommendation A-2. Training in federal criminal law and practice with regard to court and Criminal Justice Act procedures should be provided........................................................ 56 Recommendation A-3. Performance standards and reviews should be established for all representation by appointed counsel................ 57 B. Compensation of Panel Attorneys ...................................