Plan For Implementation And Administration Of The Criminal .
Plan for Implementation and Administration of the Criminal Justice ActI.Authority. 4II.Statement of Policy . 4III.IV.A.Objectives . 4B.Compliance . 4Definitions . 4A.Representation . 4B.Appointed Attorney . 5C.CJA Coordinating Attorney . 5Determination of Eligibility for CJA Representation . 5A.B.V.VI.VII.Subject Matter Eligibility . 51.Mandatory . 52.Discretionary. 63.Ancillary Matters . 6Financial Eligibility . 71.Presentation of Accused for Financial Eligibility Determination . 72.Factual Determination of Financial Eligibility . 8Timely Appointment of Counsel . 9A.Timing of Appointment . 9B.Court’s Responsibility . 9C.Pretrial Service Interview.10D.Retroactive Appointment of Counsel.10Provision of Representational Services .10A.Federal Public Defender and Private Counsel .10B.Administration .10C.Apportionment of Cases .10D.Number of Counsel.10E.Capital Cases.10Federal Public Defender Organization .11A.Establishment .11B.Standards .11C.Workload.11D.Professional Conduct .11E.Private Practice of Law .11F.Supervision of Defender Organization .111
G.VIII.IX.X.XI.XII.Training .12CJA Panel of Private Attorneys.12A.Establishment of the CJA Panel Committee .12B.Duties of the CJA Committee .121.Membership .122.Recruitment.123.Annual Report .134.Removal .135.Training .136.Voucher Review .137.Mentoring .14Establishment of a CJA Panel .14A.Approval of CJA Panel .14B.Size of CJA Panel.14C.Qualifications and Membership on the CJA Panel.151.Application .152.Equal Opportunity .153.Eligibility.154.Appointment to CJA Panel .165.Terms of CJA Panel Members .166.Reappointment of CJA Panel Members .167.Removal from the CJA Panel .16CJA Panel Attorney Appointment in Non-Capital Cases .18A.Appointment List .18B.Appointment Procedures .18Duties of CJA Panel Members .19A.Standards and Professional Conduct .19B.Training and Continuing Legal Education.20C.Facilities and Technology Requirements.20D.Continuing Representation .20E.Miscellaneous .20Compensation of CJA Panel Attorneys .21A.Policy of the Court Regarding Compensation .21B.Payment Procedures .21C.Independent Review Process .222
XIII.XIV.XV.Investigative, Expert, and Other Services .22A.Financial Eligibility .22B.Applications .22C.Compliance .23Appointment of Counsel and Case Management in CJA Capital Cases .23A.Applicable Legal Authority .23B.General Applicability and Appointment of Counsel Requirements .23C.Appointment of Trial Counsel in Federal Death-Eligible Cases .251.General Requirements .252.Qualifications of Learned Counsel .263.Qualifications of Second and Additional Counsel .26D.Appointment and Qualifications of Direct Appeal Counsel in Federal Death PenaltyCases .27E.Appointment and Qualifications of Post-Conviction Counsel in Federal DeathPenalty Cases (28 U.S.C. § 2255) .28F.Appointment and Qualifications of Counsel in Federal Capital Habeas CorpusProceedings (28 U.S.C. § 2254) .29Effective Date .303
United States District CourtFor the District of MarylandCriminal Justice Act PlanI.AuthorityUnder the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. § 3006A, and Guide toJudiciary Policy (Guide), Volume 7A, the judges of the United States District Court for the District ofMaryland adopt this Plan, as approved by the Fourth Circuit, for furnishing representation in federalcourt for any person financially unable to obtain adequate representation in accordance with the CJA.II.Statement of PolicyA.ObjectivesThe 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 and services thatare consistent with the best practices of the legal profession, are cost-effective,and protect the independence of the defense function so that the rights ofindividual defendants are safeguarded and enforced; and3.to particularize the requirements of the CJA, the USA Patriot Improvementand 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, orotherwise eligible for services under the CJA, will not be deprived of the right tocounsel, or any element of representation necessary to an effective defense, due to lackof financial resources.B.III.Compliance1.The court, its clerk, the Federal Public Defender Office, and private attorneysappointed under the CJA must comply with Guide, Vol. 7A, approved by theJudicial Conference, and with this Plan.2.The court will ensure that a current copy of the CJA Plan is made available onthe court’s website and provided to CJA counsel upon the attorney’sdesignation as a member of the CJA ” includes counsel and investigative, expert, and other services.4
B.Appointed Attorney“Appointed attorney” is an attorney designated to represent a financially eligibleperson under the CJA and this Plan. Such attorneys include private attorneys, theFederal Public Defender, and staff attorneys of the Federal Public Defender.C.CJA Coordinating AttorneyThe CJA Coordinating Attorney is a person designated by the court to administer theCJA Panel.IV.Determination of Eligibility for CJA RepresentationA.Subject Matter Eligibility1.MandatoryRepresentation 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 delinquencyas defined in 18 U.S.C. § 5031;c.is charged with a violation of probation, or faces a change of a term orcondition of probation (unless the modification sought is favorable tothe probationer and the government has not objected to the proposedchange);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 revocationof 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;j.is entitled to appointment of counsel in verification of consentproceedings in connection with a transfer of an offender to or fromthe United States for the execution of a penal sentence under 18 U.S.C.§ 4109;5
2.k.is entitled to appointment of counsel under the Sixth Amendment tothe Constitution; orl.faces loss of liberty in a case and federal law requires the appointmentof counsel.DiscretionaryWhenever a district judge or magistrate judge determines that the interests ofjustice so require, representation may be provided for any financially eligibleperson who:3.a.is charged with a petty offense (Class B or C misdemeanor, or aninfraction) for which a sentence to confinement is authorized;b.is seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 other than toset 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 compeltestimony, and there is reason to believe, either prior to or duringtestimony, 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 enforcementofficer that he or she is the target of a grand jury investigation;f.is proposed by the United States attorney for processing under apretrial diversion program; org.is held for international extradition under 18 U.S.C. chapter 209.Ancillary MattersRepresentation may also be provided for financially eligible persons in ancillarymatters appropriate to the criminal proceedings under 18 U.S.C. § 3006A(c).In determining whether representation in an ancillary matter is appropriate tothe criminal proceedings, the court should consider whether suchrepresentation is reasonably necessary:a.to protect a constitutional or statutory right;b.to contribute in some significant way to the defense of the principalcriminal charge;c.to aid in preparation for the trial or disposition of the principal criminalcharge;6
B.d.to enforce the terms of a plea agreement in the principal criminalcharge;e.to preserve the claim of the CJA client to an interest in real or personalproperty subject to civil forfeiture proceeding under 18 U.S.C.§ 983,19 U.S.C. § 1602, 21 U.S.C. § 881, or similar statutes, whichproperty, if recovered by the client, may be considered forreimbursement under 18. U.S.C. § 3006A(f); orf.to effectuate the return of real or personal property belonging to theCJA client, which may be subject to a motion for return of propertyunder 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).Financial Eligibility1.Presentation of Accused for Financial Eligibility Determinationa.b.Duties of Law Enforcement(i)Upon arrest, and where the defendant has not retained orwaived counsel, federal law enforcement officials mustpromptly notify, telephonically or electronically, theappropriate court personnel, who in turn will notify the CJACoordinating Attorney, of the arrest of an individual inconnection with a federal criminal charge.(ii)Employees of law enforcement agencies should not participatein the completion of the financial affidavit or seek to obtaininformation concerning financial eligibility from a personrequesting the appointment of counsel.Duties of United States Attorney’s Office(i)Upon the return or unsealing of an indictment or the filing ofa criminal information, and where the defendant has notretained or waived counsel, the United States Attorney, or hisor her delegate, will promptly notify, telephonically orelectronically, the CJA Coordinating Attorney.(ii)Upon issuance of a target letter, and where the individual hasnot retained or waived counsel, the United States Attorney, orhis or her delegate, must promptly notify, telephonically orelectronically, the CJA Coordinating Attorney.(iii)Employees of the United States Attorney’s Office should notparticipate in the completion of the financial affidavit or seekto obtain information concerning financial eligibility from aperson requesting the appointment of counsel.7
c.Duties of Federal Public Defender Office(i)(ii)d.2.In cases in which the Federal Public Defender may beappointed, the office will: immediately investigate and determine whether an actualor potential conflict exists; and in the event of an actual or potential conflict, promptlynotify the CJA Coordinating Attorney to facilitate thetimely appointment of other counsel.When practicable, the Federal Public Defender will discusswith the person who indicates that he or she is not financiallyable to secure representation the right to appointed counseland, if appointment of counsel seems likely, assist in thecompletion of a financial affidavit (Form CJA 23) and arrangeto have the person promptly presented before a magistratejudge or district judge for determination of financial eligibilityand appointment of counsel.Duties of Pretrial Services Office(i)When practicable, the pretrial services officer will not conductthe pretrial service interview of a financially eligible defendantuntil counsel has been appointed, unless the right to counsel iswaived or the defendant otherwise consents to a pretrialservice interview without counsel.(ii)When counsel has been appointed, the pretrial services officerwill provide counsel notice and a reasonable opportunity toattend any interview of the defendant by the pretrial servicesofficer prior to the initial pretrial release or detention hearing.Factual Determination of Financial Eligibilitya.In every case in which appointment of counsel is authorized under18 U.S.C. § 3006A(a) and related statutes, the court must advise theperson that he or she has a right to be represented by counselthroughout the case and that, if so desired, counsel will be appointedto represent the person if he or she is financially unable to obtaincounsel.b.The determination of eligibility for representation under the CJA is ajudicial function to be performed by the court after making appropriateinquiries concerning the person’s financial eligibility. The CJACoordinating Attorney may be designated to obtain or verify the factsrelevant to the financial eligibility determination.8
V.c.In determining whether a person is “financially unable to obtaincounsel,” consideration should be given to the cost of providing theperson and his or her dependents with the necessities of life, the costof securing pretrial release, asset encumbrance, and the likely cost ofretained counsel.d.The initial determination of eligibility must be made without regard tothe financial ability of the person’s family to retain counsel unless hisor her family indicates willingness and ability to do so promptly.e.Any doubts about a person’s eligibility should be resolved in theperson’s favor; erroneous determinations of eligibility may becorrected at a later time.f.Relevant information bearing on the person’s financial eligibilityshould be reflected on a financial eligibility affidavit (Form CJA 23).g.If at any time after the appointment of counsel a judge finds that aperson provided representation is financially able to obtain counsel ormake partial payment for the representation, the judge may terminatethe appointment of counsel or direct that any funds available to thedefendant 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 nolonger financially able to pay retained counsel, counsel may beappointed in accordance with the general provisions set forth in thisplan.Timely Appointment of CounselA.Timing of AppointmentCounsel must be provided to eligible persons as soon as feasible in the followingcircumstances, whichever occurs earliest:B.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 aresealed; or4.when a magistrate or district court judge otherwise considers appointment ofcounsel appropriate under the CJA and related statutes.Court’s Responsibility9
The CJA Coordinating Attorney, in cooperation with the Federal Public Defender andthe United States Attorney, will make such arrangements with federal, state, and localinvestigative and police agencies as will ensure timely appointment of counsel.C.Pretrial Service InterviewWhen practicable, unless the right to counsel is waived or the defendant otherwiseconsents to a pretrial service interview without counsel, financially eligible defendantswill be provided appointed counsel prior to being interviewed by a pretrial servicesofficer.D.Retroactive Appointment of CounselAppointment of counsel may be made retroactive to include representation providedprior to appointment.VI.Provision of Representational ServicesA.Federal Public Defender and Private CounselThis Plan provides for representational services by the Federal Public Defender andfor the appointment and compensation of private counsel from a CJA Panel listmaintained by the CJA Coordinating Attorney in cases authorized under the CJA andrelated statutes.B.AdministrationAdministration of the CJA Panel, as set forth in this Plan, is hereby delegated andassigned to the CJA Coordinating Attorney.C.Apportionment of CasesWhere practical and cost effective, private attorneys from the CJA Panel will beappointed in a substantial proportion of the cases in which the accused is determinedto be financially eligible for representation under the CJA. “Substantial” will usuallybe defined as a minimum of twenty-five percent (25%) of the annual CJAappointments.D.Number of CounselMore than one attorney may be appointed in any case determined by the court to beextremely difficult.E.Capital CasesProcedures for appointment of counsel in cases where the defendant is charged witha crime that may be punishable by death, or is seeking to vacate or set aside a deathsentence in proceedings under 28 U.S.C. §§ 2254 or 2255, are set forth in section XIVof this Plan.10
VII.Federal Public Defender OrganizationA.EstablishmentThe Federal Public Defender is established in this District under the CJA and isresponsible for rendering defense services on appointment throughout this district.B.StandardsThe Federal Public Defender must provide high quality representation consistent withthe best practices of the legal profession and commensurate with those servicesrendered 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, theduties 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 CriminalJustice section 4-3.9 (2d ed. 1980))).C.WorkloadThe Federal Public Defender will continually monitor staff workloads to ensure highquality representation for all clients.D.Professional ConductThe Federal Public Defender must conform to the highest standards of professionalconduct, including but not limited to the Maryland Rules of Professional Conduct,Code of Conduct for Federal Public Defender Employees, and the Local Rules of theUnited States District Court for the District of Maryland.E.Private Practice of LawNeither the Federal Public Defender nor any defender employee may engage in theprivate practice of law except as authorized by the Federal Public Defender Code ofConduct.F.Supervision of Defender OrganizationThe Federal Public Defender will be responsible for the supervision and managementof the Federal Public Defender organization. Accordingly, the Federal PublicDefender will be appointed in all cases assigned to that organization for subsequentassignment to staff attorneys at the discretion of the Federal Public Defender.11
G.TrainingThe Federal Public Defender will assess the training needs of Federal Public Defenderstaff and, in coordination with the CJA Panel Attorney District Representatives, 1 thetraining needs of the local panel attorneys, and provide training opportunities andother educational resources.VIII.CJA Panel of Private AttorneysA.B.Establishment of the CJA Panel Committee1.A CJA Panel Committee (“CJA Committee”) will be established by the Courtin consultation with the Federal Public Defender. The CJA Committee willconsist of at least three district court judges, at least two magistrate judges, theFederal Public Defender, the CJA Panel Attorney District Representatives(PADRs), at least one of whom has a principal office located in the NorthernDivision and at least one of whom has a principal office located in theSouthern Division, and the CJA Coordinating Attorney, who will act asadministrative coordinator.2.The Federal Public Defender, or his or her representative, and the district’sPADRs are permanent members of the CJA Committee.3.The CJA Committee will meet regularly and at any time the court asks theCommittee to consider an issue.4.The CJA Coordinating Attorney shall prepare, distribute, maintain, and archivethe agenda and minutes of each meeting of the CJA Committee and itsconstituent subcommittees. The Committee’s deliberations and minutes shallbe confidential.Duties of the CJA Committee1.MembershipExamine the qualifications of applicants for membership on the CJA Paneland recommend to the chief judge, or his or her designee, the approval ofthose attorneys who are deemed qualified and the rejection of the applicationsof those attorneys deemed unqualified.2.Recruitment1The CJA Panel Attorney District Representative (PADR) is a member of the district’s CJA Panel who is selectedby the Federal Public Defender, with acquiescence from the chief judge, to serve as the representative of thedistrict’s CJA Panel for the national Defender Services CJA PADR program and local CJA committee.12
Engage in recruitment efforts to establish a diverse panel and ensure that allqualified attorneys are encouraged to participate in the furnishing ofrepresentation in CJA cases.3.Annual ReportReview the operation and administration of the CJA Panel over the precedingyear, and recommend any necessary or appropriate changes to the chief judgeconcerning:4.a.the size of the CJA Panel;b.the recruitment of qualified and diverse attorneys as required in thisplan; andc.recurring issues or difficulties encountered by panel members or theirCJA clients.RemovalRecommend to the chief judge, or his or her designee, the removal of any CJApanel member who:a.fails to satisfactorily fulfill the requirements of CJA panel membershipduring his or her term of service, including the failure to provide highquality representation to CJA clients, orb.has engaged in other conduct such that his or her continued service onthe CJA Panel is inappropriate.See also: Section IX.C.7.5.TrainingAssist the Federal Public Defender Office in providing training for the CJAPanel on substantive and procedural legal matters affecting representation ofCJA clients.6.Voucher ReviewReview and make a determination on the processing and payment of CJAvouchers in those cases in which the court, for reasons other thanmathematical errors, is considering authorizing payment for less than theamount of compensation claimed by CJA counsel and the matter has not beenresolved to the satisfaction of the court and CJA panel member pursuant tothe process outlined in Section XII B 6. The judge will, at the time the voucheris submitted to the CJA Committee, provide a statement describing questionsor concerns he or she has with the voucher. Counsel wi
Plan for Implementation and Administration of the Criminal Justice Act. . Criminal Justice Act Plan . I. Authority Under the Criminal Justice Act (CJA) of 1964, as amended, 18 3006A, U.S.C. § and . Guide to Judiciary Policy (Guide), Volume 7A, the judge
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