Page 111 - Ad Hoc Report June 2018
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 doing this. Every other agency in the federal family has acknowledged this is important and is investing resources in it. I think the defender services need the flexibility, and frankly, to bring in the CJA panel.252
Federal defender offices do not get credit under staffing formulas for help- ing to manage the CJA panel.253 While some FPDOs manage to do so, others would like to but simply can’t. A defender told the Committee, “I would take that on . . . [but] I’m fully staffed, and we don’t have any room for panel man- agement. So we would have to figure out a way where the work measurement studies . . . take into account that non-case related work we would do managing a panel, but I would be happy to help.254
Returning Jurisdiction to the Defender Services Committee
Finally, one defender pointed out to the Committee that because the study and its resulting formulas provide an empirical basis for CJA budgeting, concerns about overspending should be assuaged. That being so, justification for depriving the DSC of authority over defender staffing and budgets is, if it ever existed, now lacking.
Because of work measurement, the program now has an empirical and analytical tool to address its staffing, resources and require- ment, and the need for judicial oversight over the defender program is substantially reduced. As a consequence, at a minimum, DSO should be re-elevated to the directorate within the AO and judicial oversight of our staffing and budget limited. This will allow DSO the ability to more effectively advocate not just for necessary resources but also advocate for policy and programs initiatives that will be beneficial to the accused.255
The Committee recognizes the need for metrics to appropriately staff offices and promote accountability. But those metrics must take into account the need for flexibility in a fundamentally reactive program.
3.6.3 Clemency
On April 23, 2014, the then-acting Deputy Attorney General announced a Department of Justice initiative “to encourage qualified federal inmates to peti- tion to have their sentences commuted, or reduced, by the President of the United
252 Id.at34–35.
253 Arecentadjustmenttotheformulasprovidesminimalcredittothoseofficesthat,becausetheyare
losing staff, would otherwise abandon this work.
254 LaineCardarella,FPD,W.D.Mo.,PublicHearing—Birmingham,Ala.,Panel2,Tr.,at25. 255 KevinButler,FPD,N.D.Ala.,PublicHearing—Birmingham,Ala.,Panel2,Tr.,at2.
No recommendation presented herein represents
the policy of the Judicial Conference of the United 2 0 1 7 R E P O R T O F T H E A D H O C C O M M I T T E E T O R E V I E W T H E C R I M I N A L J U S T I C E A C T 67
 States unless approved by the Conference itself.
 



















































































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