Page 177 - Ad Hoc Report June 2018
P. 177

 have CBAs.600 It should be noted that the success of the program results in large part from the universal practice of hiring experienced and respected former criminal defense attorneys as CBAs. Judge Gleeson, former DSC chair, told this Committee, “Who occupies the position strikes me as really critical. We chose
a respected panel attorney.”601 Another judge testified that he “was so compli- mentary of the case budgeting attorney . . . because she was able to look at those budgets across the board with her experience as defense counsel, not looking at it through the eyes necessarily of a judge, but looking at it [as] what does an experi- enced defense counsel need.”602 Reviewing vouchers, a judge told the Committee, is “a challenge for judges . . . because we do feel conflicted at times.” 603 Having a CBA who help shape the case budget helped alleviate these concerns. The Ninth Circuit Appellate Commissioner stated, “Once we have a budget, I feel very com- fortable in approving interim payments as we go along.”604 One of the CBAs explained, “[judges] relied on me because I came to the job with 28 years’ experi- ence as a CJA attorney. I had done the practice and I was familiar with it.”605 Case budgeting is an effective means to manage costs and improve quality of represen- tation. Because judges and attorneys require help to efficiently implement budget- ing coordinate resources and assist with case planning, CBAs have proven to be an important asset to the CJA program. •
 600 ThetwocircuitswithoutaCBAarethe11thandD.C.TheNinthCircuitnowhasthreeCBAs.One is paid from Circuit funds because the Circuit determined that its case load justifies the additional position and experience has shown that the program assists both judges and panel members.
601 JudgeJohnGleeson(ret.),E.D.N.Y.,PublicHearing—Miami,Fla.,Panel3,Tr.at26.
602 Mag.JudgePaulWarner,D.Utah,PublicHearing—SanFrancisco,Cal.,Panel7,Tr.at15.
603 Mag.JudgeCarolynDelaney,E.D.Cal.,PublicHearing—SanFrancisco,Cal.,Panel7,Tr.at11.
604 PeterShaw,AppellateCommissioner,9thCir.,PublicHearing—SanFrancisco,Cal.,Panel1,Tr.at7. 605 JerryTritz,CaseBudgetingAttorney,2ndCir.,PublicHearing—SanFrancisco,Cal.,Panel1,Tr.at13.
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 133
States unless approved by the Conference itself.
 
























































































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