Page 193 - Ad Hoc Report June 2018
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 Another panel attorney testified that when the public defenders try a case, “there’s always two lawyers, there’s almost always a paralegal in the courtroom, as well as an investigator, and if they need other staff they’re there as well. It’s unfortu- nate, I do everything I can on my appointed cases...but it’s almost inevitable that there’s a disparity” when a defendant does not have the benefit of being represented by a public defender.686
Finally, one panel attorney explained that panel attorneys simply want parity with federal defenders in their ability to access resources to close the quality gap. She told the Committee that she hoped what would come from this CJA review are solutions “that free up CJA counsel, give us the resources that we want, give us the ability to access them quickly like the federal defender has. Literally, I want what they want, they have. I want the resources that the federal defender has.”687
7.1.2 Expert Service Providers
Disparity in resources, between the panel and government attorneys or between
the panel and federal defenders is most obvious when reviewing the use of experts
or other service providers. Testimony showed the extensive use of experts by the government in the preparation and presentation of cases, from forensic experts employed by federal law enforcement agencies688 to private psychiatrists and neu- ropsychologists, whose rates for their services are “substantially greater than what would be approved under the CJA.”689 As a magistrate judge described his experience as a former assistant U.S. attorney, “in my prosecutions, I always had a primary case agent, and routinely supplemented his/her expertise with a financial analyst/accoun- tant and other experts like medical doctors, chemists, finger print analysts, etc.”690
Service providers—whether investigators, paralegals, or discovery coordi- nators—are critical to effective representation. Investigators, for example, are
used by the government in every case and federal defenders in nearly every case. Investigators “locate and interview potential witnesses, obtain copies of police reports and criminal records of convictions, engage in background investigations of potential witnesses, photograph crime scenes or areas relevant to criminal allega- tions, meet with the client and his family on certain issues,” among other valuable services.691 These are tasks required by every case that does not settle quickly. This is true even when the government provides full discovery and even when that
686 DanielAlbregts,CJADist.Rep.,D.Nev.,PublicHearing—SanFrancisco,Cal.,Panel4,Tr.,at41. 687 LoriNakaoka,CJAPanelAtty.,D.Idaho,PublicHearing—Portland,Or.,Panel5,Tr.,at8.
688 LynnPanagakos,CJADist.Rep.,D.Haw.,PublicHearing—SanFrancisco,Cal.,Panel4,Writ. Test., at 3.
689 JosephSt.Amant(submittedviaJudgeMarciaCrone),SeniorAppellateConferenceAtty.,5thCir., Public Hearing—Birmingham, Ala., Panel 1, Writ. Test., at 6.
690 Mag.JudgeCharlesCoody,M.D.Ala.,PublicHearing—Brimingham,Ala.,Writ.Test.,at2.
691 Mag.JudgeWilliamMatthewman,S.D.Fla.,PublicHearing—Miami,Fla.,Panel3,Writ.Test.,at3.
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 149
 States unless approved by the Conference itself.
 


















































































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