Page 219 - Ad Hoc Report June 2018
P. 219

 Many of its recommendations address the problems the defenders and CJA attor- neys continue to face because their clients are being held in detention facilities far away from their attorneys. If implemented, the Remote Detention Ad Hoc Group’s recommendations would help to improve the ability of CJA attorneys and defend- ers to meet with their clients.820
7.3.3 Representation of Native Americans
Appointed counsel face significant challenges in delivering quality representation to Native Americans charged with federal crimes. Most federal criminal cases involving Native Americans arise on reservations. Because many reservations are located long distances from major cities and the attorneys and investigators who work on these cases, significant travel is required. Counsel and investigators must sometimes “travel to remote locations to view the scene and interview eyewitnesses. Because some communities are spread out over large areas...CJA practitioners and investigators frequently make multiple trips to complete their investigations.”821 This additional required travel time increases the cost of the case. Just one trip to a reservation five hours away from an attorney’s home base to interview witnesses adds a minimum
of $1500 to the cost of the case (10 hours x $132 per hour plus mileage). In districts where the court is reluctant to pay for “windshield time,” the possibility of not being compensated for these travel hours can be a deterrent to accepting these cases.822
Another challenge that these cases present is that “...reservations are small closed societies, everyone knows both the victim and the defendant, but the attor- neys are outsiders—not to be trusted.”823 While these are generalizations, surveys of both federal defender offices and CJA panels establish that very few attorneys pro- viding representation in these cases are Native.824
While it is important for defense attorneys to establish a trusting relationship with all clients, perhaps it is even more necessary with Native clients. As one federal defender explained, “[b]uilding a relationship with Native clients is essential, as they must make life-changing and life-affecting decisions while learning to understand what is in essence a foreign system.”825 Recognizing the importance of understand- ing the differences between their clients and themselves in this context, panel attor- neys “identified the need for additional training for attorneys and investigators in Native American culture and cultural differences.”826
820 Theserecommendationsareavailableathttps://ows.usdoj.gov/DDCWS.
821 TheresaDuncan,CJAPanelAtty.,D.N.M.,PublicHearing—SantaFe,N.M.,Panel4,Writ.Test.,at2.
822 Seesection5.2;seealsoNeilFulton,FPD,D.S.D.&D.N.D.,PublicHearing—Minneapolis,Minn., Panel 2, Tr., at 21.
823 DanielScott,CJADist.Rep.,D.Minn.,PublicHearing—Minneapolis,Minn.,Panel5,Writ.Test.,at3. 824 SeeDiversitySection8.
825 StephenMcCue,FPD,D.N.M.,PublicHearing—SantaFe,N.M.,Panel2,Writ.Test.,at2.
826 TheresaDuncan,CJAPanelAtty.,D.N.M.,PublicHearing—SantaFe,N.M.,Panel4,Writ.Test.,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 175
 States unless approved by the Conference itself.
 



















































































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