Page 262 - Ad Hoc Report June 2018
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 FINDINGS
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R E P O R T
O F
confidentiality and privilege because disclosure of that data is “impliedly autho- rized in order to carry out the representation.”1012 Maintaining privilege and confi- dentiality is the underlying principle governing all of NITOAD’s decisions regarding defender data. NITOAD’s unique placement is a,
guarantee that [defender] work product is protected by staff that are
part of the Defender Services community. This concept is...continually addressed and considered by the Defenders as systems, infrastructure, and software are implemented and deployed. The ethical obligation of the attorney-client privilege is the cornerstone for the design, security and maintenance of their electronically stored information.1013
10.2 Reorganization and the Compromise Reached
In 2013, the AO reorganized offices, divisions, and supervisory authority in an effort “to reduce operating costs and duplication of effort, simplify the agency’s admin- istrative structure, and provide enhanced service to the courts and the Judicial Conference.”1014 Stated principles guiding reorganization included: “Simplify organi- zational structures;” “Empower managers and streamline governance;” and “Create flexibility to respond to changing circumstances.”1015
The reorganization created a new office, the Case Management Systems Office (CMSO), “designed to combine the case management functions from the Defenders Services Office, Probation and Pretrial Services Office, and the Court Administration Offices.”1016 The reorganization plan called for the defender data programs “to be merged with and controlled by the AO.”1017 The merger would have given AO staff- ers “both access to and control of the confidential information contained in the defender computer programs.” 1018
Defenders objected to the plan, as it would have “stripped control and super- vision of extraordinarily sensitive client information (and related funding data) from these established groups and put it under the control of what was, effectively, a
1012 ModelRulesofProf’lConductr.1.6(a).
1013 InternalDraftMemorandum,NITOADBranch—WhyitMustRemaininODSat1.
1014 MemorandumofAssociationDirectorMinortoFederalPublic/CommunityDefendersand Memorandum of Understand. at Exh. B (April 24, 2014). This is discussed in greater detail in Section 3.
1015 SeegenerallyAdministrativeOfficeofU.S.Courts,AODocument:Restructuringthe Administrative Office: Maintaining Excellence in an Era of Fiscal Austerity.
1016 AndrewZaso,Chief,CaseManagementSystemsOffice,AdministrativeOfficeoftheUnitedStates Courts, Public Hearing—Minneapolis, Minn., Panel 3, Writ. Test., at 2.
1017 NationalAssociationofCriminalDefenseLawyers,EthicsOpinion13–01at5(2013). 1018 Id.at7.
No recommendation presented herein represents 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 the policy of the Judicial Conference of the United States unless approved by the Conference itself.

















































































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