Page 288 - Ad Hoc Report June 2018
P. 288

 RECOMMENDATIONS
 244 2 0 1 7
R E P O R T
O F
changed; the number of cases brought by the government, and the complexity of those cases, has increased dramatically. And the record before this Committee sup- porting independence is stronger and significantly more compelling. Today, most critical stakeholders have endorsed greater independence for the program.
This independent defender commission proposed by our committee above would have powers to:
1. Establish general policies and rules as necessary to carry out the purposes of the CJA;
2. Appoint and fix the salaries and duties of a director and senior staff;
3. Select and appoint federal defenders and determine the length of term;
4. Issue instruction to, monitor the performance of, and ensure payment of defense counsel;
5. Determine, submit, and support annual appropriations requests to Congress;
6. Enter into and perform contracts;
7. Procure as necessary temporary and intermittent services;
8. Compile, collect and analyze data to measure and ensure high quality defense representation throughout the nation;
9. Rely upon other federal agencies to make their services, equipment, personnel, facilities and information available to the greatest practicable extent to the commission in execution of its functions;1112 and
10. Perform such other functions as required to carry out the purposes of and meet responsibilities under the CJA.
In essence, the independent defender commission would centralize author- ity that is presently shared among JCUS, the Administrative Office, the Defender Services Office, and the circuit courts. Decisions about the provision of defense ser- vices would be made independently and implemented by those having experience with and responsibility for the defense function. Importantly, the defense program would not have to compete with organizational or other judicial agency interests in securing and expending funds to ensure best practices. The following chart gener- ally illustrates this proposed structure.
1112 TheCommitteebasesthisrecommendationupontheenablingstatutefortheU.S.Sentencing Commission, which is housed within the same building as the AO and uses services provided by the AO but is not within AO governance. The statute for the Sentencing Commission reads, “Upon the request of the Commission, each Federal agency is authorized and directed to make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the Commission in the execution of its functions.” 28 U.S.C. § 995(c). Any statute creating a defender commission should provide the same assistance for the new commission to execute its duties.
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.
















































































   286   287   288   289   290