Page 290 - Ad Hoc Report June 2018
P. 290

 RECOMMENDATIONS
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R E P O R T
O F
for staggered three-year terms and, to provide continuity of leadership, remain in office until their vacancy is filled. To insure fresh perspectives, members should be limited to two full terms. Compensation for members of the commission should not exceed the daily rate at which judges of the U.S. Courts of Appeals are compensated.
13.2 Local Structure
To ensure institutional support for any local defense delivery plan, in every dis-
trict in which at least 200 persons annually require the appointment of counsel,
the commission shall establish a defender organization and a CJA Panel Attorney Administrator. This administrator may reside within the defender office, with appro- priate firewalls to prevent conflicts, or in a separate office, but must not be under the auspices of the courts.
The types of defender organizations that may be created:
1. Federal Defender Organizations; as set forth in 18 USC §3006A(g)(2)(A); or
2. Community Defender Organizations; as set forth in 18 USC§3006A(g)(2)(B); and
3. CJA Panel Attorney administrator with necessary support staff responsible for the oversight and the supervision of the CJA panel attorneys.
The Committee recognizes that federal and community defender offices are integral to raising the quality of representation and establishing best practices for all defense attorneys in a district, as well as providing training and other resources for private CJA panel attorneys, all while being cost-effective.
In addition to defender offices, federal districts require a local management structure to administer the provision of defense, taking over the duties currently shouldered by district court judges with busy dockets. The Committee agrees that as different districts have different needs, there should not be a one-size-fits-all solution for federal defense. Therefore these recommendations leave considerable room for local decision-making, while still removing the defense function from judicial control.
Defender offices and panel administration should be overseen by a local board consisting of a minimum of three and a maximum of seven board members. Initial boards shall be appointed by the local district courts, the community or fed- eral defender, and CJA panel attorney district representative in consultation with the commission outlined above.1113 Local bar organizations or other interested stakeholders are welcome to provide input into the appointment process; each
1113 ThisisnottosaythatdistrictsmustwaitforCongresstocreateanationalstructurebeforetaking these steps; indeed, many of these recommendations can be implemented now.
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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