Page 71 - Ad Hoc Report June 2018
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 even when the Defender Services appropriation is being discussed with congressio- nal staff. BAPO staff does occasionally invite the program staff or a JCUS committee member to accompany them to the Hill to discuss a particular topic, though in the case of Defender Services this is extremely rare.98 And while defenders can meet with anyone in their capacity as an individual defender, they cannot speak for the program as a whole. Thus, BAPO generally serves as the sole point of contact from the AO to appropriations staff regarding the Defender Services budget requests.99
In short, the distinct missions of DSO, which primarily supports the provision of defense counsel and expert services, and of the AO, which primarily provides administrative support to the courts, are not aligned.100 With these vastly different missions, DSO fits poorly within a larger structure dedicated to serving the interests of the judiciary as a whole. And, as this program has grown along with the number of federal prosecutions, this conflict has become more pronounced.
3.3 Fundamental Weaknesses in the Current Structure and Governance
The Committee has identified the following issues with placing the CJA administra- tion within the current structure of the Judicial Conference and the Administrative Office. The Committee’s findings in these areas are supported by testimony from the public hearing and other public and non-public documentation. These are:
1. theDefenderServicesCommittee’slackofauthoritytomakemeaningful decisions about the oversight of the CJA program;
2. theDefenderServicesOffice’slackofstatusandauthoritytoeffectively manage and support the administration of the CJA program; and
3. thefederaldefenderandpanelattorney’sinabilitytomeaningfullypartici- pate in the governance of and advocacy for the CJA program.
The Prado report identified many of these same issues more than twenty years ago, and in some cases the resulting conflicts have increased in severity over time. A former federal defender who worked within the federal defense system
for decades observed that there has been “a sea change within the administrative office and the judicial conference over the last, not just the sequester 3 year period, but I would say probably going back 5 to 7 years. That sea change has significantly
98 Thislastoccurredin2014forDefenderServiceswhenthen-chairoftheDefenderServices Committee and one DSO staff member went with BAPO staff to meet with staff from the House appropriations subcommittee on the issue of the CJA panel attorney hourly rate request.
99 ThereisasubcommitteeoftheBudgetCommitteededicatedtocongressionaloutreachaswell.
100 TheDefenderServicesOfficestaffwhoworkfortheDirectoroftheAdministrativeOfficealsosupport the Defender Services Committee. This creates a structural conundrum. The primary focus of the Defender Services Office should be the provision of defense counsel and expert and investigative services.
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 27
 States unless approved by the Conference itself.
 



















































































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