Page 99 - Ad Hoc Report June 2018
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 examined by this Committee. As a result, the Committee believes in order to maintain a high quality of panel representations, both the hourly rates and case compensation maximums must be addressed. Within the amounts provided herein, and effective January 1, 2005, this Committee recommends the hourly rates payable to capital case attorneys be increased to $160 per hour.
3.5.4 Locality
When CJA counsel live and work in areas with high overhead costs, the effect of these low rates is exacerbated. For example, the financial burden of defending a client will vary greatly between an attorney who lives and works in San Francisco, California, with a monthly cost of living calculated to be $11,273,205 and one who lives and works in Mobile, Alabama, with a monthly cost of living of $5,828.206
Locality increases are consistently implemented for federal judiciary employ- ees,207 but the CJA non-capital hourly rate does not change by locality. A panel attorney practicing in San Francisco succinctly explained this problem:
I’ll just say two things about San Francisco. We all know it, it is an extraor- dinarily expensive place to live. For the past nine months, it has been the highest rent paying area in the country, eclipsing New York by a very large degree...and at $129 an hour, that’s just not a sustainable hourly rate.208
Additionally, the federal defender from the Southern District of Indiana sup- ports locality increases:
If you are being paid, say, $100 an hour in San Francisco, that is certainly not the same as $100 an hour in some rural county in South Carolina. So, I do think that there’s some merit to locality increases, particularly for large cities where rates of overhead are so much higher than in some of the more rural areas in this country.209
205 CostofLivingIndex,TheCouncilforCommunityandEconomicResearch,https://store.coli. org/compare.asp (last visited Jan. 19, 2017) (estimating the monthly cost of living for a husband and wife with children ages 6-17 in San Francisco, CA).
206 CostofLivingIndex,TheCouncilforCommunityandEconomicResearch,https://store.coli. org/compare.asp (last visited Jan. 19, 2017) (estimating the monthly cost of living for a husband and wife with children ages 6-17 in Mobile, AL).
207 5U.S.C.§5304(2012);Compensation,U.S.Courts,http://www.uscourts.gov/careers/ compensation (last visited Jan. 19, 2017) (“Judiciary pay consists of base pay plus a locality pay component and a cost-of-living allowance component.”).
208 MaryMcNamara,CJADist.Rep.,N.D.Cal.,PublicHearing—SanFrancisco,Cal.,Panel6,Tr.,at4. 209 MonicaFoster,Exec.Dir.,CDO,S.D.Ind.,PublicHearing—Minneapolis,Minn.,Panel5,Tr.,at35.
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 55
 States unless approved by the Conference itself.
 




















































































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