Page 178 - Ad Hoc Report June 2018
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Section 6: Circuit Court Oversight
The CJA provides federal circuit courts significant authority over three different aspects of the federal defense program: 1) approval of panel attorney vouchers and ancillary service provider requests that exceed the case maximums;606 2) appointment of federal public defenders and setting their compensation;607 and 3) approval of the number of attorneys for federal public defender offices.608 There is widespread agree- ment among judges, circuit executives, federal public defenders, and panel attorneys that the involvement of circuit courts in the federal public defense system is inconsis- tent, inefficient, and burdensome for judges.
6.1 Circuit Review of Panel Attorney Vouchers and Ancillary Service Provider Requests
As discussed in the previous section, the CJA has established panel attorney com- pensation limits on non-capital felony cases.609 For a non-capital felony appoint- ment, the case compensation maximum amount is statutorily set at $10,300 per case.610 Compensation may exceed this amount only if the presiding district court
606 18U.S.C.§3006A(d)(2)–(3). 607 18U.S.C.§3006A(g)(2)(A). 608 18U.S.C.§3006A(g)(2)(A).
609 GuidetoJudiciaryPolicy,Vol.7A,Ch.2,§230.23.20.Casecompensationlimitsdonotapplyto expenses and the circuit has no role authorizing the payment of such expenses. Guide to Judiciary Policy, Vol. 7A, Ch. 2, § 230.23.10(d).
610 18U.S.C.§3006A(d)(2);GuidetoJudiciaryPolicy,Vol.7A,Ch.2,§230.23.20.Thisnew,highercap became effective May 5, 2017. The Judicial Administration and Technical Amendments Act of 2008, Pub. L. No. 110–406, amended the CJA to raise the compensation maximums “simultaneously” with aggregate percentage increases in the maximum non-capital hourly compensation rate.
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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