Page 208 - Ad Hoc Report June 2018
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the quality of representation in our district....When we give the yearly training, we don’t just invite CJA panel members, we invite all lawyers in our district to attend who may want to attend; it’s free.”757
Many defenders’ efforts were highly praised. One panel attorney who practiced in two districts told the Committee that the “CLE programs that are offered by the federal public defender service in both districts: outstanding.”758 Another panel attor- ney stated, “Our federal defender office, it seems like every couple of weeks we have
a CLE over at the federal defenders office that the vast majority of panel attorneys attend, and most of the assistant federal defenders themselves attend.”759 A defender described how his office hosts “monthly lunch and learns, monthly round tables, we have a list-serve that the panel developed now that’s busy every day...The interac- tion, we regularly take calls and visits and so it’s really like one big office to a large extent.”760 In another district, attorneys can satisfy CLE requirements for panel mem- bership by attending the federal defender’s one-hour monthly CLE training session.761
Defenders sometimes find their best efforts to be inadequate. For example,
in some rural districts, panel lawyers find it difficult to attend even local training.
A federal defender from a rural district described the problem: “[I]t is very diffi-
cult to reach out to the panel and train them in any sort of meaningful way. We use a website. We use mailings. We have a protected forum on our website to answer questions. We field phone calls on a daily basis.” 762 Still, the defender reported that neither she nor the judges felt the CJA attorneys were receiving adequate training.763
And the training defenders provide can vary from district to district. Where FDOs do not provide training the quality of representation in their districts will suffer. A panel attorney urged that more needed to be done to ensure “consistent training. You can’t have one district that has fabulous seminars and then another district down the road has no seminars, nor can you depend on just brown bag [dis- cussions]....It’s got to be something better than that.”764
And even in the best of circumstances, defenders cannot hope to provide training equivalent to that available to federal prosecutors. Government attorneys have access to a permanent training institution, the National Advocacy Center, or the NAC, and receive training regularly to promote a high quality of lawyering. One federal defender observed, “The U.S. Attorneys are forever going to the NAC, and forever going to training. ”765 In fact, defenders do not have this level of institutional
757 CarlosWilliams,Exec.Dir.,CDO,S.D.Ala.,PublicHearing—SantaFe,N.M.,Panel3,Tr.,at19. 758 JuanMilanes,CJAPanelAtty.,D.P.R.&E.D.Va.,PublicHearing—Miami,Fla.,Panel4,Tr.,at9. 759 MatthewMcHenry,CJAPanelAtty.,D.Or.,PublicHearing—Portland,Or.,Panel2,Tr.,at41. 760 HenryMartin,FPD,M.D.Tenn.,PublicHearing—Birmingham,Ala.,Panel6,Tr.,at25.
761 Mag.JudgeMichaelPutnam,N.D.Ala.,PublicHearing—Birmingham,Ala.,Panel1,Tr.,at7–8. 762 TinaHunt,Exec.Dir.,CDO,M.D.Ga.,PublicHearing—SantaFe,N.M.,Panel3,Tr.,at1.
763 Id.at1–2.
764 EdwardHunt,CJAPanelAtty.,E.D.Wis.,PublicHearing—Minneapolis,Minn.,Panel4,Tr.,at37. 765 FrederickT.Heblich,Jr.,FPD,W.D.Va.,PublicHearing—Philadelphia,Pa.,Panel6,Tr.,at13–14.
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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