Page 261 - Ad Hoc Report June 2018
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 defenders accepted this case management system “only after several prerequisites were met. Chief among these was that the database admin- istration would remain under the control” of the Defender Services Office and the National Information Technology Operations and Applications Development (NITOAD)branch.1008
3. DSMIS “collects and aggregates data about cases from multiple sources into a single database for program analysis,”1009 including from dData, and thus contains confidential information. It does not contain information as sen- sitive as dData itself, but because defenders were concerned about the vio- lation of their professional responsibilities, a protocol for implementation and use of DSMIS was developed with the AO. The principles guiding that protocol were: “(1) ensuring defenders could provide information without violating their ethical duties of confidentiality; and (2) the Judiciary’s recog- nition that DSO exclusivity is essential to preserving the confidential attor- ney-client information and the independence of the defense function.”1010
All three of these systems either contain or directly link to systems that contain confidential and privileged client information. Even though the defender program is managed by the AO, it is “imperative to keep the technology systems of a federal public defender office, including specifically federal defender emails, case manage- ment programs, and statistical systems separate” from those of the AO.1011
In addition to data-management programs, there are two other systems that hold information generated by defender offices and occasionally between attor- neys and their clients—video conferencing services and the network that connects defender offices, DWAN. The National Information Technology Operations and Applications Development (NITOAD) currently runs both.
Until only a few years ago defender email, dData, and DSMIS were run entirely by the Office of Defender Services, the precursor to the current, reorga- nized Defender Services Office. There were two branches of ODS that ran defender IT, but only one still exists: NITOAD. NITOAD is located in San Antonio, and day- to-day operations are overseen by the defender office for the Western District
of Texas. Because each defender office operates as an independent entity, shar- ing data with employees of another defender office can raise ethical concerns. However, NITOAD’s access to and compiling of defender data is unlikely to destroy
1008 LetterfromDavidStickman,ChairoftheDefenderServicesAutomationWorkingGroup(DAWG), to Laura Minor (August 1, 2013).
1009 LetterfromJonSands,FPD,D.Ariz.,toCaitClarke,Chief,DSO,Dec.2,2013.TheDSMIS “financial, personnel, workload, timekeeping (without case notes) and CJA payment system data taken collectively and reported out of DSMIS is among the most powerful and sensitive information we have, e.g. cost per rep, cost per FTE, and CJA panel vs FDO statistics” and “only in DSMIS are they available collectively.” Id.
1010 Id.
1011 MaureenFranco,FPD,W.D.Tex.,PublicHearing—SantaFe,N.M.,Panel2,Writ.Test.,at5.
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 217
 States unless approved by the Conference itself.

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