Page 269 - Ad Hoc Report June 2018
P. 269

 This occurrence highlights the poor structural fit of the defenders’ IT systems, which must maintain confidentiality between defenders and their clients, within
a bureaucracy that is charged with serving the courts. Breaches to client confiden- tiality such as this one may force federal defender offices to consider abandoning these national database systems altogether, which would severely compromise the national administration of the CJA program. Even before the significant data breach described above, one defender pointed to this issue as the most important thing for this Committee to address:
For me it is the independence of our IT function. It has just become critically apparent to me that if we don’t get this solved quickly and affirmatively and definitively, then every defender office, I would rec- ommend that they get their own server and they work their own e-mail system or defender data system, their own statistical recording because there is a third party that has access to our information. It completely destroys the attorney/client privilege . . . to restore that independence in our IT function, I think is for me is a very hard line in the sand and we really need for that to happen.1044 •
 1044 MaureenFranco,FPD,W.D.Tex.,PublicHearing—SantaFe,N.M.,Panel2,Tr.,at34.
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 225
States unless approved by the Conference itself.

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