Page 276 - Ad Hoc Report June 2018
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Some judges have standing orders to encourage the efficient disclosure of dis- covery, allowing defense attorneys more time to properly review ESI and keep case costs from ballooning.1076 Other judges schedule conferences with prosecutors and defense attorneys in all of their criminal cases to discuss coordinating discovery.1077
There are judges, however, who believe it is inappropriate to become involved in document and ESI discovery altogether. One judge explained that the process relies on the “goodwill of the U.S. Attorney’s Office. We can only push so far. . . . I am not sure that I agree it would be appropriate for the court, with the state of the law as it is now, providing almost no rights to discovery for the defen- dant, for the court to step in.”1078
11.2 Limited Resources Currently Available
11.2.1 National Litigation Support Team
The National Litigation Support Team (NLST) is funded through the Defender Services Office and overseen by that office’s Training Division. Its mandate is to assist, advise, provide training, and act as a resource for the entire CJA program.
It currently employs a National Litigation Support Administrator and three staff members to provide electronic data support for the federal judiciary, federal and community defenders, and the almost 10,000 panel attorneys nationwide.1079 NLST provides in-person and on-line training and resources,1080 works with vendors to negotiate lower prices for software panel attorneys can access, and assists directly on complex ESI discovery cases. But as one witness stated, the budget and staff is “woefully inadequate.”1081
NLST also faces particular barriers to providing training on ESI discovery. Most notably, training on technology to handle ESI discovery should take place in person. The NLST Administrator explained that to properly train defense attorneys,
1076 RussellAoki:“Judgeswillaskme,frommyexperience,whatreallyhelpscutbackonexpenses. That is, getting people engaged in the case right away, setting deadlines. Judge Fischer has a wonderful order that gets people up and running in the first forty-five days.” Russel Aoki, Coordinating Discovery Atty., Public Hearing—San Francisco, Cal., Panel 2, Tr., at 34.
1077 JudgeRichardBoulware:“Ihaveadiscoveryconferenceineverysingleoneofmycriminalcases, and I ask the U.S. Attorneys, what is the status of the data? How can we coordinate that?” Judge Richard Boulware, D. Nev., Public Hearing—San Francisco, Cal., Panel 5, Tr., at 14.
1078 JudgeRosannaPeterson,E.D.Wash.PublicHearing—Portland,Or.,Panel3,Tr.,at26.
1079 BobRanz,CaseBudgetingAttorney:“SeanBroderick’sofficedoesawonderfuljob,butagain, Sean has a small office and they’re dealing with what I think is ten thousand CJA panel attorneys.” Bob Ranz, Circuit Case Budgeting Atty., 6th Cir., Public Hearing—San Francisco, Cal., Panel 1, Tr., at 3.
1080 InFY2016,theNLSTprovidedtraininginnationaltrainingprogramsorganizedbyDSOas
well as in seventeen districts across the United States. Fourteen of those programs were hands-on trainings providing direct instruction to panel attorneys, federal defenders, and defender office staff on e-discovery and litigation support.
1081 DonnaLeeElm,FPD,M.D.Fla.,PublicHearing—SanFrancisco,Cal.,Panel2,Tr.,at4.
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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