Page 287 - Ad Hoc Report June 2018
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   Section 13: The Committee’s Proposal: An Independent Entity Within the Judicial Branch
The testimony, written comments, survey data and private discussions, all carefully studied by the committee over the course of a two-year review compel the conclu- sion that the CJA’s primary flaw is the program’s lack of independence.
The Committee considered several models that would provide the CJA pro- gram with the greater independence it needs to function more effectively and effi- ciently. These options are: 1) creating an independent commission within the judi- cial branch but outside of the control of the Judicial Conference and Administrative Office; 2) placing the program under the executive branch 3) creating an entirely independent, stand-alone agency outside of the three branches of government; and 4) leaving the program where it is but re-elevating DSO to a directorate.1111
None of these models is perfect; the Committee recognizes that there are advantages and disadvantages to each one. And while there is a risk in creating a new structure it is a risk the program must bear given the absolute necessity of greater independence for the public defense function.
13.1 National Structure
Consistent with the recommendations made by the Prado Committee in 1993, this Committee unanimously recommends that Congress create an independent defender commission within the judicial branch, but outside the jurisdiction of the Judicial Conference and AO. Although there was not universal support for the Prado Committee’s similar recommendations, in the 24 years since the issuance of the Prado Report the nature of federal criminal defense practice has dramatically
1111 OnJuly12,2016theAdHocCommitteerequestedfromDSOacalculationandestimationofthe budget under various models. Both the letter and response are attached as Appendix L.
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 243
 States unless approved by the Conference itself.

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