Page 289 - Ad Hoc Report June 2018
P. 289

    Proposed Independent Commission Situated in the Judicial Branch
Judicial Conference
      Independent Defense Commission
Defender Services ________
Program Operations Division
Administrative Operations
Community Defender Offices
U.S. Sentencing Commission
Legal and Policy Division
CJA Panel Offices
Administrative Office Of The U.S. Courts
Federal Judicial Center
     Legislation and National Support Division
Training Division
Federal Public Defender Offices
        The Committee unanimously recommends that, much like the Sentencing Commission, the independent defender commission consist of voting members appointed by the President and confirmed by the Senate. To ensure full representa- tion of the federal defense function before the commission, three non-voting mem- bers should be selected by the commission, respectively, from an FPDO, a CDO, and a CJA panel.
With the exception of one member, the Committee urges that federal judges must not constitute a majority of the voting members. Additionally, no more than four board members may be of the same political party. For the initial board, the Committee recommends that the Chief Justice of the United States, as well as the Defender Services Advisory Group, which currently represents defenders and advises the Defender Services Committee, prepare a slate of candidates from which the President may select. For subsequent boards, a slate of candidates should be prepared by the Chief Justice and the equivalent of the Defender Services Advisory Group to the new commission. Voting members should have had a minimum five years of experience with, as well as a demonstrated interest in, high quality indigent criminal defense.
To prevent conflicts of interest, no voting member should be employed by the Department of Justice, work as a state or federal prosecutor, or serve as a chief or assistant federal defender or as an active member of a CJA panel.
The Committee recommends that members of the commission be appointed
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 245
States unless approved by the Conference itself.

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