Page 34 - Ad Hoc Report June 2018
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6. Enter into and perform contracts
7. Create and oversee a system for litigation funding for CJA counsel, including the review of attorney, expert, and investigator fees
8. Procure as necessary temporary and intermittent services
9. Compile, collect and analyze data to measure and ensure high quality defense representation throughout the nation
10. Rely upon other federal agencies to make their services, equipment, personnel, facilities and information available to the greatest practicable extent to the commission in execution of its functions38
11. Perform such other functions as required to carry out the purposes of and meet responsibilities under the CJA
Decisions about the provision of defense services should be made and imple- mented by those with direct experience and responsibility for the defense func- tion—promoting best practices—and there should be no internal conflict of interest created when requesting funding from Congress.
Modeled after the United States Sentencing Commission, this entity would have seven voting members appointed by the President and confirmed by the Senate. While voting members could include federal judges, they must not con- stitute a majority. 39 Additionally, no more than four board members shall serve from any 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 would be prepared by the Chief Justice and the equiva- lent of the Defender Services Advisory Group to the new commission.
Voting members should have a minimum five years of experience in, as well as a demonstrated interest in and a commitment to, high quality indigent criminal defense. To prevent conflicts of interest, no voting member should be employed by
38 TheCommitteebasesthisrecommendationupontheenablingstatutefortheU.S.Sentencing Commission, which is housed within the same building as the AO and uses services provided by
the AO but is not within AO governance. The statute for the Sentencing Commission reads, “28
U.S.C. § 995(c) Upon the request of the Commission, each Federal agency is authorized and directed to make its services, equipment, personnel, facilities, and information available to the greatest practicable extent to the Commission in the execution of its functions.” Any statute creating a defender commission should contain the same assistance for the new commission to execute its duties.
39 OneCommitteemember,ProfessorOrinKerr,believesthecommitteeshouldbecomprisedofall judges selected by other district court judges. Please see statement in Appendix M.
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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