Page 41 - Ad Hoc Report June 2018
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  20. FJC and DSO should provide training for judges and CJA panel attorneys concerning the need for experts, investigators and other service providers.
21. FJC and DSO should provide increased and more hands-on training for CJA attorneys, defenders, and judges on e-discovery. The training should be mandatory for private attorneys who wish to be appointed to and then remain on a CJA panel.
22. While judges retain the authority to approve all vouchers, FJC should provide training to them and their administrative staff on defense best practices, electronic discovery needs, and other relevant issues.
23. Criminal e-Discovery: A Pocket Guide for Judges, which explains how judges can assist in managing e-discovery, should be provided to every federal judge.
Capital Representation
24. Remove any local or circuit restrictions prohibiting Capital Habeas Units (CHUs) from engaging in cross-district representation. Every district should have access to a CHU.
25. Circuit courts should encourage the establishment of CHUs where they do not already exist and make Federal Death Penalty Resource Counsel and other resources as well as training opportunities more widely available to attorneys who take these cases.
26. Eliminate any formal or informal non-statutory budgetary caps on capital cases, whether in a death, direct appeal, or collateral appeal matter. All capital cases should be budgeted with the assistance of Case Budgeting Attorneys (CBAs) and/or resource counsel where appropriate.
27. In appointing counsel in capital cases, judges should defer to recommendations by federal defenders and resource counsel absent compelling reasons to do otherwise.
28. Modify work measurement formulas to:
ffDedicate funding—that does not diminish funding otherwise available for capital representation—to create mentorship programs to increase the number of counsel qualified to provide representation in direct capital and habeas cases.
ffReflect the considerable resources capital or habeas cases require for federal defender offices without CHUs.
ffFund CHUs to handle a greater percentage of their jurisdictions’ capital habeas cases.
 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 xxxix
States unless approved by the Conference itself.

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