Page 82 - Ad Hoc Report June 2018
P. 82

 38 2 0 1 7
have a voice in whatever agency or committee oversees us, we should have an ability to advocate for ourselves in front of Congress and the legislating bodies.”139 The Director of the 2255 Project (discussed further in Section 9) admitted to the Committee that while taking on the responsibility of advocating for the program could seem daunting, “One of the reasons is we know this stuff. This is what we do day in and day out and we can talk about it.”140
3.4 Oversight of National Budget for the CJA
A black letter principle of an effective public defense system is that the quality and effectiveness of that system, the ability of the lawyers to meet their Sixth Amendment obligations, is directly dependent on the resources the government is willing to devote to that system of public defense.141
During the public hearing in Philadelphia, as the Brigadier General oversee- ing the defense for the Guantanamo Bay Military Commissions told the Committee, “The problem isn’t who you report to; it’s who owns the purse.”142
Yet the CJA program, placed under the governance structures of the JCUS
and AO, cannot seek the resources it needs directly from funders. And because the JCUS and AO are by statute and policy charged with pursuing the best interests of the judiciary, Defender Services’ needs for resources must be subsumed within the pursuit of the interests of the judiciary as a whole. This is a structural conflict. And so, despite the best efforts of all the individuals and offices involved in the process, the problems surrounding the budgeting of a national defense delivery system con- tinue to plague the program.
Described below are the conflicts over funding, the inability of those charged with management of the CJA to determine or advocate for its budget within JCUS and with Congress, and the recent difficulties in obtaining adequate funding and resources for the program to ensure those Sixth Amendment obligations.
3.4.1 Formulation of the CJA Program Budget
Given that the needs of defenders are reactive to forces beyond their control, the development of a budget for the administration of the CJA is necessarily a com- plex process. Placement of the CJA’s management within the judiciary’s governing
139 JonSands,FPD,D.Ariz.,PublicHearing—Minneapolis,Minn.,Panel5,Tr.,at6.
140 Ruth Friedman, Director, Federal Capital Habeas Project, Public Hearing—Birmingham, Ala., Panel 3, Tr., at 26.
141 Mag.JudgeJonathanFeldman,W.D.N.Y.,PublicHearing—Philadelphia,Pa.,Panel1,Tr.,at7.
142 BrigadierGeneralJohnBaker,U.S.Marines,PublicHearing—Philadelphia,Pa.,Panel5,Tr.,at18.
No recommendation presented herein represents 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.

   80   81   82   83   84