1. The objective of this Plan is to attain the goal of equal justice under the law for all persons. This Plan, therefore, shall be administered so that those accused of crime, or otherwise eligible for service pursuant to the CJA, will not be deprived of the right to counsel, or any element of representation necessary to an effective defense.

2. The further objective of this Plan is to particularize the requirements of the CJA, the Anti Drug Abuse Act of 1988 (codified in part at 21 U.S.C. § 848(q)) and the CJA Guidelines in a way that meets the needs of this district.

B. Compliance

1. The Court, its Clerk, the Federal Public Defender's office and private attorneys appointed under the CJA shall comply with the CJA Guidelines approved by the Judicial Conference of the United States and/or its Committee on Defender Services and with this Plan.

2. Each private attorney shall be provided by the Federal Public Defender with a current copy of this Plan upon the attorney's first appointment under the CJA or designation as a member of the Panel of Private Attorneys under the Criminal Justice Act (CJA Panel). The Federal Public Defender shall maintain a current copy of the CJA Guidelines for the use of members of the CJA Panel and shall make its availability known to such attorneys.


III. DETERMINATION OF ELIGIBILITY FOR REPRESENTATION.

A. The determination of eligibility for representation under the CJA is a judicial function to be performed by a judge after making appropriate inquiries concerning the person’s financial condition.

B. In every case in which appointment of counsel pursuant to 18 U.S.C. § 3006A(a) is appropriate, it is the duty of the judge to advise the party of his or her right to counsel. The judge shall appoint counsel promptly if it is found that the party is financially unable to obtain an attorney, unless the party waives his or her right to be represented by counsel.

C. Representation shall be provided for any financially eligible person who:
1. is charged with a felony or Class A misdemeanor;

2. is a juvenile alleged to have committed an act of juvenile delinquency as defined in 18 U.S.C. § 5031;

3. is under arrest, when such representation is required by law;

4. is charged with a violation of probation, parole or supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of probation, parole or supervised release;

5. is subject to a mental condition hearing under Chapter 313 of Title 18;

6. is in custody as a material witness;

7. is charged with a capital offense or is seeking to set aside or vacate a death sentence under sections 2254 or 2255 of Title 28, United States Code. All appointments under this section shall be made pursuant to Appendix C of this Plan or Local Rule CR104(d);

8. is entitled to appointment of counsel in verification of consent proceedings pursuant to a transfer of an offender to or from the United States for the execution of a penal sentence under 18 U.S.C. § 4109;

9. has been called as a witness before a Grand Jury or a court that has the power to compel testimony and there is reason to believe the witness risks self-incrimination, loss of liberty or contempt of court;

10. is the subject of federal law enforcement interest and faces the risk of federal charges;

11. is entitled to appointment of counsel under the Sixth Amendment to the Constitution;

12. faces loss of liberty in a case, and federal law requires the appointment of counsel.

D. Whenever a judge determines that the interests of justice so require, representation may be provided for a financially eligible person who:

1. is charged with a petty offense (Class B or C misdemeanor, or an infraction) for which a sentence to confinement is authorized;

2. is seeking relief, other than to set aside or vacate a death sentence under 28 U.S.C. § 2241, 2254, or 2255;

3. is proposed by the United States Attorney for processing under a pretrial diversion program;

4. is under federal supervision or in the custody of the Federal Bureau of Prisons, or is otherwise in contact with federal law enforcement officials, whenever the interests of justice require and the court determines that assignment of counsel would be of assistance to the court;

5. is financially eligible and whose case is of a type described in Volume VII, Chapter II, Part A, Section 2.01 F(5)(6) of the Guidelines for the Administration of the Criminal Justice Act.


IV. PROVISIONS FOR FURNISHING COUNSEL

A. This Plan provides for the furnishing of legal services by the Federal Public Defender’s office and for the continued appointment and compensation of private counsel in a substantial proportion of cases.

B. When appointing counsel under this Plan, the court should be mindful of directives from the Judicial Conference during times of financial constraint. When practicable, private attorney appointments should be made in at least 25% of the cases.

C. The court, in cooperation with the Federal Public Defender, will make such arrangements with federal, state, and local investigative and police agencies as will adequately assure that at the earliest practicable stage, persons arrested under circumstances where representation is required by federal law, may promptly have counsel furnished to them.

D. Prior to a defendant’s first scheduled court appearance, if it becomes known that the defendant desires representation of an attorney, but claims to be unable to afford such services, the Federal Public Defender shall be notified. If feasible, in order to conserve the time of the court, a staff attorney of the Federal Public Defender or a panel attorney shall then advise the defendant of his/her right to representation by counsel and to appointment thereof if he/she is unable financially to retain an attorney. If in the judgment of the panel or staff attorney of the Federal Public Defender, based upon inquiry of the defendant, a judge is likely to appoint counsel, with or without requiring payments by the defendant toward the cost of such representation, said attorney shall commence representation.

E. In the interests of justice, the Federal Public Defender is authorized under this Plan, subject to the approval or ratification of the court, to initially represent all persons arrested in the district before the first appearance and at bail hearings or arraignments where, in the judgment of the Federal Public Defender, the defendant is eligible or likely to be determined eligible for assigned counsel by the court and the defendant will likely be assigned to the Federal Public Defender or a panel attorney for representation.

F. The judge before whom a case is pending may, in the interest of justice, substitute one appointed counsel for another at any stage of the proceedings.

G. If at any time after the appointment of counsel, a judge finds that the party is financially able to obtain counsel or make partial payment for the representation, the judge may terminate the appointment of counsel or recommend that any funds available to the party be ordered paid as provided in 18 U.S.C. § 3006A(f).

H. If at any stage of the proceedings, a judge finds that the party is financially
unable to continue to pay retained counsel, the judge may make an original appointment of counsel in accordance with the general procedure set forth in this Plan.

I. If, at any time after appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with his or her representation, and the source of the attorney’s information is not protected as a privileged communication, counsel shall advise the court.


V. ESTABLISHMENT OF THE FEDERAL PUBLIC DEFENDER ORGANIZATION

A. The court finds that the use of a Federal Public Defender organization in this district, as defined in 18 U.S.C. § 3006A(g)(2)(A), is appropriate and should continue. The Federal Public Defender shall submit to the Director of the Administrative Office of the United States Courts, at the time and in the form prescribed, reports of the office's activities and the financial position and proposed budget of the office.

B. The Federal Public Defender shall be responsible for the supervision and management of the Federal Public Defender Organization. Accordingly, the Federal Public Defender shall be appointed in all cases assigned to that organization for subsequent assignment to staff attorneys at the discretion of the Federal Public Defender.

C. In accordance with and subject to the provisions of this Plan and further orders of the court, authority to administer the Criminal Justice Act is assigned and delegated to the Federal Public Defender.

D. It shall be the responsibility of the Federal Public Defender, subject to the approval of the court, to notify panel attorneys of an appointment and of the first appearance date.

E. Neither the Federal Public Defender, nor any staff attorney appointed as an Assistant Federal Public Defender, may engage in the private practice of law.

VI. CRIMINAL JUSTICE ACT PANEL

A. Formation of a Standing Committee to Oversee the Criminal Justice Act Panel

1. The judges of the United States District Court for the Western District of Washington hereby create a standing committee to oversee the CJA Panel. This committee shall consist of five attorneys, each a voting member, who possess sufficient experience and interest in the federal criminal justice system to administer the CJA Panel. Four members of the standing committee shall be selected by a majority vote of the active judges of the court. At least one such attorney shall be from the area served by the United States District Court in Tacoma. Members of the committee shall serve without compensation.

2. The Federal Public Defender or his or her representative will be a permanent member of the committee.

3. The court may set terms for service on the committee or rotate members at its discretion or upon recommendation of the Federal Public Defender.

4. The standing committee shall meet formally at least four times per year. In addition to reviewing Panel membership, the committee shall identify and define any operating difficulties encountered in the administration of the Panel and make recommendations to the court for appropriate changes.

5. The standing committee shall act consistent with the requirements of Appendix A to this Plan in making recommendations concerning selection to the Panel and recommendations concerning disputes involving claims for compensation or other services provided under this Plan.

6. The standing committee shall also coordinate with the Federal Public Defender's office in providing training for the CJA Panel. Such training shall include correspondence with Panel attorneys on substantive and procedural changes in the law, local rules, and other matters affecting the Panel attorneys, and shall also include regularly scheduled seminars for Panel attorneys as well as the private bar.

7. The standing committee will be permitted to use the staff of the Federal Public Defender for clerical and record-keeping matters. However, the standing committee is not authorized to make requests for services which would incur financial obligations without prior approval of the court.

B. Formation of the CJA Panel

1. The Panel shall consist of attorneys recommended by the standing committee and approved by a majority of the active judges of the district, pursuant to the procedures outlined in Appendix A. A majority of the active judges of the district may remove a member of the Panel at any time.

2. CJA Panel attorneys must be admitted to practice and in good standing in the State of Washington, the United States District Court for the Western District of Washington and the Ninth Circuit Court of Appeals. In addition to bar membership, the Panel attorneys should have prior federal and/or state criminal trial experience, significant involvement in serious or complex criminal cases, knowledge of the Sentencing Guidelines and the Bail Reform Act, knowledge of other relevant areas of federal criminal practice, and/or clinical experience or participation in trial advocacy programs.

3. Each Panel attorney must carry professional malpractice insurance with minimum limits of $200,000.00 for each occurrence.

C. Obligations of Panel Members

1. In addition to meeting the training and qualification requirements established by the standing committee, Panel members are expected to:

a. have an office procedure in place that facilitates the prompt receipt of information concerning appointment in a CJA case;

b. be qualified and willing to represent an assigned client through the appellate process and ancillary matters appropriate to the proceedings (subsection (c) of the CJA) unless or until relieved by order of the court;

c. promptly notify the standing committee, in writing, in the event any action is taken by any court or bar affecting the standing of the attorney to practice before such court or bar;

d. participate actively in the representation of eligible individuals;

e. comply with the requirements of electronic filing and have sufficient knowledge and technological capabilities to effectively and efficiently manage complex cases.

f. conform to the highest standards of professional conduct.

2. Appointed counsel may not require, request, or accept any payment or
promise of payment or any other valuable consideration for representation under the appointment, unless such payment is approved by order of the court.

VII. ASSIGNMENT OF CASES TO THE CJA PANEL

A. The Federal Public Defender shall be responsible for overseeing the assignment of cases to Panel attorneys.

B. Attorneys will be assigned to one of two primary panels, one providing service for the United States District Court in Tacoma and the second providing service for the United States District Court in Seattle. In the event that the Federal Public Defender is unable to locate counsel from the list maintained in that city, assignment will be made to the next available Panel attorney on the list maintained in the other city.

C. In addition to the two primary panels, the Federal Public Defender shall maintain a list of attorneys who will provide representation for individuals who appear before judges in outlying courts located within the district. Attorneys assigned to this list shall be selected by the standing committee in accordance with the procedures and requirements of this Plan. Consistent with the terms and requirements of Appendix B and Appendix C, the Federal Public Defender shall also maintain lists of attorneys for assignment to appeals or in capital cases.

D. The Federal Public Defender may create an emeritus panel for each of the above lists. Attorneys will be eligible for inclusion on the emeritus panels when they have served with distinction on the active panels or have otherwise demonstrated excellence in the practice of federal criminal defense and wish to be active in CJA matters but are no longer able or willing to take a significant number of assignments.

E. Location of attorneys for individual cases shall be handled by the Federal Public Defender. To facilitate this process, the appropriate court agency shall notify the Federal Public Defender of the need for counsel as rapidly as possible.

F. In the normal course, the Federal Public Defender shall locate counsel by calling from the appropriate list of attorneys in rotational order. The Federal Public Defender may go out of rotation at the direction of the court, or for a case which requires particular expertise, is of particular complexity or severity, or involves a client with unusual needs.

G. Attorneys on the emeritus panels may be called for cases which require particular expertise, are of particular complexity or severity or involve clients with unusual needs. They may also inform the Federal Defender from time to time of their desire to take a case and be considered for the next available assignment.

H. In the interests of justice, where continuity of representation is a factor or other special circumstances exist, the court may assign an attorney who is not on the panel. Consideration for preserving the integrity of the panel selection process suggests that such appointments should be made only in exceptional circumstances. Further, the attorney, who may or may not maintain an office in the district, should possess such qualities as would qualify him or her for admission to the district’s CJA panel in the ordinary course of panel selection.

I. The Federal Public Defender shall maintain master lists of CJA appointments, which will include the date of each appointment, the case name and the date of each refusal ("pass") by a Panel attorney.

J. If a Panel member has repeatedly passed assignments, the Federal Public Defender may refer the name of the attorney to the standing committee. The standing committee shall then consider the information provided by the Federal Public Defender and make such further inquiry as it deems appropriate.

K. The Federal Public Defender shall maintain a record of assignments to the Federal Public Defender's office and to the CJA Panel, as well as current statistical data reflecting the respective percentages of cases assigned to the Federal Public Defender and to private counsel.
 
VIII. INVESTIGATIVE, EXPERT AND OTHER SERVICES

A. Counsel (whether or not appointed under the Act) for a party who is financially unable to obtain investigative, expert or other services necessary for an adequate defense in his or her case, may request such services in an ex parte application before a judge, as provided in 18 U.S.C. § 3006A(e)(1). Upon finding that the services are necessary, and that the person is financially unable to obtain them, the judge shall authorize appointed counsel to obtain the services.

B. Counsel may obtain, subject to later review, investigative, expert, or other services without prior authorization, pursuant to 18 U.S.C. § 3006A(e)(1). Expenditures without prior court authorization are not favored.

C. Counsel shall comply with all provisions regarding financial limitations and requests for services, as set forth in 18 U.S.C. § 3006A(e), and any guidelines or regulations approved by the Judicial Conference of the United States.

D. In the event that a judge indicates an intention not to approve, in whole or in part, compensation for services requested or rendered under this paragraph, counsel may request review and recommendation by the standing committee pursuant to the procedures set forth in Appendix A.

IX. COMPENSATION

A. Payments of fees and expenses to counsel appointed under this Plan, (other than to the Federal Public Defender's office), and payment for investigative, expert, and other services incurred, shall be made in accordance with any statutory limitations and such rules, regulations and guidelines, as have been or may be prescribed from time to time by the Judicial Conference of the United States, and in accordance with the fiscal policies of the Administrative Office of the United States Courts. No appointed counsel may request or accept any payment or promise of payment for
assisting in the representation of a party, unless such payment is approved by order of the court.

B. Claims for compensation of private attorneys providing representation under the CJA shall be submitted on the appropriate CJA form, to the office of the Federal Public Defender. That office shall review the claim form for mathematical accuracy and for conformity with the CJA Guidelines and, if correct, shall forward the claim form for the consideration of the appropriate judge.

C. Except in cases involving mathematical or technical corrections, no claim for compensation submitted for services provided under the CJA shall be reduced without affording counsel the opportunity to be heard as provided below.

D. In any case where a judge has a question or concern with the amount of compensation claimed, the voucher shall be referred to the standing committee for review and recommendation before final action on the claim is taken. The judge may, at the time the voucher is submitted to the standing committee, provide the committee with a statement describing questions or concerns with the voucher. Counsel shall be given the opportunity to provide information or documentation relevant to the voucher and questions or concerns raised by the judge. The standing committee shall act in accordance with the procedures outlined in Appendix A and issue a written recommendation to the judge.

E. Notwithstanding the procedure described above, a judge, may in the first instance, contact appointed counsel to inquire regarding questions or concerns with a claim for compensation. In the event that the matter is resolved to the satisfaction of the judge and Panel member, the claim for compensation need not be referred to the standing committee for review and recommendation

X. Effective Date