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UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON CRIMINAL JUSTICE ACT PLAN
APPENDIX A
I. CREATION AND MAINTENANCE OF THE REGULAR CJA PANEL
A. The standing committee shall solicit applications for the CJA Panel from
interested members of the bar of the Western District of Washington
including attorneys who have in the past participated in providing
representation under the CJA. The standing committee shall promote
participation on the Panel in a manner which facilitates and encourages
diversity and geographic balance.
B. The standing committee shall compile and review all applications, and
prepare lists of applicants who possess the qualifications required for
inclusion on a panel. A separate list will be maintained for the United
States District Court in Tacoma and will include the names of attorneys from
those counties listed in Local Rule CR5(e). That list shall be designated
the Tacoma Panel. Another list will be maintained for the United States
District Court in Seattle and will include the names of attorneys from the
counties served by the District Court in Seattle. That list shall be
designated the Seattle Panel. The standing committee shall also compile
lists for the appellate panel, capital case panel, and the emeritus panel.
C. The standing committee shall solicit comment from the court concerning
the individuals included on the compiled lists. After receiving that comment
and such further comment as the committee deems necessary, and after further
discussion, the committee shall make recommendations, by majority vote, to
the court, concerning which prospective Panel members should be included on
the final Panels. Final decisions regarding membership on or removal from
the Panel will be made by a majority of the active judges of the district.
The Tacoma Panel shall consist of not less than ten members. The Seattle
Panel shall consist of not less than fifty members. The emeritus, appellate
and capital case panels will have no size restriction.
D. The standing committee shall monitor the operation of the Panel to
determine whether it meets the needs of current case load requirements.
Applications for inclusion on the Panel shall be collected by the Federal
Public Defender and referred to the standing committee for periodic review.
E. The standing committee shall periodically submit to the court names of
attorneys recommended for inclusion on the Panel, consistent with the
procedure outlined in paragraph C of this section.
F. Every three years, the committee shall poll attorneys on both the Seattle
and Tacoma Panels to determine whether any individuals wish to voluntarily
terminate service on the Panel. The vacancies shall be filled in the
aforementioned manner.
II. TRAINING REQUIREMENTS
The standing committee shall, in conjunction with the Federal Public
Defender, develop a regular program for providing training for members of
the CJA Panels. The standing committee may establish training requirements
and monitor compliance of Panel members.
III. VOUCHER REVIEW
Every Panel attorney has a right to request the standing committee to
review and make recommendations when a judge has indicated a concern with a
claim for compensation or for services provided pursuant to 18 U.S.C. §
3006A(e). The standing committee shall meet as soon as practical to review
the questioned claim and, in no event, not more than fifteen days after
receipt of the request. The standing committee shall consider the record and
the comments submitted by the court and counsel in makings its
recommendation. The standing committee shall submit its recommendation to
the court and counsel within thirty days of the request for review. In
making its recommendation the committee shall consider definitions or
standards describing "extended or complex" cases as published by the
Judicial Conference of the United States. In addition, the committee shall
consider, among other factors, the following:
1. Whether the case goes to trial or ends with a guilty plea.
2. The number of defendants in the case.
3. Unusual characteristics of the defendant (unable to speak English, mental
health issues, particularly uncooperative).
4. Location of the defendant (e.g., amount of travel required for counsel to
meet with the defendant) and whether the defendant is in custody.
5. Type and number of crimes charged.
6. Complexity or novelty of legal issues (requiring unusually great amount
of legal research).
7. Number of witnesses presented by all parties at the trial or hearing.
8. Amount of pretrial discovery and investigation required, number of
documents, open or closed file case.
9. Number of motions in the case; number and length of hearings on motions
and other hearings; nature of hearings (evidentiary or mere argument).
10. Amount of trial preparation required.
11. Length of trial.
12. Length and complexity of sentencing hearing and severity of potential
sentence.
Following receipt of the standing committee's report and recommendation, the
judge may request additional information from counsel. The judge shall take
final action on the claim for compensation within fifteen days following
receipt of the standing committee's report and recommendation.
IV. COST CONTAINMENT MEASURES
The standing committee shall explore and develop cost containment
measures for representation under the CJA. The standing committee shall
specifically explore and discuss the following possibilities:
1. Use of a pool of experts and investigators who have agreed, in
nonspecialized cases, to provide their services at a discounted or most
reasonable cost.
2. Use of a brief bank developed by the Federal Public Defender and made
available to Panel attorneys with a topics index for the brief bank being
made available to all Panel lawyers.
3. Use of the internet and web sites to facilitate information sharing and
training.
4. Identification of paralegals and document technicians to provide
assistance in summarizing transcripts and organizing documents in complex
litigation cases in a cost efficient manner.
5. Providing assistance to Panel lawyers in identifying "government rates"
for transportation and travel related expenses for attorneys, witnesses and
experts through the Panel administration team in the Federal Public
Defender’s office.
6. Establish a relationship with the United States Attorney's Office to
discuss and develop cost efficiencies associated with bail requests,
discovery disputes, management of complex cases or other matters that draw
on the resources of the CJA.
7. Creation of relationships with the United States Marshal, Pretrial
Services and the Probation Office to develop cost containment measures with
those agencies.
V. YEAR-END REPORT
The standing committee shall prepare a brief year-end report to be
provided to the Chief Judge of the Western District of Washington describing
the fiscal year operation of the Panels. The Federal Public Defender shall
provide relevant statistical information to the standing committee for
inclusion in its yearly report of operations. The report of operations shall
cover the fiscal year and be submitted not later than December 31st.
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