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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.