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High Interest Items in the Northern District of Texas! The Cardone Report, the availability of expert and investigative funding, the new CJA Plan, CJA Committee, and other useful stuff.

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  1. High Interest Items in the Northern District of Texas! The Cardone Report, the availability of expert and investigative funding, the new CJA Plan, CJA Committee, and other useful stuff Camille M. Knight Jason D. HawkinsOf Counsel to Burleson, Pate and Gibson Federal Public Defender 900 Jackson Street, Suite 330 525 S. Griffin Street, Suite 629Dallas, Texas 75202 Dallas, Texas 75202(214) 871-4900 (214) 767-2746Cknight@bp-g.comJason_Hawkins@fd.org

  2. http://cjastudy.fd.org/ Read the Executive Summary

  3. “Voucher cuts should be limited to mathematical errors, instances in which work billed was not compensable, was not undertaken or completed, and instances in which the hours billed are clearly in excess of what was reasonably required to complete the task.” See Guide to Judiciary Policy, Vol 7A, § 230.33.10, and Cardone Committee Report, IR #8. Voucher Review Standard

  4. Voucher Reduction StatisticsNon-capital, District Court, Based on Vouchers Paid FY 17 & FY 18 Source: CJA eVoucher data feed Interim vouchers reduced excluded

  5. Voucher Reduction StatisticsNon-capital, District Court, Based on Vouchers Paid FY 17 & FY 18 Source: CJA eVoucher data feed Interim vouchers reduced excluded

  6. Voucher Reduction StatisticsNon-capital, District Court, Based on Vouchers Paid FY 17 & FY 18 Source: CJA eVoucher data feed Interim vouchers reduced excluded

  7. Case Compensation Maximums • $11,500 for felonies • $8,200 for felony appeals • $3,300 for misdemeanors • $11,50000 for non-capital post-conviction proceedings • $2,500 for probation violations, supervised release hearings, mental condition hearings, civil or criminal contempt, and international extradition.

  8. Waiving Case Compensation Maximums Payments in excess of CJA compensation maximums may be made to provide fair compensation in cases involving extended or complex representation when so certified by the court or U.S. magistrate judge and approved by the chief judge of the circuit (or a judge to whom the authority has been delegated)

  9. Use of Experts, Investigators and Other Service Providers DSO should provide training for judges and CJA panel attorneys concerning the need for experts, investigators and other service providers. Cardone Committee Report, IR #20

  10. Panel Attorney Use of Experts, Investigators and Other Service ProvidersData source: FY14 – CJA data from CJA6x data feed; FY 17, F& 18 – CJA data from eVoucher data feed

  11. Even in you are retained, you may get expertand investigative services through the CJA Guide to Judiciary Policy, Vol. 7A, Ch. 3, § 310.10.10 • Investigative, expert, or other services necessary to adequate representation, as authorized by subsection (e) of the Criminal Justice Act (CJA) (18 U.S.C. § 3006A), are available to persons who are eligible under the CJA, including persons who have retained counsel but who are found by the court to be financially unable to obtain the necessary services. • In responding to requests for services under 18 U.S.C. § 3006A(e) by a person represented by retained counsel, the court should inquire into the fee arrangement between the retained attorney and the client. • If the court finds the fee arrangement unreasonable in relation to fees customarily paid to qualified practitioners in the community for services in criminal matters of similar duration and complexity, or that it was made with a gross disregard of the defendant’s trial expenses, the court may order the retained attorney to pay out of such fees all or such part of the costs and expenses as the court may direct.

  12. Compensation Maximums Compensation for investigative, expert, and other services is limited to the amounts in this table for CJA-compensable work performed on or after February 15, 2019.

  13. Getting Authorization for Services • Under the Criminal Justice Act, 18 U.S.C. § 3006A(e)(1), an indigent defendant may request approval by ex-parte application for expert services when such services are necessary. • The Court will expect your application to justify your need for services. • The application must have sufficient information in it (who, what, why and how much) • Though sealed, the application will be part of the record

  14. § 310.40 Claims for ServicesOther than Counsel All claims for services other than counsel, under 18 U.S.C. § 3006A(e), should include the following: (a) a statement as to the type of, dates of, and time expended for, the services provided; (b) an explanation of the fee arrangement (e.g., hourly rate, etc.); (c) an itemized statement of all expenses for which reimbursement is claimed; and (d) supporting documentation, where practicable, for all expenses of lodgings and subsistence, and for any expenses in excess of $50.

  15. § 320 Authorization of Investigative, Expert, and Other Services § 320.10 Investigators • When necessary to an adequate representation as described above, the court may authorize, under 18 U.S.C. § 3006A(e), the services of an investigator. § 320.15 Interpreters § 320.15.10 Terms of Compensation (a) Interpreting services provided under the CJA may be compensated: • according to the terms and conditions set forth in the court interpreter services contract; • on an hourly rate basis; or • on another appropriate basis.

  16. § 320.70.10 Other Services In addition to investigators, psychiatrists, psychologists, and interpreters, services other than counsel may include, but are not necessarily limited to: • computer systems and automation litigation support personnel and experts; • paralegals and legal assistants, including law students; • neurologists and other medical experts; and • laboratory experts in such areas as ballistics, fingerprinting, and handwriting • [Think sentencing experts!]

  17. § 320.70.40 Computer Hardware, Software, or Litigation Support Services (1) Providing an adequate defense may require CJA panel attorneys to utilize computer hardware, software, or litigation support services not typically available in a law office. In such cases, following the standards in § 320.70.30, counsel may apply to the court for authorization of CJA funds for the acquisition of such property or services. (2) Before seeking court approval for any computer hardware or software with a cost exceeding the limitations in § 310.20.30(a), or for the utilization of computer systems, litigation support products, services, personnel, or experts with an expected combined cost exceeding $10,000, appointed counsel must consult the National Litigation Support Team in the AO’s Defender Services Office (phone number: 510-637-3500) for guidance. Counsel must inform the court in writing of the Defender Services Office’s advice and recommendation regarding counsel’s proposed expenditure.

  18. Standards of Practice and Training DSO should regularly update and disseminate best practices. Cardone Committee Report, IR #17.

  19. Number of your panel members with fd.org log-in credentials 40

  20. CJA Panel Size The CJA panel must be large enough to provide a sufficient number of experienced attorneys to handle the CJA caseload, yet small enough to ensure panel members receive a sufficient number of appointments to maintain their proficiency in federal criminal defense work. See Guide to Judiciary Policy, Vol 7A, Appx. 2A, § IX.B.2, and Cardone Committee Report, IR #19.

  21. Duties of the CJA Committee • Review the operation and administration of each CJA Panel over the proceeding year, and recommend any necessary or appropriate changes to the chief judge concerning: • The size of the CJA Panel; • The recruitment of qualified and diverse attorneys as set forth in the plan; and • Recurring issues or difficulties encountered by CJA Panel members or their CJA clients.

  22. District Court Panel Attorney Appointment Distribution Source: CJA eVoucher data feed FY 17 & FY 18 All records for “other” appointment category excluded

  23. District Court Panel Attorney Appointment Distribution Source: CJA eVoucher data feed FY 17 & FY 18 All records for “other” appointment category excluded

  24. The Committee Needs Data To perform its function, the CJA Committee needs to know: • Are we a diverse panel? • What kind of recurring issues or difficulties do we have? • Do panel members feel that they have sufficient support and qualifications to take on, for instance; cases with potential life sentences, cases involving large collateral money judgments, cases involving unusual guideline calculations, or complex cases? • What is the right size for our panel? So we are going to send out a survey at some point soon. Please respond to the survey.

  25. QUESTIONS? • Courthouse staff/help with eVoucher? • eVoucher? • Audits? • Resources (fd.org)? • Expert services?

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