How to become a CJA attorney. Attorneys may seek appointment to the CJA Attorney Panel or to one of the Family Court Attorney Panels. The application process is administered by the Superior Court for the District of Columbia, and relevant information is available on the Court's website. Current applications can be obtained from the Court.
Applicants must meet the general qualifications of eligibility for CJA Panel Membership specified in General Order 2, Section VIII.C.3. All CJA Panel attorneys are expected to remain current with developments in federal criminal defense law, practice, and procedure, including electronic discovery techniques.
(c) The court will appoint a private attorney, who may be a member of the CJA panel and should have employment law experience. A federal defender should not be appointed. (d) The court should use the eVoucher system and Form CJA 20 (Appointment of and Authority to Pay Court-Appointed Counsel) for the appointment and pay counsel "to the extent provided by [the CJA]," …
For fee-exempt access, email pacer@psc.uscourts.gov and list the courts in which you serve as CJA counsel. PACER will respond to you with an email updating your PACER credentials to include access as CJA counsel and instructing you on how to use the updated credentials.
The court appoints counsel under the Criminal Justice Act, 18 U.S.C. § 3006A, for persons financially unable to obtain counsel to represent them on appeal of a criminal conviction or in another matter implicating the person's liberty. Upon a finding of financial eligibility, the court automatically appoints counsel in cases in which ...
Today, panel attorneys are paid an hourly rate of $148 in non-capital cases, and, in capital cases, a maximum hourly rate of $190. These rates are effective for work performed on or after February 15, 2019. The rates include both attorney compensation and office overhead.
Community defender organizations are non-profit defense counsel organizations incorporated under state laws. When designated in the CJA plan for the district in which they operate, community defender organizations receive initial and sustaining grants from the federal judiciary to fund their operations. Community defender organizations operate under the supervision of a board of directors and may be a branch or division of a parent non-profit legal services corporation that provides representation to the poor in state, county, and municipal courts.
Federal public defender organizations are federal entities, and their staffs are federal employees. The chief federal public defender is appointed to a four-year term by the court of appeals of the circuit in which the organization is located.
(a) The determination of eligibility for representation under the CJA is a judicial function to be performed by the court or U.S. magistrate judge after making appropriate inquiries concerning the person's financial condition.
Every district should form a committee or designate a CJA supervisory or administrative attorney or a defender office, to manage the selection, appointment, retention, and removal of panel attorneys from the district’s CJA panel. The process must incorporate judicial input into panel administration. See: JCUS-SEP 2018, p. 39. See also: Guide, Vol. 7A, Appx. 2A, § VIII.A.
Counsel furnishing representation under the plan shall be selected from a panel of attorneys designated or approved by the court, or from a bar association, legal aid agency, or defender organization furnishing representation pursuant to the plan.
The initial determination of eligibility should be made without regard to the financial ability of the person's family unless the family indicates willingness and financial ability to retain counsel promptly. At or following the appointment of counsel, the judicial officer may inquire into the financial situation of the person's spouse (or parents, if the person is a juvenile) and if such spouse or parents indicate their willingness to pay all or part of the costs of counsel, the judicial officer may direct deposit or reimbursement.
(a) Although not an appointment under the authority of the CJA, Congress has annually included statutory language in the appropriation for the federal judiciary's Defender Services account to authorize "the compensation of attorneys appointed to represent jurors in civil actions for the protection of their employment, as authorized by 28 U.S.C. § 1875 (d)#N#(link is external)#N#."
Local Rule 34 (a) lists the standards used by the Court in deciding if oral argument will be allowed in a case. If argument is to be heard, counsel are notified well in advance of the argument date and afforded an opportunity to provide the court with any conflict dates. Counsel must register in Room 222 at least a half hour before court starts. Counsel expecting to be assisted at argument by an eligible law student should ensure that the requirements of Local Rule 46 (a) are met in advance of the argument date.
Counsel must order the transcript from the court reporter within 14 days of filing the notice of appeal. A copy of the transcript order must be attached to the docketing statement filed with the court of appeals. Separate transcript orders must be completed for each court reporter.
The record on appeal consists of the papers and documentary exhibits filed in the district court, the transcript of proceedings, if any, and the docket entries certified by the clerk of the district court.
Counsel is obliged to keep the defendant informed of the progress of the appeal and the issues to be pursued , and it is the defendant's duty to cooperate with counsel. The determination of which issues the appeal record will support is within counsel's professional judgment.
Notice of intention to make redactions must be filed in the district court within 7 days of filing of the transcript, and the actual redactions must be filed in the district court within 21 days of filing of the transcript. Transcript Information Sheet. Transcript Guidelines. Transcript Order Form.
Any petition for panel or en banc rehearing must be filed in the clerk's office within 14 days of decision in a criminal case. The clerk’s office accepts pro se petitions for rehearing and/or rehearing en banc. These are typically filed in cases in which counsel considers that such a petition would be frivolous but the defendant wishes to pursue one or more grounds for rehearing. Counsel's duty is fully discharged without filing a petition for panel or en banc rehearing unless, in counsel's judgment, the case meets the rigorous requirements of Local Rule 40 (b) for panel rehearing or Fed. R. App. P. 35 (b) for en banc rehearing.
The clerk's office transmits a certiorari status form to counsel when judgment is entered in a criminal or CJA case. The notice advises counsel of the time period for filing a petition for writ of certiorari and notifies counsel of their obligations under the court’s CJA Plan, § 5, ¶ 2:
Attorneys may seek appointment to the CJA Attorney Panel or to one of the Family Court Attorney Panels. The application process is administered by the Superior Court for the District of Columbia, and relevant information is available on the Court's website.
The application process is administered by the Superior Court for the District of Columbia. Detailed guidelines, as well as the application itself and instructions for the required background check, are available at CJADC.ORG.
All new CJA Panel attorneys are required to attend an eight (8) hour training program administered by PDS.
The CJADC website is the portal through which CJA panel attorneys can sign up for case pick-up dates. The website is also been designed to connect attorneys with investigators and to provide a variety of other resources.
The website CJADC.ORG connects panel attorneys with panel investigators.
The website CJADC.ORG connects panel attorneys with panel investigators.
The CJADC.ORG website has a number of resources geared towards use by CJA practitioners, including sample motions, expert materials, financial forms, and other practice materials.
Interested counsel may contact CJA Panel Administrator Ruben Deang at (415) 436-7700. The application period is now open for the Northern District of California Criminal Justice Act panels: the Appellate Panel, the San Francisco and Oakland Trial Panel, and the San Jose Trial Panel.
Counsel are appointed to the CJA panel for a three year term, and can be reappointed for subsequent terms. To become a member of the panel, counsel must be qualified to practice in the district, and must submit an application for review by the CJA Committee.
The Criminal Justice Act Panel is a group of qualified and court-approved attorneys who are eligible for appointment by the Court to represent individuals in criminal cases who are unable for financial reasons to retain counsel. The appointments are made by the Court on a rotating basis among members of the panel.
At least five years criminal practice in state or federal court, or three years of experience as an Assistant United States Attorney or Assistant Federal Public Defender. In the case of the trial panels, five federal or state felony jury trials or any combination thereof.
For the San Jose venue, this includes the counties of Monterey, San Benito, Santa Clara, and Santa Cruz. For San Francisco/Oakland, this includes the counties of Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, and Sonoma.
Case appointment recommendations by the CJA Resource Counsel to the Court, are made on a rotational basis, as provided by the CJA Plan for the District of Kansas and the Guide to Judiciary Policy, Vol. 7A.The CJA Resource Counsel, or her staff, contacts the next attorney on the appropriate panel to determine whether they are available to accept the case. Exceptions to the rotational system include considerations such as an attorney’s expertise, the nature or complexity of a case, unusual needs of a client, and geographical considerations. If counsel is available, a proposed Order Appointing Counsel is transmitted to the Court for consideration, prior to the initial appearance of the defendant in court. The appointment is effective on the date defense counsel was contacted about the appointment.
There are separate CJA panels for Kansas City, Topeka, and Wichita, but attorneys may apply for, and serve on more than one panel. There are three panels in each location: the general panel (for attorneys willing to regularly accept appointments throughout the year); the emeritus panel (for attorneys interested in handling fewer CJA cases throughout the year--or who are interested in a special type of case); and the training panel (for attorneys who have less federal criminal defense experience). Each attorney serves for a term of three years and must reapply at the end of that term if they would like to continue to be on the panel. Panel terms begin on July 1.
The Kansas Federal Public Defender Office offers at least sixteen hours of free CLE credits each year for attorneys who are on the panel, or who are interested in applying to be on the panel. Panel attorneys must earn at least six hours of CLE credits from Federal Public Defender seminars (or comparable federal criminal defense seminars) each year. It is the responsibility of panel counsel to notify the CJA Administrator if they want to use the attendance at federal criminal defense seminars, other than those presented by the Kansas Federal Public Defender Office, to satisfy this CLE requirement.
Before any attorney is removed from a panel, prior to the expiration of the three-year term, notice of any specific allegations shall be provided to the attorney. The attorney may respond to any allegations in writing.
Witness fees, travel costs and expenses for service of subpoenas on fact witnesses are not payable out of CJA funds. They are governed by Fed.R.Crim.P. 17 and 28 U.S.C.§1825. These expenses are paid by the Department of Justice. Subpoenas are served by the United States Marshal Service. See the CJA section of the Kansas Federal Defender website for more details and sample pleadings.