1

IF-352

(Rev. 01/15)

ADMINISTRATIVE OFFICE OF THE

UNITED STATES COURTS

WASHINGTON, D.C. 20544 Date: 02/06/2019

GUIDE TO JUDICIARY POLICY

TRANSMITTAL 07-011 VOLUME/PART 7A CHAPTER(S) 2, 4, 6

TO: Judges, United States Courts of Appeals

Judges, United States District Courts

United States Magistrate Judges

Circuit Executives

Federal Public/Community Defenders

District Court Executives

Clerks, United States Courts of Appeals

Clerks, United States District Courts

Chief Probation Officers

Chief Pretrial Services Officers

Senior Staff Attorneys

Chief Circuit Mediators

Circuit Librarians

FROM: James C. Duff 

RE: DEFENDER SERVICES

This transmittal provides notice of changes to Guide to Judiciary Policy, Volume 7 (Defender Services), Part 

A (Guidelines for Administering the CJA and Related Statutes):

Chapter 2 – Appointment and Payment of Counsel

Appendix 2A – Model Plan for Implementation and Administration of the CJA

Chapter 4 – Defender Organizations

Chapter 6 – Federal Death Penalty and Capital Habeas Corpus Representations

The revision incorporates policies adopted by the Judicial Conference in September 2018 as recommended 

by the Ad Hoc Committee to Review the Criminal Justice Act Program (Cardone Committee). Chapter 2 

sets outs a standard for voucher review and changes to Appendix 2A related to training requirements for 

panel attorneys and the use of CJA supervisory attorneys. Chapter 4 requires federal defender 

organizations to be established in every district with 200 or more CJA appointments per year. Chapter 6 

adds a policy for establishing capital habeas units and accessing other resources in capital habeas cases.
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IF-352 

 (Rev. 01/15) 

Guide Transmittal 07-011 – Defender Services 

The significant changes are detailed in the Redline Comparison below. 

Questions regarding this transmittal may be directed to the AO Defender Services Offices, at 202-502-3030. 

REDLINE COMPARISON REFLECTING CHANGES

[Significant changes in Chapter 2 (Appointment and Payment of Counsel) follow:] 

§ 210 Representation under the Criminal Justice Act (CJA)

§ 210.10 District Plans 

[. . .] 

§ 210.10.15 Developing a CJA Plan

(a) All districts must develop, regularly review and update, and adhere to a CJA plan. See: 

§ 210.10.10(e), above. 

(b) A district’s CJA plan should reference the most recent model plan and best practices. 

(c) The plan should include: 

(1) Provision for appointing CJA panel attorneys to a sufficient number of cases per year 

so that these attorneys remain proficient in criminal defense work. 

(2) A training requirement to be appointed to and then remain on the panel. 

(3) A mentoring program to increase the pool of qualified candidates. 

See: JCUS-SEP 2018, p. 39-40 See also: Guide, Vol. 7A, Appx. 2A, §§ VIII.B.7; IX.B.2, IX.C; and XI.B.1-

5.

§ 210.10.25 Managing the Selection, Appointment, Retention, and Removal of Panel Attorneys 

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. 

§ 230 Compensation and Expenses of Appointed Counsel 

[. . .] 

§ 230.33 Review and Approval of CJA Vouchers

§ 230.33.10 Standard for Voucher Review 

Voucher cuts should be limited to:
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REDLINE COMPARISON REFLECTING CHANGES

§ 230.33.10 [cont’d] 

(1) Mathematical errors;

(2) Instances in which work billed was not compensable; 

(3) Instances in which work was not undertaken or completed; and 

(4) Instances in which the hours billed are clearly in excess of what was reasonably required to 

complete the task. 

See: JCUS-SEP 2018, p. 42. For guidance on problems related to CJA voucher cutting, see: 2017 Report 

of the Ad Hoc Committee to Review the Criminal Justice Act, pp. 96-103.

[Significant changes in Appendix 2A (Model Plan for Implementation and Administration of the CJA) follow:] 

VIII. CJA Panel of Private Attorneys 

A. Establishment of the CJA Panel Committee and/or CJA Supervisory Attorney

[. . .] 

Defender Services Committee Comment: The composition of the CJA Panel Committee can be adjusted 

to reflect the degree of judicial, federal defender, or panel attorney involvement that is desired by each 

district court. The committee must incorporate judicial input into panel administration. See: JCUS-SEP 

2018, p. 39. [. . .] 

[AND/OR 1. Every district should 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. See: JCUS-SEP 2018, p. 39.]

[. . .] 

B. Duties of the CJA Committee and/or CJA Supervisory Attorney

[. . .] 

IX. Establishment of a CJA Panel 

A. Approval of CJA Panel 

[. . .] 

2. The chair of the CJA Committee and/or CJA Supervisory Attorney will approve 

attorneys for membership on the CJA Panel after receiving recommendations from the 

CJA Committee. 

B. Size of CJA Panel 

1. The size of the CJA Panel will be determined by the CJA Committee and/or CJA 

Supervisory Attorney based on the caseload and activity of the panel members, 

subject to review by the court. 

[. . .] 

C. Qualifications and Membership on the CJA Panel 

[. . .] 
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REDLINE COMPARISON REFLECTING CHANGES

IX.C. [cont’d] 

3. Eligibility 

[. . .] 

e. Attorneys who do not possess the experience set forth above but believe they 

have equivalent other experience are encouraged to apply and set forth in 

writing the details of that experience for the CJA Committee’sCommittee 

and/or CJA Supervisory Attorney’s consideration. 

Defender Services Committee Comment: These general eligibility requirements may be supplemented or 

replaced by more detailed and specific standards, depending on the needs of the district. Specific eligibility 

requirements might include at least two (2) years in a public defender or prosecutor’s office, either state or 

federal; OR at least three (3) years in private practice during which time the attorney was involved in at least 

20 criminal cases in either state or federal court, five (5) of which were state or federal felony trials; OR an 

applicant should have tried at least two (2) federal felony cases from initial appearance or arraignment 

through sentencing and have other significant litigation experience as determined by the CJA Committee. 

and/or CJA Supervisory Attorney. A specific training eligibility requirement may be imposed prior to 

appointment to the panel. See: Guide, Vol. 7A, § 210.10.15(c)(2).

4. Appointment to CJA Panel 

After considering the recommendations of the CJA Committee and/or CJA 

Supervisory Attorney, the chief judge will appoint or reappoint attorneys to the CJA 

Panel. [. . .] 

[. . .] 

6. Reappointment of CJA Panel Members 

[. . .] 

c. The CJA Committee and/or CJA Supervisory Attorney will solicit input 

concerning the quality of representation provided by lawyers seeking 

reappointment. 

d. The CJA Committee and/or CJA Supervisory Attorney also will consider how 

many cases the CJA panel member has accepted and declined during the 

review period, whether the member has participated in training opportunities, 

whether the member has been the subject of any complaints, and whether the 

member continues to meet the prerequisites and obligations of CJA panel 

members as set forth in this Plan. 

7. Removal from the CJA Panel 

[. . .] 

b. Automatic disciplinary review 

The CJA Committee and/or CJA Supervisory Attorney will conduct an 

automatic disciplinary review of any CJA panel member against whom any 

licensing authority, grievance committee, or administrative body has taken 

action, or when a finding of probable cause, contempt, sanction, or reprimand 

has been issued against the panel member by any state or federal court. 
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REDLINE COMPARISON REFLECTING CHANGES

IX.C.7. [cont’d] 

c. Complaints 

(i) Initiation 

A complaint against a panel member may be initiated by the CJA 

Committee and/or CJA Supervisory Attorney, a judge, another panel 

member, a defendant, or a member of the [federal public 

defender/community defender] office. [. . .] Any complaint should be 

directed to the CJA Committee and/or CJA Supervisory Attorney, which 

will determine whether further investigation is necessary. 

(ii) Notice 

When conducting an investigation, the CJA Committee and/or CJA 

Supervisory Attorney will notify the panel member of the specific 

allegations. 

(iii) Response 

A panel member subject to investigation may respond in writing and 

appear, if so directed, before the CJA Committee and/or CJA 

Supervisory Attorney or its subcommittee. 

(iv) Protective action 

Prior to disposition of any complaint, the CJA Committee and/or CJA 

Supervisory Attorney may recommend temporary suspension or 

removal of the panel member from any pending case, or from the 

panel, and may take any other protective action that is in the best 

interest of the client or the administration of this Plan. 

(v) Review and recommendation 

After investigation, the CJA Committee and/or CJA Supervisory 

Attorney may recommend dismissing the complaint, or recommend 

appropriate remedial action, including removing the attorney from the 

panel, limiting the attorney’s participation to particular types or 

categories of cases, directing the attorney to complete specific CLE 

requirements before receiving further panel appointments, limiting the 

attorney’s participation to handling cases that are directly supervised or 

overseen by another panel member or other experienced practitioner, 

or any other appropriate remedial action. 

(vi) Final disposition by the court 

The CJA Committee and/or CJA Supervisory Attorney will forward its 

recommendation to the chief judge for consideration and final 

disposition. 

[. . .] 
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REDLINE COMPARISON REFLECTING CHANGES

XI. Duties of CJA Panel Members 

A. Standards and Professional Conduct 

[. . .] 

3. CJA panel members must notify within 30 days the chair of the CJA Committee and/or 

CJA Supervisory Attorney when any licensing authority, grievance committee, or 

administrative body has taken action against them, or when a finding of contempt, 

sanction, or reprimand has been issued against the panel member by any state of 

federal court. 

[. . .] 

XII. Compensation of CJA Panel Attorneys 

A. Policy of the Court Regarding Compensation 

[. . .] 

2. Voucher cuts should be limited to: 

a. Mathematical errors; 

b. Instances in which work billed was not compensable; 

c. Instances in which work was not undertaken or completed; and 

d. Instances in which the hours billed are clearly in excess of what was 

reasonably required to complete the task. 

See: JCUS-SEP 2018, p. 42. 

B. Payment Procedures 

[. . .] 

6. The court, when contemplating reduction of a CJA voucher for other than 

mathematical reasons, may refer the voucher to the CJA Committee and/or CJA 

Supervisory Attorney for review and recommendation before final action on the claim 

is taken. See: Section VIII of this Plan. 

7. Notwithstanding the procedure described above, the court 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 court 

and CJA panel member, the claim for compensation need not be referred to the CJA 

Committee and/or CJA Supervisory Attorney for review and recommendation. 

[. . .] 

[Significant changes in Chapter 4 (Defender Organizations) follow:] 

§ 410 Overview 

[. . .] 

§ 410.20 Judicial Conference Policy 

§ 410.20.10 Recommended Amendments to the Criminal Justice Act 

[. . .] 
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REDLINE COMPARISON REFLECTING CHANGES

§ 410.20.20 Establishment of Federal Defender Organizations

(a) A federal public or community defender organization should be established in every district 

that has 200 or more appointments each year. 

(b) If a district does not have a sufficient number of cases, then a defender organization adjacent 

to the district should be considered for co-designation to provide representation in that 

district. 

See: JCUS-SEP 2018, p. 39.

[Significant changes in Chapter 6 (Federal Death Penalty and Capital Habeas Corpus Representations) 

follow:] 

§ 655 Establishment of Capital Habeas Units & Other Resources 

Circuit courts should encourage the establishment of capital habeas units in federal defender organizations 

where they do not already exist and make resource counsel and other resources, as well as training 

opportunities, more widely available to attorneys appointed in capital habeas cases. 

See: JCUS-SEP 2018, p. 40.