In its discretion, however, the court consults with a volunteer panel of six defense attorneys before making a decision on removal. Case Assignments Magistrate Judge Crocker is responsible for assigning attorneys to indigent defendants. Judge Crocker's judicial law clerk, Kelly O'Driscoll, actually makes the assignments. The court, with input from a volunteer committee of six defense attorneys, assigns each CJA panel attorney to one of three lists based on the attorney's experience and demonstrated skill. Newer attorneys are eligible for assignment to misdemeanors, petty offenses, and revocation proceedings.
More experienced attorneys are eligible for assignment to felony cases.
Some cases, due to their complexity or the severe penalties associated with conviction, are reserved for the most experienced attorneys. Assignments are made randomly within a category, with the court going down its list of attorneys in order until a match is made. There is no obligation to accept a case assignment offered by the court. A necessary step for an attorney to obtain certification and approval for excess compensation is for the attorney to submit a letter or memorandum explaining why the case was sufficiently extended or complex to justify payment above the statutory limit. The mileage rate is 34.5 cents per mile.