THE 1st U.S. Circuit Court of Appeals has approved several policy changes aimed at enhancing representation under the Criminal Justice Act.

The changes are intended to improve training opportunities for private attorneys representing indigent federal criminal defendants on appeal under the CJA; expand the number of qualified lawyers on the court’s CJA panel; and streamline the compensation process.

The policy revisions are the result of a five-month court-initiated review of the system of providing and compensating appellate counsel for the indigent under the Criminal Justice Act of 1964. That legislation permits the court to appoint a private attorney to represent a financially eligible criminal defendant at a reduced fee. The Court of Appeals maintains a panel of attorneys willing to accept CJA appellate appointments.

The court has approved the following measures, with the goal of promoting a "broad-based panel of able attorneys dedicated to effective representation," according to 1st Circuit Executive Gary Wente.

• Court sponsorship of an ongoing one-day training program on the "nuts and bolts" of doing a federal criminal appeal, to be offered in three locations convenient for practitioners in Maine/New Hampshire, Massachusetts/Rhode Island, and Puerto Rico;
• Wide distribution of a revised application form that elicits more detailed background information from prospective CJA appellate panel attorneys;
• Establishment of an advisory committee to review completed forms and make recommendations to the court, both as to a reconstituted panel to be put in place by the all and on an annual basis thereafter;
• Appointment of panel members to three-year staggered terms, with the expectation that attorneys typically will be reappointed so as to maintain a pool of experienced CJA appellate lawyers; and
• Implementation of a centralized voucher-review system to expedite and improve the compensation process.

"It is anticipated that the primary effect of these new measures, some of which have already been put in place, will be to attract new talent to the CJA panel rather than replace people already serving on the panel, Wente said. "We are grateful to the members of the Bar who worked so closely with the court to develop these important forms."

For additional information on the policy changes, please contact Wente at (617) 748-9613.

Home | About the Bar | For Members | For the Public | Legal Links | Publications | Online Store
Lawyer Referral Service | Law-Related Education | NHBA•CLE | NHBA Insurance Agency | NHMCLE
Search | Calendar

New Hampshire Bar Association
2 Pillsbury Street, Suite 300, Concord NH 03301
phone: (603) 224-6942 fax: (603) 224-2910
email: NHBAinfo@nhbar.org
© NH Bar Association Disclaimer