Recent publicity has highlighted the Justice Department’s early release of some inmates from federal custody. More attorneys may be interested in defending criminal cases, and many people prosecuted in federal court qualify for appointed counsel through the Criminal Justice Act (CJA).

Pursuant to the CJA, attorneys with the requisite experience can apply for appointment to the CJA Panel, and upon approval, panel members may accept paid court appointments to defend those financially unable to obtain representation.

Upon review of the Panel Application, applicants will quickly learn that a high level of experience is required for Panel membership; however, even attorneys with little experience practicing criminal law can apply for membership on the CJA Training Panel.

The CJA Training Panel consists of attorneys who do not have the experience required for membership on the CJA Panel. According Susan M. Otto, Federal Public Defender in the Western District of Oklahoma, approved Training Panel members who express an interest and the ability to devote their time would be assigned to assist members of the CJA Panel as “second chair” on a given defense case. Working with the lead attorney, the trainee would learn first-hand how to handle a defense case in federal court from pre-trial litigation, including discovery and motion practice, through trial and appeal.

After successfully serving on the Training Panel, an attorney may then be eligible for appointment to the CJA Panel. In some instances, trainees have assisted with as many as two (2) federal defense cases before being appointed to the CJA Panel, taking as long as one (1) to one and half (1 ½) years.

There are separate Training Panels for non-capital and capital cases, the latter requiring a higher level of experience prior to appointment to the Special Death Penalty Habeas Corpus Panel. In order for a trainee to gain appointment to this Panel, she may need to first complete the Training Panel for non-capital cases, be appointed to the CJA Panel, and then complete the Training Panel for capital cases.

Training Panel members are not eligible to receive compensation; however, upon successful completion and appointment to the CJA Panel, approved attorneys may be compensated at rate of $127.00 per hour with a cap of $9,900.00 for non-capital felony cases. The rate for attorneys handling capital cases is $181.00 per hour without a cap, but a budget must be submitted and approved by a magistrate.

Attorneys interested in applying for the Training Panel should complete the Non-Capital Habeas Corpus Criminal Justice Act Panel Application and write in “Training Panel Application.” Applications can be downloaded from the website of the U.S. District Court for the Western District of Oklahoma, and should be submitted to the Federal Public Defender’s office.

For more information about the CJA Panel and the Training Program, please see the website of the Western District of Oklahoma, including FAQ’s listed, General Order 09-03, and the Guide to Judiciary Policy, Volume 7: Defender Services, Part A: Guidelines for Administering the CJA and Related Statutes.

By Austin Reams

REAMS LAW FIRM