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Criminal Justice Act Plan - Alabama
| Criminal Justice Act Plan Form. This is a Alabama form and can be used in Southern District District Court Federal . |
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA CRIMINAL JUSTICE ACT PLAN I. AUTHORITY Pursuant to the Criminal Justice Act (CJA) of 1964, as amended, 18 U.S.C. 3006A, and the Guidelines for the Administrationof the Criminal Justice Act , Volume VII,Guide to Judiciary Policies and Procedure s (CJA Guidelines), the judges of the United States District Courtfor the Southern District of Alabama , adopt this Plan for furnishing representation in federal court for any person financially unable to obtain adequate representation in accordance with the CJA. II. STATEMENT OF POLICY A. Objectives. 1. The objective of this Plan is to attain the ideal of equality before the law for all persons. Therefore, this Plan shall be administered so that those accused of crime, or otherwise eligible for services pursuant to the CJA, will not be deprived, because they are financially unable to pay for adequate representation, of any element of representation necessary to an adequate defense. 2. The further objective of this Plan is to particularize the requirements of the CJA, the Anti-Drug Abuse Act of 1988 (21 U.S.C. 848(q)), and the CJA Guidelines in a way that meets the needs of this District. B. Compliance. 1. The Court, its Clerk, the Community Defender Organization (CDO), and private attorneys appointed under the CJA shall comply with the CJA Guidelines approved by the Judicial Conference of the United States and/or its Committee on Defender Services and with this Plan. 2. Each private attorney shall be provided by the Clerk of Court with a current copy of this Plan upon the attorneys first appointment under the CJA or designation as a member of the Panel of Private Attorneysunder the Criminal Justice Act (CJA Panel). The Clerk shall maintain a current copy f othe CJA Guidelines for the use of members of the CJA Panel and shall make known to such attorneys its availability. <<<<<<<<<********>>>>>>>>>>>>> 2III. DEFINITIONS . A. Representation includes counsel and investigative, expert, and other services. B. Appointed attorney includes private attorneys, the federal defender and staff attorneys of the Community Defender Organization. IV. PROVISION OF REPRESENTATION . A. Circumstance. 1. Mandatory. Representation shall be provided for any financially eligible person who: a. is charged with a felony or with a Class A misdemeanor; b. is a juvenilealleged to have committed an act of juvenile delinquency as defined in 1 8 U.S.C. 5031; c. is charged with a violation of probation, or faces a change of a term or condition of probation (unless the modification sought is favorable to the probationer and the government has not objected to the proposed change); d. is under arrest, when such representation is required by law; e. is entitled to appointment of counsel in parole proceedings; f. is charged with a violation of supervised release or faces modification, reduction, or enlargement of a condition, or extension or revocation of a term of supervised release; g. is subject to a mental condition hearing under chapter 313 of title 18, United States Code; h. is in custody as a material witness; i. is seeking to set aside or vacate a death sentence under 28 U.S.C. 2254 or 2255; j. is entitled to appointment of counsel in verification of consent proceedings pursuant to a transfer of an offender to or from the United States for the execution of a penal sentence under 18 U.S.C. 4109; k. is entitled to appointment of counsel under the Sixth Amendment to the Constitution; or 1. faces loss of liberty in a case and federal law requires the appointment of counsel. 2. Discretionary. Whenever a judge or magistrate judge determines that the interests of justice so require, representation may be provided for any financially eligible person who: a. is charged with a petty offense (Class B or C misdemeanor, or an infraction) for which a sentence to confinement is authorized; b. is seeking relief, other than to set aside or vacate a death sentence under 28 U.S.C. 2241, 2254, or 2255; c. is charged with civil or criminal contempt who faces loss of liberty; d. has been called as a witness before a grand jury, a court, the Congress, or a federal <<<<<<<<<********>>>>>>>>>>>>> 3 agency or commission which has the power to compel testimony, and there is reason to believe, either prior to or during testimony, that the witness could be subject to a criminal, prosecution, a civil or criminal contempt proceeding, or face loss of liberty; e. is proposed by the United States attorney for processing under a pretrial diversion program; f. is held for international extradition under chapter 209 of title 18, United States Code. Representation may also be furnished for financially eligible persons in ancillary matters appropriate to the proceedings pursuant to subsection (c) of the CJA. B. When Counsel Shall Be Provided. Counsel shall be provided to eligible persons as soon as feasible afterthey are taken into custody ,when they appear before a magistrate judge or judge, when they are formally charged or notified of charges if formal charges are sealed, or when a magistrate judge or judge otherwise considers appointment of counsel appropriate under the CJA, whichever occurs earliest. C. Number and Qualification of Counsel. 1. Number. More than one attorney may be appointed in any case determined by the court to be extremely difficult. In a capital case, at least two attorneys should be appointed. 2. Qualifications. Except as provided by 21 U.S.C. S 848(q)(7), at least one attorney appointed in a capital case shall meet the qualification requirements set forth in 21 U.S.C. 848(q)(5) and (6). Pursuant to S 848(q) (7), the presiding judicial officer, for good cause, may appoint an attorney who may not qualify under SS 848(q)(5) and (6), but who has the background, knowledge, and experience necessary to represent the defendant properly in a capital case, giving due consideration to the seriousness of the possible penalty and to the unique and complex nature of the litigation. D. Eligibility for Representation. 1. Factfinding. The determination of eligibility for representation under the CJA is a judicial function to be performed by a judge or magistrate judge after making appropriate inquiries concerning the persons financial condition. 2. Disclosure of Change in Eligibility. If, at any time after appointment, counsel obtains information that a client is financially able to make payment, in whole or in part, for legal or o
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