,i #aadth ,,congress #b;d ,session ,h4 ,r4 #eddi ,,in ,,the ,,house ,,of ,,representatives ,june #aj1 #bjaf ,mr4 ,deutch 7for himself and ,mr4 ,kennedy7 introduced the following bill2 which was referred to the ,committee on the ,judiciary ,a ,,bill ,to amend title #ah1 ,united ,states ,code1 to create a commission to provide adequate representation to defendants in ,federal criminal cases1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,independent and ,effective ,federal ,defenders ,act of #bjaf4 #b4 ,revision of system to ensure adequate representation of ,federal defendants ,section #cjjf;,a of title #ah1 ,united ,states ,code1 is amended to read as follows3 #cjjf;,a4 ,adequate representation of defendants 7a7 ,federal ,defender ,commission 7#a7 ,in general ,there is established1 as an independent agency within the executive branch1 the ,federal ,defender ,commission 7hereinafter in this section referred to as the ,commission74 7#b7 ,composition and appointment by ,president ,the ,commission shall consist of #ab members1 appointed by the ,president4 7#c7 ,director ,the ,president shall appoint a ,director to serve on the ,commission4 ,the ,director shall have all of the qualifications described in paragraph 7#e7 and none of the disqualifications described in paragraph 7#f74 ,the term of the ,director shall be #f years1 but a ,director may serve after the expiration of that term until a successor takes office4 7#d7 ,considerations in appointment ,in appointing members of the ,commission1 the ,president shall ensure that-- 7,a7 each of the #ab members of the ,commission has primary experience in criminal defense in a circuit in which no other member of the ,commission has such experience at the time of the appointment2 and 7,b7 at least a majority of the members of the ,commission are individuals who are former ,federal defenders4 7#e7 ,qualifications of members ,to be a member of the ,commission1 an individual must-- 7,a7 be a member of the bar of the highest court of a ,state2 and 7,b7 have significant experience in the legal defense of criminal cases or demonstrated a commitment to indigent defense representation or juvenile defense representation4 7#f7 ,disqualifications of members ,an individual shall not serve on the ,commission who is-- 7,a7 employed as a ,federal defender2 7,b7 employed as a prosecutor or law enforcement official2 or 7,c7 serving as an active judicial officer of the ,united ,states4 7#g7 ,term 7,a7 ,except as otherwise provided in this paragraph1 the term of a member of the ,commission shall be #f years4 7,b7 ,a member may serve after the expiration of that member's term until a successor takes office4 7,c7 ,of the #ab members first appointed to the ,commission1 #f shall be initially appointed for #b-year terms1 so that the terms of members of the commission are staggered4 7#h7 ,duties of ,commission ,the ,commission shall-- 7,a7 consult with each ,united ,states district court on a plan operating throughout the district for furnishing representation to any person financially unable to obtain representation2 7,b7 appoint1 taking into consideration the recommendations of the relevant bar or bars of the ,state1 law schools in the ,state1 and other organizations and individuals1 a ,federal ,public ,defender1 having the same qualifications for service as this subsection requires for a member of the ,commission and not having any of the disqualifications described in this subsection1 other than that described in paragraph 7#f77;,a71 for such service1 for each district to carry out the plan for that district2 and 7,c7 develop for ,federal ,public ,defender offices-- 7i7 national guidelines on quality of representation2 7ii7 program evaluation systems2 7iii7 attorney and staff evaluation systems to ensure effective management and representation2 7iv7 training1 publications1 and seminars2 7v7 specialty resource centers2 7vi7 research and development pilot projects2 7vii7 statistical studies2 and 7viii7 committees1 projects1 or working groups4 7#i7 ,plan may combine districts ,the plan may include a combination of districts if such a combined office would be cost effective1 based on the number of appointments each year1 and where the interests of justice of effective representation require the establishment of such an office4 ,the ,commission shall determine the need for a ,federal ,public ,defender office and geographic boundaries it serves4 ,however1 the ,commission shall ensure that each ,federal judicial district has within it a ,federal ,public ,defender office providing representation4 7#aj7 ,staff ,the ,commission may appoint additional employees as it deems appropriate1 to assist the ,commission in carrying out its duties4 7#aa7 ,compensation of members and employees ,members of the ,commission and employees of the ,commission shall be compensated at rates determined by the ,commission1 but not in excess of the rate of level ,v of the ,executive ,schedule specified in section #ecaf of title #e4 7#ab7 ,professional responsibility ,the ,commission shall not-- 7,a7 interfere with any attorney providing representation under this section in carrying out such attorney's professional responsibilities to such attorney's client2 or 7,b7 abrogate as to attorneys in providing representation under this section the authority of a ,state or other jurisdiction to enforce standards of professional responsibility generally applicable to attorneys in such jurisdiction4 7b7 ,requirements for plan ,each plan for representation under this section shall include the following3 7#a7 ,representation provided in all cases ,representation shall be provided for any financially eligible person who-- 7,a7 is charged with a criminal offense2 7,b7 is a juvenile alleged to have committed an act of juvenile delinquency as defined in section #ejca2 7,c7 is charged with a violation of probation2 7,d7 is under arrest1 when such representation is required by law2 7,e7 is charged with a violation of supervised release or faces modification1 reduction1 or enlargement of a condition1 or extension or revocation of a term of supervised release2 7,f7 is subject to a mental condition hearing under chapter #cac2 7,g7 is in custody as a material witness2 7,h7 is entitled to appointment of counsel under the sixth amendment to the ,constitution2 7,i7 faces loss of liberty in a case1 and ,federal law requires the appointment of counsel2 7,j7 is entitled to the appointment of counsel under section #daji2 7,k7 is involved in a proceeding in which a criminal adjudication may result2 7,l7 is being considered for1 or seeks to obtain1 under subsection 7c77#a7 or 7c77#b7 of section #cehb1 a modification of a term of imprisonment2 or 7,m7 is involved in proceedings seeking clemency or a pardon4 7#b7 ,representation provided in some cases ,whenever the ,united ,states magistrate judge or the court determines that the interests of justice so require1 representation may be provided for any financially eligible person who seeks relief under section #bbda1 #bbed1 or #bbee of title #bh4 7#c7 ,appointment of private attorneys ,each ,district shall develop a panel of private attorneys4 ,a private attorney shall provide representation under this section when the nature of the case or ethical considerations so require4 ,cases shall be randomly assigned to private panel attorneys on a rotating basis4 ,the ,federal ,public ,defender in the district shall not be involved in the selection of private panel attorneys for individual cases4 ,the panel of private attorneys shall divide themselves into areas of criminal proceeding expertise4 7#d7 ,qualifications of private attorneys ,to be a private attorney on the panel1 an individual must have significant experience in the legal defense of criminal cases4 7#e7 ,ongoing training and certification of private attorneys ,each ,district shall develop and provide ongoing1 mandatory training programs for private attorneys on the panel4 ,all attorneys participating on a panel shall have their performance in representing defendants regularly peer reviewed by and certified by distinguished members of the local criminal defense community4 7#f7 ,use of private attorneys ,each plan shall provide that private attorneys be appointed to represent defendants in a substantial proportion of cases4 7#g7 ,use of other attorneys ,each plan may include1 in addition to the provisions for private attorneys1 for the use of attorneys furnished by a bar association or legal aid society4 7c7 ,budget analyst ,each ,district shall have a budget analyst4 ,the budget analyst shall be hired by the ,commission4 ,the budget analyst shall be operationally independent of the ,federal ,public ,defender and the judicial branch in such circuit4 ,the budget analyst shall have significant experience in criminal defense practice4 ,the budget analyst shall engage in timely1 objective1 and independent analysis of reimbursement for costs submitted by the private attorneys4 ,the budget analyst may mediate any claims for reimbursement payments submitted by private attorneys4 ,the budget analyst will oversee and approve the use of investigators and experts for cases4 7d7 ,federal ,public ,defender 7#a7 ,duties and powers ,the ,federal ,public ,defender in each district shall carry out the plan for representation in that district4 ,in order to do so1 the ,federal ,public ,defender may appoint such staff1 establish salaries for the staff1 and make such contracts as are necessary to carry out the functions of the office4 ,the salary structure in each office shall be commensurate with that provided for the lawyers and staff of the ,united ,states ,attorney for the relevant district4 7#b7 ,term ,the term of a ,federal ,public ,defender is #d years1 but a ,federal ,public ,defender may serve after the expiration of that term until a successor takes office4 ,the ,federal ,public ,defender may be appointed for more than one term4 7#c7 ,removal ,the ,commission may1 with the concurrence of three quarters of the members serving at the time of the removal1 remove a ,federal ,public ,defender for cause4 7#d7 ,vacancy ,the ,commission may fill a vacancy of the office of ,federal ,public ,defender for the remainder of the term1 in the same manner as the original appointment was made4 7e7 ,alternative means of representation in a district 7#a7 ,generally ,the ,commission may create a ,community ,defender ,organization to carry out the plan for representation in the ,district4 ,a ,community ,defender ,organization shall be a nonprofit defense counsel service established and administered by any group authorized by the plan to provide representation4 ,the organization shall be eligible to furnish attorneys and receive payments from the ,commission if its bylaws are set forth in the plan of the district or districts in which it will serve4 7#b7 ,annual report ,each organization shall submit to the ,commission an annual report setting forth its activities and financial position and the anticipated caseload and expenses for the next fiscal year4 7#c7 ,grants ,upon application an organization may1 to the extent approved by the ,commission-- 7,a7 receive an initial grant for expenses necessary to establish the organization2 and 7,b7 receive periodic sustaining grants to provide representation and other expenses pursuant to this section4 7f7 ,change of structure between that of ,federal ,public ,defender and that of ,community ,defender ,organization ,either a ,community ,defender ,organization or a ,federal ,public ,defender may apply to the ,commission to change its structure to that of the other4 ,the ,commission may allow that change if the ,commission determines such a change would better serve the purposes of this section4 7g7 ,duration and ,substitution of ,appointments ,a person for whom counsel is appointed shall be represented at every stage of the proceedings from before being interviewed by pretrial services or a probation officer through appeal1 including ancillary matters appropriate to the proceedings4 ,if at any time after the appointment of counsel the ,united ,states magistrate judge or the court finds that the person is financially able to obtain counsel or to make partial payment for the representation1 it may terminate the appointment of counsel or authorize payment as provided in subsection 7f71 as the interests of justice may dictate4 ,if at any stage of the proceedings1 including an appeal1 the ,united ,states magistrate judge or the court finds that the person is financially unable to pay counsel whom he had retained1 it may appoint counsel under this section1 as the interests of justice may dictate4 ,the ,united ,states magistrate judge or the court may1 in the interests of justice1 substitute one appointed counsel for another at any stage of the proceedings4 7h7 ,nonapplicability to local courts of the ,district of ,columbia ,this section does not apply to representation in the ,superior ,court of the ,district of ,columbia or the ,district of ,columbia ,court of ,appeals4 7i7 ,definitions ,in this section the following definitions apply3 7#a7 ,circuit ,the term circuit means one of the circuits for which there is a ,united ,states court of appeals4 7#b7 ,district court ,the term district court means each district court of the ,united ,states created by chapter #e of title #bh1 the ,district ,court of the ,virgin ,islands1 the ,district ,court for the ,northern ,mariana ,islands1 and the ,district ,court of ,guam4 7#c7 ,representation ,the term representation means representation by legal counsel and also includes investigative1 expert1 and other services necessary for adequate representation4 7#d7 ,state ,the term ,state includes any ,state or other similar entity in which a district court is established4 4 #c4 ,continuation of organizations established before enactment ,a ,federal ,defender organization established before enactment of this ,act shall continue in operation1 and the ,federal ,public ,defender then in office shall continue to serve the ,federal ,public ,defender's term in that capacity4 ,a ,community ,defender ,organization1 committee1 project1 or working group established before enactment of this ,act shall continue in operation4 #d4 ,general ,accountability ,office ,study ,not later than #d years after the date of the enactment of this ,act1 the ,comptroller ,general shall complete a study and report to ,congress on the provision and cost of ,federal ,defense services4