Puerto Rico Association of Criminal Defense Lawyers

First Circuit Request for Comments on Reappointment of Joseph Laws, Federal Public Defender for the District of Puerto Rico

The Court of Appeals for the First Circuit has published a Request for Comments Relating to the Reappointment of Joseph C. Laws, Jr., Federal Public Defender for the District of Puerto Rico.

Joe is a Charter Member of PRACDL and was our first President. At that time Joe was in private practice, having already served his own stint at the Federal Public Defender's Office years back under the stewardship of the Grand Master - don Gerardo Ortíz del Rivero.

The relationship between the Federal Public Defender's Office for the District of Puerto Rico and PRACDL was built into our own by-laws, by assuring that the Federal Public Defender was a permanent Board member of PRACDL. Article III, Sec. B of PRACDL's By-Laws establishes that:

The Board shall consist of nine (9) directors. One of the directors shall be the Federal Public Defender or a designee, provided that this person fulfills the requirements set forth in section D(6) of Article II of these by-laws. The remaining eight directors will be elected by the members eligible to vote at the annual meeting.

After all, it was at the Federal Public Defender's Office in Old San Juan where a group of nineteen criminal defense lawyers met for a number of days to organize PRACDL. Joe Laws and I also met with Alan Ellis -then NACDL's President- who traveled to Puerto Rico to assure that PRACDL got off to a good start.

We have grown, and that special relationship between PRACDL and the Federal Public Defender's Office has continued. We co-sponsor CLE courses, and try to always maintain a common front in addressing issues in which there is a commonality of interest, such as addressing concerns with the U.S. District Court and the U.S. Attorney's Office to help us in our work. As the Federal Public Defender, Joe Laws has been instrumental in maintaining this common front to the problems facing all criminal defense lawyers practicing before the District of Puerto Rico. Because he has worn the various hats of an Assistant Federal Public Defender, a private practitioner and more recently that of the Federal Public Defender, Joe has made it a point to look out for the well-being of all. Even as a member of the Court's CJA Committee, where I have the privilege of serving with him, he has always looked out for the interests of CJA Panel members, understanding the problems we face, while at the same time constantly insisting that CJA Panel members must be highly qualified.

I will be writing my comments in support of Joe's reappointment as the Federal Public Defender with pleasure, and I invite all criminal defense lawyers practicing in our district to take the time to write their own comments as well.

Federal Criminal Appellate Practice Writing Seminar

The US Court of Appeals for the First Circuit and the members of the court's CJA Education Committee will be holding a court-sponsored one-day writing seminar for both experienced brief writers and less seasoned criminal appellate practitioners on Friday, November 9, at the Condado Plaza Hotel in San Juan, PR, from 8:45 a.m. - 4:45 p.m.  Here is the program, and the registration form. The registration deadline is Friday, October 26.

CJA Panel's Pilot Mentoring Program in Conjunction with PRACDL

We posted here on PRACDL's proposal to the US District Court for improvement of the Court's Mentoring Program for new CJA Panel Members. The Court had approved PRACDL's Mentoring Program proposal, with a few minor changes, as a pilot program, see Memorandum, but needed to amend the CJA Plan to implement it. The Circuit Executive's Office has now given the green light to the amendment and, at a CJA Committee meeting held yesterday, Hon. Aida M. Delgado-Colón announced the Court's selection as Mentors (from a list of PRACDL volunteers submitted earlier). These are the following:

• Jorge E. Vega-Pacheco
• Rachel Brill
• Linda Backiel
• Tom Lincoln
• Mariángela Tirado-Vales
• Juan R. Acevedo-Cruz
• Epifanio Morales
• Esther Castro-Schmidt

The attorneys required to participate in the mentoring program have to participate in a number of  "events" --most mandatory, and some optional. These range from in-court events (preliminary hearings, arraignments, bail/detention hearings, suppression hearings, jury selection, trial, and sentencing hearings) to out-of-court events (client interviews, witness interviews, working on various types of motions, etc.).

The idea is that the attorneys will interact with their mentors both prior to and after the particular events, rather than simply being asked to attend events without any interaction with the attorney involved.

Attorneys may use several different mentors. It is up to them to coordinate with the mentors as to particular events/tasks.  When more than one mentor is used, which is the most likely scenario, the mentors will have to meet to make evaluations to the Court's CJA Committee.

CJA Rate Increases Effective May 20, 2007

Effective May 20, 2007 the CJA hourly rate will increase from the current $92 per hour to $94 per hour. For cases overlapping both rates, counsel will invoice all work done before May 20th at the $92 hourly rate and all work done on or after May 20th at the $94 hourly rate. Also increased was the hourly capital rate from $163 to $166 (for federal capital prosecutions and capital post-conviction proceedings). See CJA Rates Effective 5/20/2007.

PRACDL to Propose Changes and Offer Assistance to Court's Mentoring Program for New CJA Panel Members

With a view towards improving the Mentoring Program provided by the District of Puerto Rico to some of the new CJA Panel members, PRACDL's Board has been meeting and working out a proposal to present to the Court's CJA Committee, presided by Honorable Aida M. Delgado-Colón.  At the gist of the proposal to be submitted, is the idea of putting the Mentor back into the Mentoring Program to interact with the Mentoree, rather than simply have an attorney attend a series of Court events.  Moreover, the proposal will include participation for both in-court and out-of-court events, such as witness and client interviews, and motion practice. And PRACDL will make available to the Court a list of PRACDL Members willing to act as Mentors.

Sentencing Guidelines Seminar

The U.S. District Court for the District of Puerto Rico will be sponsoring a Sentencing Guidelines seminar on August 5, 2005 from 9:00 a.m. to 4:00 p.m.  If you want to make sure your seat is reserved, send an e-mail to Carmen Serrano with your full name and District Court Bar Number as soon as possible (no later than July 26th 29th),* since there are space limitations. It will be held at the Los Chavales Banquet Room and lunch is on the Court. Here is the Notice to Counsel announcing the seminar.

The speakers will be from the U.S. Sentencing Commission, so I imagine that's why it is a sentencing guidelines seminar rather than a sentencing seminar. Then again we had our great Booker and Crawford seminar earlier this year with great speakers.

* Update: The deadline to register for the Sentencing Guidelines Seminar has been extended through Noontime July 29.

First Circuit Accepting Applications for CJA Panel

The First Circuit Court of Appeals is currently accepting applications to serve on the court's Criminal Justice Act ("CJA") panel. Application packages must be received no later than June 13, 2005 at 5:00 p.m. For your convenience, here is the Announcement and the Application Form taken from the First Circuit's site.

Get the Government to Approve Your Closing Argument - Then You Can Make It

Why does the U.S. District Court in Puerto Rico spend thousands of dollars on seminars to get CJA panel attorneys to use technology in the Courtroom, and then foreclose counsel from making a closing argument using PowerPoint unless defense counsel first showed it to the prosecutor? I hope this is not the understanding of any other members of the federal bench here, but it was certainly disappointing to learn that even one judge thought this was necessary. And it had to be done before the prosecutor closed! See this post at TrialPrep.

Chief Judge Fusté to Discuss Status of Criminal Defense in Our District

On Friday, January 21, 2005 (3:30 to 5:00 p.m.) the Federal Public Defender's Office will sponsor a meeting for CJA Panel Attorneys with Chief Judge José A. Fusté to discuss the status of criminal defense in our district.  If you intend to attend, let Ms. Mildred Ward know.   

CJA Case Caps Increased Effective December 8, 2004

We have received notice that the CJA case cap for felonies has been increased from $5,200 to $7,000. The new cap will apply to cases in which any work was done on or after December 8, 2004.

This will shorten the amount of time counsel have to wait to get paid in cases falling within the cap, since these do not have to be certified to the Chief Judge of the Court of Appeals, who will now review only cases in which  compensation claimed (and certified by the District Court) exceeds the new $7,000 cap.

Now if the Administrative Office of the U.S. Courts would only implement the system it already has for electronic funds transfer to designated bank accounts of CJA counsel, that would also be a great help.

UPDATE: Since some questions had been raised as to the case cap increases and the effective dates, here is the Administrative Office of the U.S. Courts' December 10th Memorandum re: CJA Amendments. Thanks to Mr. Angel Valencia, Chief Deputy Clerk, District of Puerto Rico.