Free CJA Panel Application Form - North Carolina

Implementation Revised C.J.A. Plan for the Western District of North Carolina On February 17, 2009, Chief Judge Karen J. Williams of the United States Court of Appeals for the Fourth Circuit approved the revised Criminal Justice Act ("C.J.A.") Plan for the Western District of North Carolina (entire plan can be found on www.ncwd.uscourts.gov).The plan revised the criteria for selection, retention and management of the C.J.A. panel in the district. The plan calls for the creation of a Panel Management and Selection Committee composed of no more than nine members. The committee members are: Federal Public DefenderClaire J. Rauscher Executive Director Federal Defenders of Western North Carolina, Inc. (704)374-0720 Peter Crane Anderson Anderson Terpening (704)372-7370 Denzil H. Forrester Law Office of Denzil H. Forrester (704)632-9969 Mark P. Foster, Jr. Law Office of Mark P. Foster (704)347-1809 M. Victoria Jayne Attorney at Law (828)327-3838 Julia G. Mimms Law Office of Julia G. Mimms (704)333-1301 Anthony G. Scheer Rawls, Dickinson & Scheer (704)376-3200 Asheville/Bryson City: Andrew B. Banzhoff Devereux & Banzhoff (828)285-5455 Albert M. Messer Attorney at Law (828)251-1502 1

C.J.A. Panel Representative:

Charlotte/Statesville Division:

The committee members duties are outlined in the C.J.A. Plan. Their initial responsibilities will involve: reviewing all completed applications; obtaining comments from the district's judges and other appropriate sources; and selecting the C.J.A. Panel members for the districts divisions. The projected timetable is as follows: Deadline for submission of C.J.A. applications: June 30, 2009 Application review process by the committee: Summer of 2009 Selection completed and panel members notified: On or before September 8, 2009 Everyone who is presently on the C.J.A. Panel for the Western District of North Carolina MUST re-apply. Under the revised plan, there are 80 panel attorney slots available in the Charlotte/Statesville Division and 40 panel attorney slots available in the Bryson City/Asheville Division. In addition, a Training Panel will be established for attorneys who do not have the requisite experience or wish to eventually become members of the C.J.A. panel. Please note: Federal judges cannot write a recommendation on your behalf but are allowed to respond to an inquiry. Therefore, if you seek a recommendation from a federal judge(s), please note on your application that you want the CJA Management and Selection Committee to contact the specific judge(s). The committee will contact the court and ask questions about your qualifications. The inquiry will serve as a recommendation for purposes of the application requirements. Any questions can be directed to the members of the C.J.A. Management and Selection Committee. All applications must be received by June 30, 2009 at the following address:

Federal Defenders of Western North Carolina, Inc One Page Avenue Suite 210 Asheville, NC 28801 Att: Kathryn Phillips They also can be scanned and emailed to [email protected] or Faxed to 828-232-5575

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CRIMINAL JUSTICE ACT ("CJA") PANEL APPLICATION FORM
The following Application is to be completed by attorneys who wish to participate in the CJA Panel, established in the Western District of North Carolina as part of the Plan for representation of indigent defendants under the Criminal Justice Act of 1964, as amended 18 U.S.C. § 3006A. PLEASE PRINT OR TYPE 1. Please indicate which panel you are applying for: _____ General Panel _____ Death Penalty Panel _____ Special Habeas Death Penalty Panel _____ Training Panel (for attorneys who do not meet experience level set forth in CJA Plan) 2. BACKGROUND INFORMATION _______________________________________________________________________ Last Name First Middle ________________________________________________________________________ Name of Firm ________________________________________________________________________ Street ________________________________________________________________________ City State Zip ________________________________________________________________________ Office Phone No. Fax No. E-mail Address ________________________________________________________________________ Home Phone No. Cell Phone No. (* Only Used in Emergencies) ________________________________________________________________________ North Carolina State Bar No.

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3.

Graduated from ______________________________________________ School of Law Year: ______________________
Dates of Admission A) B) C) D) E) Western District of North Carolina State of North Carolina U.S. Court of Appeals, Fourth Circuit U.S. Supreme Court Other __________________________ __________________________ __________________________ __________________________ __________________________

________________________ Other U.S. District Court admissions and dates of admission: ____________________________ ______________________________________________________________________________ Please provide a copy of a Certificate of Good Standing from the North Carolina State Bar. 4. I would prefer to receive the following number of cases each year: _____ 1-3 cases/year 5. _____ 4-10 cases/year _____ 10+ cases/year

I would accept case assignments from the following Divisions of the Western District of North Carolina: ___ Asheville ___Bryson City ___Charlotte ___Statesville ___CVB Court ___Any Division

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Have you ever been disbarred, suspended, reprimanded, censured, or otherwise formally disciplined, publicly or privately, as an attorney, or as a member of any other profession, or as a holder of any public office? _____ Yes _____ No

If "Yes" ­ please give additional details below or add an additional sheet. ______________________________________________________________________________ ______________________________________________________________________________ 7. Are any charges of complaints now pending before any court or agency concerning your conduct as an attorney, or as a member of any profession, or as a holder of any public office? _____ Yes 8. _____ No

Have you previously served on this CJA Panel? If "Yes," please list the dates of your service: _____ Yes _____ No ______________________________________________________________________________ ______________________________________________________________________________

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9.

Have you ever been REMOVED from any CJA panel or list? ______________________________________________________________________________ ______________________________________________________________________________ _____ Yes _____ No

If "Yes" ­ please provide additional details below or add an additional sheet. 10. Have you ever been relieved from an assigned defendant in any court for any reason, other than his/her retaining a private attorney? If so, give particulars on separate sheet: _____Yes 11. _____ No

Do you speak any foreign languages? If so, give particulars and describe your level of fluency: _____ Yes _____ No _____________________________________________________________________________ _____________________________________________________________________________

12.

Experience (Identify the number of trials you have handled to verdict during the last ten years.) CRIMINAL TRIAL EXPERIENCE 1. Number of Federal Felony Trials _____
2. Number of Capital Trials: Federal: State: First-Chair First-Chair _____ _____ Second-Chair Second-Chair _____ _____ Number of State Felony Trials: _____

3. Number of Federal Misdemeanor Trials _____ A) CIVIL TRIAL EXPERIENCE 1. Number of Federal Jury Trials: _______ B) APPELLATE EXPERIENCE 1. Number of Federal Criminal Appeals: ______ C)

Number of State Misdemeanor Trials: ____

Number of State Jury Trials: ______

Number of State Criminal Appeals: _____

OTHER RELEVANT TRIAL/LITIGATION EXPERIENCE (add additional sheet, if necessary)

_______________________________________________________________________ _______________________________________________________________________

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D)

AREAS OF SPECIALIZED EXPERIENCE (PLEASE CIRCLE)

TAX LAW ACCOUNTING ENVIRONMENTAL LAW IMMIGRATION COMPUTER FORENSICS PSYCHIATRIC DEFENSES MEDICAL BACKGROUND MITIGATION DEVELOPMENT HEALTH CARE OTHER _______________________________________________________________ 13. Have you attended a continuing legal education (CLE) seminar on any of the following topics within three years prior to this application? a. b. c. d. e. United States Sentencing Guidelines Federal Criminal Law Federal Rules of Evidence Federal Rules of Criminal Procedure Trial Advocacy _____ Yes _____ Yes _____ Yes _____ Yes _____ Yes _____ No _____ No _____ No _____ No _____ No

Please list OR provide a copy of a CLE Attendance History Report from the North Carolina Bar which summarizes your CLE attendance over the past three (3) years. 14. Do you satisfy either of the following criteria? (Check all that apply) ______________________________________________________________________________ ______________________________________________________________________________ a) Two (2) years experience handling federal criminal matters: _____ Yes b) _____ No

Five (5) years experience handling state criminal matters: 4

_____ Yes 15.

_____ No

Have you participated as "first chair" counsel of record (either as prosecutor or defense attorney) in at least two (2) criminal jury trials in any federal court in the last ten (10) years? _____ Yes _____ No

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Do you certify that, over the past year, you have thoroughly read, or are generally familiar with, the Federal Rules of Criminal Procedure, Federal Rules of Evidence, Bail Reform Act, and the Federal Sentencing Guidelines? _____ Yes _____ No

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By checking the following, you certify that you have access to the following: _____ Physical Office for meeting clients and family If address different from page 1, please list below: _______________________________________________________________________ _____ Unlimited Internet Access _____ Active Log-In Account with ECF in Western District _____ Access to an on-line legal research account through Westlaw or Lexis _____ Telephone answering machine or equivalent answering service Please describe why you would like to participate in the CJA Panel Program. (Attach up to 2 additional pages, if necessary). ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ If it is necessary to do so, have you sought approval from your law firm, or other partners, to participate in the CJA Program? _____ Yes _____ No _____ Not Applicable

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I have included with this application at least one writing sample, preferably a substantive motion that was filed in a federal criminal proceeding (not to exceed 10 pages). _____ Yes _____ No

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I have also submitted at least three (3) letters of recommendation from either: a) state or federal judges or; b) attorneys with significant federal criminal defense experience who have expressed an informed opinion as to why you are competent to represent indigent defendants who are charged with federal crimes. _____ Yes _____ No

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22.

Are you a current member and/or officer of an organization that involves criminal law? _____ Yes _____ No

Please circle, if applicable. MCCDL Advocates for Justice NACDL NC State Bar Criminal Justice Section Other Section _________________________________ ABA Criminal Law Section Other Section(s) _______________________________________ NLADA Other ________________________________________________________________________ 23. Are you certified as a specialist in North Carolina? Please circle, if applicable. Criminal Law: State Federal Appellate

I hereby certify that the above information is true and correct.

_____________________ Date

__________________________________ Applicant's Signature

Please send the application and all attachments requested to: Federal Defenders of Western Carolina, Inc. One Page Avenue Suite 210 Asheville, NC 28801 Attn: Kathryn Phillips You can also send materials via email to [email protected] or Fax to 828-232-5575 Any questions, call Kathy Phillips at 828-232-9992 Deadline for submission: June 30, 2009

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