Criminal Justice Act — Judicial Business 2023
The Criminal Justice Act (CJA) provides funding for the representation of individuals with limited financial resources in federal criminal proceedings. In each district, a plan exists for providing representation through private panel attorneys and, where established, federal public or community defender organizations. This year, 82 federal defender organizations (FDOs) (65 federal public defender organizations and 17 community defender organizations) served 91 of the 94 federal judicial districts.
A combined total of 145,781 FDO cases opened and representations by counsel under the CJA were authorized, an increase of 2 percent compared with last year. This growth occurred as the Judiciary continued to work through the backlog of cases that arose during the COVID-19 pandemic. The total for panel representations, which is based on voucher payments to attorneys, may increase as more vouchers are issued and recorded later for work done by attorneys this year.
Fifty-six percent of all federal judicial districts had higher caseloads. The largest percentage increases occurred in the District of Guam (up 30 percent), the Eastern District of Arkansas (up 30 percent), and the District of Arizona (up 25 percent). The districts with the largest percentage decreases were the District of Northern Mariana Islands (down 28 percent), the District of New Hampshire (down 21 percent), and the Central District of Illinois (down 17 percent).
Representations closed by the 82 federal public and community defender organizations (including representations in criminal matters, appeals, and habeas corpus proceedings) decreased 2 percent from the previous year to 87,900. Representations for which appointed panel attorneys were compensated under the CJA increased 4 percent to 62,369. The backlog of cases arising from the pandemic declined but persisted and was further exacerbated by restrictions on hiring FDO personnel.
The number of private attorneys paid through the CJA panel attorney payment system was 8,327.
For a summary of federal defender appointments under the CJA for the past five years, see Table S-21. For information on representations for each federal public and community defender organization, see Table K-1.