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June 30, 2014

Ninth Circuit sorts out federal case of CJA payment delayed, then CJA representation denied

It is often said that justice delayed is justice denied. An interesting ruling today from the Ninth Circuit in US V. Tillman, No. 13-10131 (9th Cir. June 30, 2014) (available here), work through what happens when Criminal Justice Act payment is delayed and that leads to CJA representation being denied. Here is the start of the panel opinion in Tillman, which ends up being more about the actions and standing of Tillman's CJA-appointed lawyer rather than the criminal defendant:

This case highlights the tension between judicial efforts to control costs of appointed counsel, the defendant’s constitutional right to have counsel appointed, counsel’s reliance on timely payment of Criminal Justice Act (“CJA”) vouchers, and the delays often present in processing vouchers for payment.  In this unusual interlocutory appeal, John R. Grele and his former client, Markette Tillman, appeal an order removing Grele as counsel, sanctioning him, and referring him to the California State bar for disciplinary proceedings.  Under Flanagan v. United States, 465 U.S. 259 (1984), we lack jurisdiction over Tillman’s claim that counsel was improperly removed. The removal order is nonfinal and not immediately appealable; Tillman has the opportunity to raise this issue on direct appeal, if there is one.  Grele’s petition as to the sanctions order presents a different question, however, because the improper sanctions order not only had an immediate impact on Grele but continues to affect his professional reputation as learned counsel in capital proceedings.  We conclude that mandamus jurisdiction is appropriate to consider the sanctions order, that the district court erred in imposing sanctions without notice and a hearing, and that the order should be vacated.

June 30, 2014 at 02:59 PM | Permalink

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