Russell

Russell v. Hug

Good Law
275 F.3d 812·2002 WL 10409
United States Court of Appeals for the Ninth CircuitJanuary 4, 2002No. 99-16999California4,180 words

Opinion

Lead Opinion

Canby, J.

This appeal presents the question whether a federal district court, in its Criminal Justice Act Plan, may require members of its indigent defense panel to be members not only of the district court’s own bar, but also of the State Bar of California. We uphold the requirement.

Background

The Criminal Justice Act, 18 U.S.C. § 3006A(a), authorizes each federal district court to “place in operation throughout the district a plan for furnishing representation for [criminal defendants who are] financially unable to obtain adequate representation.” Pursuant to this statute, the United States District Court for the Northern District of California issued, and the Ninth Circuit Judicial Council approved, General Order 2 (“G02”). G02 sets forth the Criminal Justice Act Plan for the Northern District. The Plan directs the Chief Judge of the District to appoint members of an Administration Committee, which is responsible for “establish[ing], maintaining], and administering] a panel *816 of private attorneys” who will represent indigent criminal defendants in the Northern District. G02, § 111(A). Among other requirements, members of the Indigent Defense Panel “must be members in good standing…

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