Most people know that if someone is charged with a crime and cannot afford an attorney, the Constitution requires that an attorney be appointed to represent them at trial. However, most people do not think about what happens after being convicted. What to do if you want to appeal a criminal conviction but can’t afford an attorney’s fees? The United States Supreme Court considered this issue in Douglas v. California (1963) 372 US 353, An appeals court has decided that a lawyer must be appointed for people who cannot afford a lawyer.
Nearly 40 years ago, Douglas founded the California Appellate Project (CAP) in Los Angeles to help the Second District Court of Appeal recruit, appoint, and supervise qualified private attorneys to meet the state’s constitutional obligations. -LA) was established. Criminal, Juvenile and Civil Appeals. Currently, appointed attorneys represent clients in more than 4,000 cases annually in the Second District based on CAP-LA’s recommendation. Executive Director John B. Steiner, who has led CAP-LA for 32 years, recently sat down to reflect on how the Project System, and CAP-LA in particular, has dramatically improved the quality of appellate representation in California. (Interview has been edited for clarity and length.)
John B. Steiner
Before CAP-LA was established, how did the Court of Appeals assign attorneys to indigent appeals?Cases were assigned to attorneys who came to the clerk’s office. There was no attempt to match the attorney’s experience with the complexity of the case. Lawyers who have just passed the bar exam may be assigned to special circumstances murder cases. In 1970, fees were $20 an hour, there were no standard billing practices or guidelines for appropriate payment, and no specification of when appointed attorneys could expect to be paid.
It was not uncommon for the briefs submitted by lawyers to be inadequate. The briefs often inaccurately described the history and facts of the litigation. Lawyers often failed to argue even basic constitutional questions. In re Smith (1970) 3 Cal.3d 192, 198, the Supreme Court adopted the doctrine of “ineffective assistance of appellate counsel.” The court noted, “In this case, which is rife with false claims, the appellant’s attorney submitted an opening brief consisting of 20 pages of factual statements and one page of argument.”
How did CAP-LA start? In 1982, the state Civil Service Bureau’s budget was cut in half, leaving it unable to handle the large number of death penalty appeals before the Supreme Court. California Chief Justice, Hon. Rose Byrd, asked State Bar President Anthony Murray to find a way to resolve this issue. This led to the establishment of the California Appellate Project (CAP-SF) in San Francisco to assist and assist capital litigation attorneys.
The Court of Appeals was in a similar predicament regarding the appointment of counsel in poverty appeals, but there was an adaptable paradigm. Appellate Defenders, Inc. (ADI) existed in San Diego’s Fourth Appellate District, Division 1 even before the State Public Defender’s Office was established. There, a small law firm operated as a resource for private attorneys appointed in criminal cases and monitored the quality of appellate preparations submitted. Your Highness. Second District Administrative Judge Early Woods then contacted Anthony Murray and the CAP Board of Directors to develop a similar plan in Los Angeles to help appoint, train, and support qualified attorneys in the Second District. He requested that an office be established. court. CAP-LA was born in 1986. Thomas Curry was the first Secretary-General. I was appointed in 1988 and stayed until January 2019.
How has CAP-LA changed the attorney appointment process for the Second District? Pursuant to current California Rules of Court Section 8.300, CAP-LA has inherited a clerk’s list of attorneys willing to take designated cases. , began evaluating the performance of lawyers. This list was initially narrowed to include only those competent to handle appointed appeals, and then expanded upon the application of new attorneys.
Today, if a case goes to the Court of Appeals and the person cannot afford a lawyer, the court refers the case to CAP-LA. CAP-LA attorneys classify cases, match them with qualified attorneys, and, if the attorneys agree, recommend appointment to the appellate court. Projects are provided with a brief to enable continuous monitoring of work products throughout the life of the case.
What types of attorneys handle appointment appeals? CAP-LA has always had a diverse panel of attorneys handling appeals. When attorneys are added to CAP-LA’s committee, they begin as either “auxiliary” or “independent” depending on their prior experience. In ancillary cases, a staff attorney reviews the appellate record prior to appointment, identifies and discusses potential issues in the appeal, and then reviews the attorney’s opening brief prior to filing. Whether an attorney handles your case on an auxiliary or independent basis, CAP-LA’s staff attorneys remain a resource to consult at every stage of your case. In addition, CAP-LA provides ongoing training seminars to its panels on substantive law and appellate drafting topics.
How are panel attorneys paid? Historically, in the Second District, attorneys submitted their claims directly to the judge who signed the opinion. Panel lawyers are now submitting the bill to CAP-LA for review. Staff attorneys recommend payment based on statewide billing guidelines. There are deadlines for payment and procedures for contesting the reduction of your bill. Judicial committees, project directors, and practitioners audit selected claims reviewed by CAP-LA staff attorneys to ensure consistent payments across the state.
Looking back, what are your final thoughts about your work at CAP-LA? In 2014, after serving more than 30 years in the Second District as the first female presiding judge on the Court of Appeals, Chief Justice Joan Dempsey Klein sent a letter stating that CAP-LA was “an integral part of the operation.” I remember that. In the second district. I am extremely grateful for the opportunity to lead CAP-LA during my 30 years as Executive Director. I would like to thank all members of the CAP Board of Directors, past and present, and especially the three members who have served since CAP’s inception: Anthony Murray, Lee Serna, and Tom Eres.
I would like to thank Richard Lennon, who replaced me, and Jay Cohorn, who served as CAP-LA’s assistant director for many years. We also appreciate the hard work of CAP-LA’s staff attorneys and support staff, who are essential to completing all necessary work. The efforts of these attorneys and committees serve as guarantors of the Sixth Amendment right to competent counsel.
I would also like to thank the four administrative judges with whom I worked during my tenure and the cooperation and support they have provided to CAP-LA. Her Royal Highness Mildred Lilly. Prince Charles Vogel Roger Bolen and current APJ Chairman. Elwood Louie. Working with each, CAP-LA was able to overcome some of the serious problems faced by the courts. Ultimately, it is the panel lawyers who do the heavy lifting in each case. Hats off to them.
Author’s note
Many of the attorneys on CAP-LA’s original committee have retired, and the committee needs to be expanded to handle all pending criminal, juvenile, and civil cases in the Second District and throughout the state. If you would like more information about becoming an appointed attorney in the Second Appellate District or any other appellate district, consider attending a webinar featuring Court of Appeals judges on November 13, 2024 . Registration information is available at CAP-LA. Website www.cap-la.org.
