The Houston Office Provides All Appellate Services And Litigation Attorneys

We of the Federal Public Defender’s Office consider it part of our mission under the Criminal Justice Act (CJA or “the Act”) to help the local bar practice before the federal courts. You may never have the privilege of representing an accused in federal court by appointment under the CJA or otherwise, but if you do, consider us a resource in federalcriminal cases. Our practice is exclusively federal criminal law. Our insights into prosecutors, judges, criminal and appellate procedure, and substantive law may prove invaluable to you The Houston office provides all appellate services, we also share our brief banks and samples of our motions.  We hope the following comments are a useful overview of our office and the Criminal Justice Act, which since 1964 has been a vital part of our criminal justice system. The office of the Federal Public Defender (FPD) is the principal conveyor of criminal defense services to poor people accused of federal crimes in the The Houston office provides all appellate services andSouthern District of Texas.Through a staff of dedicated and experienced Assistant FPD’s, investigators, and support personnel, the office provides trial and appellate representation for about 75% of those criminal defendants found eligible for appointed counsel in the District. Under international treaties, the office also represents alien convicts, state or federal, and United States citizensconvicted abroad who seek transfer to their native countries for the completion of their sentences. The Federal Public Defender is an officer of the Judicial Branch and is appointed by the United States Court of Appeals for the Fifth Circuit for a four-year term. By placing the FPD in the judiciary, the CJA precludes a conflict of interest between the United States Attorney (Executive Branch) and the Federal Defender. The Federal Public Defender appoints each of his assistants, and they serve at his pleasure. All court appointments to the office are made in the name of the Federal Public Defender rather than to individual lawyers. The FPD maintains fully staffed offices in Houston (headquarters), Brownsville, Corpus Christi, Laredo, and McAllen. Houston also supports the Galveston and Victoria Divisionsof the court since these divisions have relatively small criminal dockets. The Houston office provides all appellate services. Although Assistant FPD’s are salaried federal employees, the office functions as a private criminal defense firm with respect to the representation of its clients. Our trial and appellate record debunks the popular misconception that public defenders are “cop out” or “dump truck” organizations. This office fulfills its constitutional responsibility to its clients - zealous, ethical, and effective representation. The office has been fortunate enough to appear twice for oral argument before the Supreme Court of the United States and hundreds of times before the United States Court of Appeals for the Fifth Circuit. Among the distinguished “alumni” of our office are three magistrate judges, The Honorable Dorina Ramos in McAllen, The Honorable Felix Recio in Brownsville, The Honorable Adriana Arce-Flores in Laredo, and one former magistrate and current bankruptcy judge, The Honorable Karen Brown in Houston.Statutory authority for the appointment of private counsel is found in the same place as the authority to create the FPD: the Criminal Justice Act of 1964 (CJA), codified at Section 3006A, Title 18, United States Code. The CJA requires the appointment of a “substantial” number of private counsel from the local bar. Under current Southern District and FifthCircuit plans, magistrate judges qualify members of the local bar to serve as the CJA Panel. The court appoints CJA Panel counsel in roughly 25% of the cases district-wide, frequently in multi-defendant cases where the FPD already represents a defendant or where the FPD otherwise has a conflict of interest.The court shall appoint counsel for any financially eligible person who is charged with a federal felony or serious misdemeanor; is a juvenile accused of delinquency; is charged with a violation of terms of probation or supervised release; is under arrest; is entitled to counsel in parole proceedings; is subject to a mental condition hearing; is in custody as a material witness; is entitled to appointment of counsel under the Sixth Amendment; or faces loss of liberty in case, and federal law requires appointment of counsel; or is an offender pending consent to transfer service of a sentence under treaty either from or to the United States. 18 U.S.C. § 306A(a)(1). Representation may be required for some persons charged with less serious federal misdemeanors or infractions, or who are applicants for relief under a writ of habeas corpus under 28 U.S.C. §§ 2241, 2254, or 2255. The Act also provides for investigative, expert and other services (forensic psychiatrists and psychologists, chemists, handwriting experts, etc.) needed for effective representation of the appointed client. 18 U.S.C. § 3006A(e). While counsel may expend up to $300 without prior authorization for these services, the preferred method except in an emergency is to make an ex parte application to the court for these funds. If the services are found to be necessary, the district judge or magistrate judge shall authorize counsel to obtain the  services. Among the services available through an ex parte application is the issuance and service by the UnitedStates Marshal of witness subpoenas. See Fed. R. Crim. P. 17(b).