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UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT NOTICE OF ADOPTION UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
NOTICE OF ADOPTION
OF PLAN FOR THE COMPOSITION AND ADMINISTRATION
OF THE CJA APPELLATE AND CAPITAL APPELLATE PANELS
PLEASE TAKE NOTICE that the Court has adopted the attached Plan for the
Composition and Administration of the CJA Appellate and Capital Appellate Panels (the Panel
Composition Plan) to implement the 2007 amendments to the Courts Criminal Justice Act
Plan. Under the Criminal Justice Act Plan, trial counsels representation continues on appeal
unless counsel is relieved by the Court of Appeals. Pursuant to the 2007 Plan amendments,
the Court gives due consideration to trial counsels motion to be relieved, recognizing that
while there are benefits to maintaining continuity of counsel, the skills necessary to proceed
as appellate counsel may differ from those required of trial counsel. The new Panel
Composition Plan establishes a panel of skilled appellate attorneys (the CJA Appellate Panel)
to accept new appellate appointments in cases in which trial counsel has been relieved from
further representation. The Court retains, however, its practice of appointing trial counsel in
the first instance to continue representation on appeal, without regard to whether trial counsel
is also a member of the Courts CJA Appellate Panel.
Under the Panel Composition Plan, a CJA Appellate Panel Committee, composed of
a Circuit Judge, a Federal or Community Defender, at least one attorney from each District
within the Circuit, the Circuit Executive, the Clerk, and the Senior Staff Attorney, will review
applications for membership on the CJA Appellate and Capital Appellate Panels on an annual
basis and recommend, for approval by the Court, those applicants best qualified to fill the
Panels. Initial CJA Appellate Panel members will be randomly designated for one, two, or
three year appointments to the Panel; thereafter, attorneys will serve three year appointment
terms unless removed by the Court for unsatisfactory performance. Members may apply for
renewed membership at the conclusion of their terms.
The Fourth Circuits Plan for the Composition and Administration of the CJA Appellate
and Capital Appellate Panels takes effect June 1, 2008, subject to amendment in light of
comments received. Interested parties may submit comments on or before July 1, 2008, to
Patricia S. Connor, Clerk of Court, U.S. Court of Appeals for the Fourth Circuit, 1100 East
Main Street, Suite 501, Richmond, Virginia 23219. Applications for membership on the CJA
Appellate and/or the Capital Appellate Panel should be submitted on or before August 1,
2008, to the same address, using the attached Application Form.
May 28, 2008

/s/ Patricia S. Connor - 1 -
PLAN FOR THE COMPOSITION AND ADMINISTRATION OF THE
CJA APPELLATE AND CAPITAL APPELLATE PANELS
I. COMPOSITION OF PANELS
A. PANEL TYPES
The Court shall establish two panels of attorneys who are eligible and willing to accept
appellate appointments of the types identified below. The Court shall approve attorneys for
membership on the panels after receiving recommendations from the CJA Appellate Panel
Committee established pursuant to section II of this Plan. An attorney may be a member of more
than one panel.
1. CJA Appellate Panel. Members of the CJA Appellate Panel are appointed in criminal cases
when new counsel must be appointed on appeal. To qualify for the CJA Appellate Panel,
attorneys must be members in good standing of the Fourth Circuit bar and have demonstrated
experience in, and knowledge of, federal criminal law and appellate procedure and the
Sentencing Guidelines.
2. Capital Appellate Panel. Members of the Capital Appellate Panel are appointed in capital
cases when new counsel must be appointed on direct appeal or on collateral appeal under 28
U.S.C. § 2254 or § 2255. The Capital Appellate Panel is composed of first-chair and second-
chair counsel lists. First-chair counsel must have been a Fourth Circuit bar member for at least
five years and have at least three years experience in the handling of felony appeals in the Fourth
Circuit. See 18 U.S.C. § 3599. Qualification requirements for second-chair counsel are the
same as for CJA Appellate Panel members.
B. PANEL SIZE.
The CJA and Capital Appellate Panels shall be large enough to provide a sufficient
number of experienced attorneys to handle the caseload, yet small enough so that panel members
will receive an adequate number of appointments to maintain their proficiency and thereby
provide a high quality of representation.
C. TERMS OF PANEL MEMBERSHIP.
The initial CJA Appellate Panel established pursuant to this Plan will be divided into
three groups, equal in number. Members will be assigned to one of the three groups on a random
basis. Members of the first group will serve on the panel for a term of one year, members of the
second group will serve on the panel for a term of two years, and members of the third group
will serve on the panel for a term of three years. Thereafter, attorneys admitted to the panel will
each serve for a term of three years. Members of the Capital Appellate Panel will remain on the
panel unless removed at their request or at the direction of the Court.
Table of Contents - 2 -
A panel member may be removed from any panel whenever the Court, in its discretion,
determines that the member has failed to fulfill satisfactorily the obligations of panel
membership, including the duty to afford competent counsel, or has engaged in other conduct
that renders inappropriate his or her continued service on the panel.
D. PANEL REAPPOINTMENTS.
Upon expiration of the term of a CJA Appellate Panel member, the panel member must
apply for renewal of membership if he or she wishes to continue as a member of the panel.
E. PANEL APPLICATIONS.
The Court will set and publicize an annual application period for panel appointments.
Application forms for membership and renewal of membership shall be available on the Courts
web site and from the Clerk. Completed applications shall be submitted to the Clerk, who will
transmit the applications to the CJA Appellate Panel Committee.
II. CJA APPELLATE PANEL COMMITTEE
A. MEMBERSHIP.
A CJA Appellate Panel Committee shall be established by the Court. The Committee
shall consist of the following members appointed by the Chief Circuit Judge: a Circuit Judge, a
Federal Public or Community Defender from within the Circuit, at least one attorney from each
District within the Circuit, the Circuit Executive, the Clerk, and the Senior Staff Attorney. The
Committee shall be chaired by the Circuit Judge. Attorneys appointed to the Committee shall
serve staggered three year terms and may serve two consecutive terms. The Federal Defender
representative shall serve a three-year term and may serve two consecutive terms.
B. DUTIES.
The CJA Appellate Panel Committee shall meet at least once a year in person or by
teleconference to consider applications for the CJA and Capital Appellate Panels. The
Committee shall review the qualifications of applicants for the panels and recommend, for
approval by the Court, those applicants best qualified to fill the panels.
At its annual meeting the Committee shall also review the operation and administration
of the panels over the preceding year and the legal education and training opportunities provided
to panel members and make any recommendations for improvement to the Court. - 3 -

III. SELECTION FOR APPOINTMENT
A. CJA APPELLATE PANEL
1. Maintenance of List and Distribution of Appointments. The Clerk shall maintain a current
list of all attorneys included on the CJA Appellate Panel, with law firm names, current office
addresses, and telephone numbers. The Clerk shall also maintain a record of all new
appointments made on appeal and statistical data reflecting the proration of new appointments
between private attorneys and the Federal Public or Community Defender Offices.
2. Method of Selection. Appointments shall be initially offered to the Federal Public or
Community Defender for the district out of which the appeal arises. If the Defender for that
district has a conflict of interest, appointments may be made to the Federal Public or Community
Defender for another district within the Circuit or to a member of the CJA Appellate Panel. CJA
Appellate Panel appointments should be made on a rotational basis to the next panel member
from the district in which the appeal arises who is qualified and available for appointment.
Exceptions to these guidelines may be made due to the nature and complexity of the case, an
attorneys experience or expertise, the defendants place of confinement or residence if on bail,
or the relative unavailability of counsel within the district from which the appeal arises. When
such an exception is appropriate, the attorney selected for appointment need not be a member of
the CJA Appellate Panel. Any variance in the appointment of attorneys by rotation must be
approved in advance by the Chief Judge or the Chief Judges designee.