Posted: April 27, 2021
Code of Judicial Administration – Comment Period Closed June 11, 2021
CJA 11-401. Standing Committee on Appellate Representation and the Appellate Roster. Amend.
CJA11-0401. Redline version
CJA11-0401. Clean version
The following is a brief summary of the rule amendments (line numbers refer to the redline version and note where the subject amendments begin). Amendments to Rule 11-401:
- Address the creation of the Indigent Appellate Defense Division (line 12);
- Simplify committee composition (line 33);
- Clarify that at least one appellate brief submitted for application purposes must be in the relevant subject matter area (line 100);
- Add a CLE requirement (line 139);
- Add requirements for entity exempt status and clarify when an attorney falls under that exemption (lines 16 and 154); and
- Increase term limits from three to five years (lines 128 and 138).
Line 145 still refers to the 3 year term, rather than the proposed 5 year term. I support the change to a 5 year term.
On line 12-13, I think the citation to section 78B-22-802 is incorrect. Section 78B-22-102 defines “indigent defense service provider,” “indigent individual,” and “indigent defense services.” It seems like the second citation should maybe be to 78B-22-901 or -902. On line 23, it may make sense to add the word “defense” to “indigent service provider attorneys,” so it reads “indigent defense service provider attorneys.”