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Criminal Justice Act: At 50 Years, a Landmark in the Right to Counsel

US Courts news release: “August 20, 1964—the President signed into law the Criminal Justice Act (CJA), which for the first time assured professional legal counsel in federal courts by paying an hourly fee for court appointed lawyers. Six years later, Congress established a full-time federal defender service within the judicial branch. Together, the measures created the modern federal defenders system, and helped secure a right that Americans now take for granted: meaningful legal representation even for those who can’t afford it. Many defenders and judges call the CJA a shining success. “It’s been called the gold standard of public defense,” said U.S. District Judge Catherine C. Blake, chair of the Judicial Conference’s Defender Services Committee. “The Criminal Justice Act and the right to counsel have greatly strengthened the fairness and integrity of our system of justice. Today, nearly 90 percent of federal criminal defendants are aided by lawyers, investigators and experts paid for under the Criminal Justice Act. Hiring in defenders’ offices is intensely competitive, and the quality and vigor of their representation has earned the admiration of federal prosecutors, including U.S. Attorney General Eric H. Holder Jr.  But the defenders’ system, like the rest of the federal Judiciary, also is challenged by funding issues, and by greatly toughened sentencing laws, which many defenders say punish the accused for asserting their legal right to a jury trial.”

 

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