Frequently Asked Questions

Who requested the study? Why is it being done? How will the results be used?

The Executive Committee of the Judicial Conference requested the Defender Services Committee work with the Federal Judicial Center (FJC) to evaluate how courts were implementing the interim recommendations of the Cardone Report that were adopted by the Judicial Conference.  The final FJC report evaluating these recommendations will be given to the Defender Services Committee in 2023.  The analysis of the implementation of interim recommendations will help inform the ongoing discussion of the final recommendation of the Cardone Report—that there should be an independent defender commission to administer the Criminal Justice Act in federal courts.

What are the different parts or components of the study?

The FJC has designed a three-phased research design. 

What is the timeframe of the study?

The Research Team began executing the design in early 2020, and the final report will be provided to the Defender Services Committee in 2023.

In which districts is the study being conducted? How was my district selected?

While implementation of the recommendations is being examined in all courts, a stratified sample of courts based on criteria including size, circuit, caseload, and federal defender office was identified for further in-depth study, which includes interviews.  Selected districts have been contacted by the Research Team. 

How will districts who have not implemented the new Judicial Conference policies be addressed in the FJC’s study? Will speakers be identified?

The goal of the study is to evaluate how courts have implemented the Judicial Conference policies that were adopted as a whole.  The report will discuss which recommendations have been implemented and which have not, to give the Committee a sense of which recommendations may have been more difficult to implement and what issues raised in the Cardone Report remain.  The purpose of the report is to illuminate how the defense function has changed since the Cardone Report, not to praise or shame districts for their compliance.  We will not identify any speaker or district by name. 

Will participants get to see and/or comment on the draft report?

Due to the confidential nature of the study, we will not provide draft reports for review or comment to participants. 

My interview was recorded.  What will happen to the transcript of my interview with the FJC?

Should you like to see a transcript of your answers to our interview questions prior to the end of the study, we will be happy to provide one.  Otherwise, transcripts will only be available to the members of the FJC Research Team for purposes of evaluation.  Transcripts will NOT be shared outside the FJC Research Team.  Upon completion of the study, currently planned for 2023, all transcripts will be destroyed. 

Will the FJC make recommendations, especially about whether there should be an independent defender commission?

No.  It is the policy of the FJC that we do NOT make recommendations on any issue of Judicial Conference policy, including the independence of the defense function.

Who will get a copy of the FJC final report?

The report will be given to the Defender Services Committee, which will make the decision about final publication.