Frequently Asked Questions
- Q: Do you have a template motion/brief/memo on [fill in the blank] issue I can use?A:
SRC does not keep a bank of sample or template filings. Most issues that arise in federal cases apply to different cases in different ways, and our cases arise in all the federal circuits, which often disagree on legal issues. Thus, templates rarely make sense. But SRC aims to connect defenders and CJA-appointed attorneys with one another and with orders, opinions, and filings in other cases that are similar to theirs, so that we can all build on one another’s great work. We primarily do this through our listservs and shared Box.com folders, and through bimonthly Office Hours.
All of these resources are available only to Federal Public & Community Defender employees and CJA-appointed attorneys. For more information about those resources, click here.
- Q: I am handling a federal criminal case in which I am privately retained; can you help me with a sentencing issue?A:
No, sorry. SRC’s primary responsibility is to assist the Federal Defenders’ Guidelines Committee in fulfilling its statutory mandate to communicate with the United States Sentencing Commission. Related to this, we provide some litigation support to defenders and CJA lawyers wrestling with the complexities of federal sentencing law and procedure. This improves our understanding of how the guidelines and statutes are operating and thus our ability to communicate with the Commission, which in turn improves our support to attorneys, and so on. But our mandate and limited resources do not permit us to assist with privately retained cases.
- Q: I am currently facing federal charges or sentencing or serving a federal sentence, or my friend/family member is; can you help with a legal issue?A:
Unfortunately no, for reasons similar to the above. If you or your loved one does not have an attorney, we urge you to reach out to your local federal defender office to ask for one. A directory of defender offices can be found here.
If you or your loved one does have an attorney, you can direct legal questions to that attorney. If your attorney was appointed by the federal court, you are welcome to direct your attorney to our website, to make sure they know about our resources.
- Q: I am a prosecutor or law enforcement; can I ask you a sentencing question?A:
No.
- Q: How can a CJA-appointed attorney get support litigating a NON-sentencing legal issue?A:
For many questions, your local defender office is the best place to start. Attorneys there will know the local bench and be familiar with circuit law; and if you are asking about an issue that's come up before, they may be able to point you to relevant filings that you can use as a model.
Also, the Defender Services Office's Training Division is a great resource. Their website, fd.org, has a lot of trainings and other helpful materials. And the Training Division coordinates a Hotline for CJA Attorneys: 800-788-9908. A duty attorney from the Training Division is available to answer questions Monday through Friday, during Eastern Time business hours.