RULES AND REGULATIONS OF THE ALAMEDA COUNTY BAR ASSOCIATION. CRIMINAL COURT APPOINTED ATTORNEYS PROGRAM (Effective May 1, 2013)

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1 RULES AND REGULATIONS OF THE ALAMEDA COUNTY BAR ASSOCIATION CRIMINAL COURT APPOINTED ATTORNEYS PROGRAM (Effective May 1, 2013) A. Preamble The purpose of the Criminal Court Appointed Attorneys Program ( CAAP or Program ) is: (1) To establish and maintain a service which will assist the courts of Alameda County in appointing qualified private counsel to represent indigents accused of crime, and others who may be entitled to court appointed counsel, pursuant to the Constitution of the United States or the laws of the State of California; and (2) To assist the County of Alameda with fulfilling its legal obligation to provide eligible indigents with court appointed counsel in a manner which is effective in its administration and efficient in its operation; and (3) To further the general purpose of the Alameda County Bar Association which is to promote the dignity and public usefulness of the legal profession and the sound administration of justice; and (4) To provide indigents accused of crime in Alameda County with access to qualified, committed and professional private counsel to ensure they are afforded all of the protections and zealous advocacy in their defense to which they are entitled; and (5) To promote high standards of professionalism, competence, diligence, and integrity among members of the criminal defense bar in Alameda County. B. Administration and Operation of the Program (1) The Program shall be operated under the auspices of the Alameda County Bar Association ( ACBA ). The responsibility for the administration of the Program shall vest in the ACBA Board of Page 1 of 13

2 Directors. (2) The Board of Directors shall create a committee, known as the CAAP Advisory Committee ( Committee ). The Committee shall consist of at least five (5) members and not more than eleven (11) members. Each regular committee member shall be appointed for a two-year term; the Chair and Vice- Chair shall be appointed for one year terms. A maximum of six years may be served except a member may serve a seventh year as Chair or Vice-Chair. Except for the Chair and Vice-Chair, no other committee member shall serve more than three consecutive terms. The Committee Chair, Vice-Chair and other Committee members shall be appointed by the President-Elect of the ACBA no later than December for the following year, subject to ratification by the ACBA s Board of Directors. (3) The Committee shall consist of no more than eleven (11) members, at least a majority of whom are experienced criminal defense attorneys. The ACBA Board of Directors will give due consideration to providing that the Committee consist of a fair representation of all classes of attorneys. To avoid any conflict of interest, or the appearance of a conflict of interest, at least fifty percent of the Committee shall be non-panel members. (4) A majority of members of the Committee shall constitute a quorum. (5) Members of the Committee serve at the pleasure of the ACBA Board of Directors and may be removed at any time. (6) The Executive Director of the ACBA shall designate a Director of CAAP whose duty it shall be to manage CAAP under the supervision of the Executive Director, and pursuant to these Rules, applicable statutes and the contract with the County of Alameda. The CAAP Director shall be responsible for daily operations including oversight of appointment and rotation procedures, maintaining accurate and current Program records, monitoring and forecasting of caseload, monitoring, accounting and projection of fees, and legal changes which may affect the program. The CAAP Director shall, in consultation with the Committee, develop and maintain an on-going training program to promote and enhance the competence and professionalism of panel members. Both the CAAP Director and Committee shall share responsibility for monitoring program quality assurance, testing and evaluations. The Director shall serve as liaison to the Committee. The Director and the CAAP Advisory Committee Chair and Vice-Chair shall serve as a contact on criminal matters with the Superior Court. The CAAP Director shall respond to inquiries from the Court and advise the Committee of such inquiries. (7) The Committee shall, acting with the CAAP Director, have responsibility for administration and application of these Rules in a fair and impartial manner as to all panel members, develop and produce on-going training and trial advocacy programs, develop and recommend changes in the criminal Fee Schedule and seek to ensure that high standards of competence, integrity and diligence are demonstrated by all panel members in the discharge of their professional duties so as to safeguard the reputation and standing of the Program in the courts and the community. (8) The President of the ACBA shall appoint the individuals responsible for negotiating the Court Appointed Attorney's Program contract with the County. The negotiating team shall include a representative from the CAAP Advisory Committee chosen by the Committee. C. General Membership Eligibility (1) The Program shall be operated as a panel consisting of lawyers eligible for membership in various classes of cases as set forth in the CAAP Fee Schedule, and who have been found qualified by the Page 2 of 13

3 CAAP Director and Committee for membership on the panel. Panel members are neither employees of the ACBA nor independent contractors. (2) Each member of the panel must be an active member of the State Bar of California in good standing. For the purposes of these rules, good standing shall mean no record of any discipline, including but not limited to probation, suspension, and disbarment; or failure to pay State Bar dues, within the preceding twelve (12) months. A panel member must notify the ACBA, in writing, within 10 days of any discipline imposed by the State Bar. (3) Each member must agree in writing to abide by the Rules of the Program, including the Fee Schedule, the contract with the County of Alameda; and all other rules of professional conduct as required by the State Bar. (4) Each member must sign a declaration under penalty of perjury that he or she maintains his or her principal office in Alameda County and that the majority of his or her practice is in Alameda County, and that office address must also be the address of record with the State Bar of California. A court appointed panel member may not be a member of any other criminal or juvenile defense court appointment panel, excluding post-conviction or federal, and must list any other court appointment panels to which he or she belongs. (5) Each member is required to have: a) An operative office telephone number where they can be reached during normal business hours and is available to clients; b) A working address; c) A fax machine that does not require the presence of someone to accept a fax; and d) A computer with regular and continuous internet access. (6) Each member of the panel shall agree to indemnify and hold harmless: a) The ACBA, its officers, directors, members, and employees; b) The CAAP Advisory Committee; and c) The County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, demands, actions, liability or loss which may arise, or be incurred because of any and all referrals, assignments, activities and appointments resulting from participation in the Program. (7) Each member of the panel shall pay an annual membership fee as set by the Alameda County Bar Association. (8) All panel members shall be required to renew their membership and declaration of eligibility each year. All panel members must also submit a Continuing Legal Education (CLE) report to the CAAP by January 31st of each year, declaring under penalty of perjury that the member has completed three (3) hours of criminal law education or training in the immediately preceding year. D. Application and Class Certification or Recertification Page 3 of 13

4 (1) Application for membership on the panel shall be by written application submitted on the form provided by the Program which shall include: a) Detailed information supporting the applicant's eligibility for membership in the requested classes of appointments and designation of one principal office; b) A declaration of familiarity with and agreement to abide by, these Rules and Regulations and such other and further rules and regulations as may be adopted on behalf of the Program; c) A waiver of any and all claims against the ACBA and its officers, directors, members, employees and the CAAP Advisory Committee for any liability or loss arising out of the operation of the Program or from its referral, assignment or appointment of any case; (2) The CAAP Program will verify and evaluate: a) Applicant s eligibility for CAAP membership; and b) Applicant s qualification for class certification including confidential peer and judicial review by the Committee and Director. (3) Each applicant shall remit the annual membership fee with the completed application. (4) Panel members may, at any time, submit a new application demonstrating eligibility for a higher class. (5) All applicants for initial membership and/or recertification to a higher class will be evaluated by the Committee through a confidential peer and judicial review process and such other means as the Committee and/or CAAP Program may deem appropriate from time to time and shall be on probation for 24 months. Applicants agree to furnish any requested information for purposes of evaluation and consent to the CAAP Program obtaining confidential information from other attorneys, including cocounsel, opposing counsel and judicial officers by means of questionnaires or interviews, acknowledging that the source of confidential information obtained shall not be disclosed. (6) Any applicant or member of the panel who has been denied certification in any class shall, upon written request to the Committee, have the right to appear and be heard and to present evidence of having met the standard of skill and experience for the representation of criminal defendants in the class for which certification was denied. E. Classes of Cases To help assure that only qualified attorneys are assigned to cases, the Committee shall set forth classes in which cases shall be categorized by the level of experience and competence needed by the attorney to be assigned, as set forth in the CAAP Fee Schedule. The Committee shall assign each attorney to one or more classes based on the attorney s experience and ability to provide effective representation. In evaluating the attorney s experience and effectiveness, the Committee may rely on any source of information that provides guidance, including the confidential opinions of judges, defense attorneys or district attorneys. Except in unusual circumstances, such as where the Director determines that the client would benefit from continuing to be represented by an attorney already representing the client, no attorney shall be assigned to a case that exceeds the attorney s class level. Page 4 of 13

5 To help achieve an equitable distribution of cases, the Committee may assign attorneys to multiple classes for which they qualify. However, an attorney is not allowed to maintain concurrent membership on both the adult felony and adult misdemeanor panels. The Committee shall make additional rules to assure these goals are met. F. The Panel (1) The panel of member attorneys shall be arranged in accordance with each member's class eligibility. If an attorney has been appointed to represent a defendant in this County, such attorney shall be appointed to represent said defendant in any criminal or related Welfare and Institutions Code case which may arise in any court in the County while the original charge is pending and judgment has not been imposed, provided said attorney meets the necessary class requirements. Where the attorney finds that the case exceeds the attorney s class, the attorney must inform the Program immediately. If, after the attorney has accepted a case for which he or she is eligible, the charging document is amended and causes the case to exceed the attorney s class, the attorney must inform the Program immediately. The Program shall reassign the case to another attorney absent extraordinary circumstances. The Program may impose sanctions for failing to abide by this rule, including nonpayment of attorney fees. (2) Referrals shall be made by the Program from each panel on a rotating basis. (3) If a member refuses a referral, the member shall maintain their position on the panel list, but if the same member refuses three referrals within a fifteen day period, they shall be placed at the bottom of all panel lists on which that member is registered. (4) An attorney may not accept appointment in a new case if the attorney has professional, personal or calendar commitments that adversely affect the attorney s ability to represent the client. Where it is the client s wish or in the client s best interest to proceed on a no-time-waiver basis, an attorney may not accept the case if the attorney will not be available to represent the client. An attorney who withdraws from a case in violation of these rules may not be paid and, if already paid, the attorney may have to return the fee to the Program. If the attorney withdraws, the attorney must submit a letter setting forth the reasons for the withdrawal. Except in extraordinary circumstances, an attorney who accepts appointment in a case and thereafter withdraws from it because of previous commitments will not be paid for the case. Except in extraordinary circumstances, an attorney who withdraws from a case due to a conflict will not be paid for services performed after the date the attorney reasonably should have discovered the conflict. (5) In the event of an emergency, it shall be the responsibility of the appointed attorney who is not able to appear to arrange for an attorney substitute. In the event the attorney is not able to provide a substitute, the attorney shall call the Court. If it is still necessary to get a substitute attorney and if the Program provides a substitute, the Program will dock the attorney s compensation in an amount equal to the cost of the substitute attorney. (6) It is a panel member s responsibility to timely inform the Court and co-counsel, if any, if she or he is going to be late. G. Rules in Special Circumstances Cases In cases involving the possible imposition of the death penalty, the following special rules shall apply: Page 5 of 13

6 (1) In order to promote professional growth, when second-chair counsel is approved, CAAP encourages attorneys appointed as lead counsel to request qualified Class I attorneys who want to qualify for Special Circumstances cases as second-chair counsel. An attorney who is newly qualified for Special Circumstance cases will become second-chair counsel in the next Special Circumstance case where an attorney is appointed by the Court, unless that attorney is serving as second-chair counsel in another Special Circumstance case. (2) An attorney appointed as lead or second-chair counsel in two or more pending capital cases shall not be selected as lead or second-chair counsel in an additional capital case without demonstration of extraordinary circumstances and the approval of the Committee. (3) Selection as lead or second-chair counsel shall result in placement at the bottom of the Class I rotation. (4) The lead attorney must notify the Director or staff and must receive prior approval of the second chair attorney selection before the selection is effective. No second chair shall be appointed without prior written approval of the Committee. The Director shall provide written notice of the Committee s action to the lead attorney. If the lead attorney fails to obtain prior approval, the Program will impose appropriate sanctions. H. Volunteer Services (1) A member may volunteer to handle a case for which he or she is eligible. In such event, the member shall not be compensated. Such service shall count toward eligibility to handle more serious crimes. A member volunteering for a case for which they are eligible shall immediately be placed at the top of the list in that category in order to receive the next appointment as a volunteer. A member shall not lose his or her regular place on the rotation list by volunteering. (2) No member shall be appointed to more than three cases as a volunteer at any one time. The Program reserves the right to decline to appoint volunteers if in the discretion of the CAAP Director it is not in the best interests of the Program. (3) If more than one member volunteers within a class, the members' names shall be placed at the top of the list for their class in the order in which the Program receives the offers to volunteer. I. Quality Assurance (1) In furtherance of the Program s purpose of promoting high standards of professional competence, diligence and integrity, the CAAP Director and the Committee shall develop and maintain an on-going quality assurance program for all panel members. Such program may include, but may not be limited to: a) Continuing legal education: All CAAP panel members are required to participate in at least three (3) hours of MCLE approved activities in criminal law each year. CAAP panel members are required to certify their compliance with this requirement by signing an annual MCLE report each year under penalty of perjury; b) Case quality assurance audit: A panel member whose actions on a particular case has been observed by the Director, CAAP panel member, other counsel or a judge not to Page 6 of 13

7 comply with what is considered best practice, may be required to discuss the case with the Committee. The panel member may be required to produce the client s entire case file (including digital and paper documents). Remedial training may be required. Referral to the Committee resulting in substantiated allegations may result in sanctions, including but not limited to, probation, reclassification, suspension or removal from the panel; c) Such other and further procedures, programs, and training which the CAAP Director and the Committee shall deem useful and beneficial to enhance the professionalism and competence of Program members; (2) All members of CAAP shall from time to time be subject to confidential evaluation by other attorneys, including but not limited to the CAAP Director, panel members, and members of the Public Defender's Office, District Attorney's Office and Judiciary. The purpose of such evaluation shall be to assess that the continued competence, skill level, diligence, integrity and professionalism of the member is at the level required for the member's current class certification. Such evaluations shall be conducted both as needed in the discretion of the CAAP Director and members of the Committee and at random. The source of individual comments either through written evaluation or interviews conducted by the CAAP Director and members of the Committee shall be kept confidential. All such comments shall be compiled into a written summary which shall set forth, among other factors, the total number of evaluations sought and the total number of respondents. Upon request, the evaluated panel member shall be provided with a copy of the summary. (3) In the event the evaluated member is given an overall rating of "Needs Improvement" or "Not Qualified" by one half of the respondents, the CAAP Director and the Committee shall, within thirty (30) days, propose a remedial plan of action, the specifics of which shall be within the discretion of the Director and the Committee depending upon the particular concerns expressed, any history of prior problems, and the Program's response in prior similar circumstances, if any. Such plan of action may include but not be limited to any of the elements mentioned in paragraph I (1). The Director shall submit the plan to the Committee which shall, upon approval of a plan, meet with the evaluated member and specify the terms and conditions of the plan with which the member must comply. If the member fails to consent, fails to adhere to, or otherwise fails to satisfactorily complete the remedial plan, the member shall be subject to removal from the Program as set forth herein below. J. Suspension, Reclassification, and Removal (1) Administrative Suspension A member may be subject to administrative suspension from rotation, downward reclassification, or removal from the Program for any of the following reasons: a) Failure to abide by CAAP Rules and Regulations including but not limited to acceptance of a case for which the panel member is not qualified and fails to promptly notify CAAP; b) Signing a certificate, statement or payment declaration under penalty of perjury which shall be found to be untrue in any material aspect; c) Repeatedly submitting Fee Declarations which do not comply with billing guidelines; d) Failure to handle any court appointed cases with professional competence and diligence; Page 7 of 13

8 e) Inability to function as an effective criminal defense attorney; f) Persistently or repeatedly incurring sanctions in any court in Alameda County; g) Persistently or repeatedly failing to appear in any matters pending before the courts in Alameda County for which the member is counsel of record; h) Lack of professional conduct and demeanor towards other counsel, the court, ACBA staff or clients; i) Failure to consent to a remedial plan of action following an adverse evaluation; j) Failure to satisfactorily adhere to or complete a remedial plan of action following an adverse evaluation; k) Failure to pay the annual membership fee and submit a signed renewal declaration by January 31 of each year; l) Any discipline by the State Bar in the immediately preceding 12 months, including, but not limited to, probation, suspension and disbarment; or failure to pay State Bar dues; m) Rendered unable to practice with professional competence due to physical or mental disability, infirmity, or substance abuse; n) Failure to promptly remit any reimbursement due to the County of Alameda arising from overpayment in court appointed cases or PC Special Expense Claims; o) For such other good cause as may be determined by the Committee to be in the best interests of the Program. (2) Upon notice to the Program of any of the foregoing, a member may be administratively suspended by the CAAP Director from receiving further appointments. The Director shall report suspensions at the subsequent regular Committee meeting. K. Rules for Suspension, Removal or other Disciplinary Action from Alameda County Bar Association Approved by the ACBA Board of Directors on February 3, 2009 Revised by the ACBA Board of Directors on November 3, 2009 Revised by the ACBA Board of Directors on January 12, Definition of Terms a. Director The CAAP Director b. Notice Any Notice under these rules shall be given in writing and shall be deemed to have been given when deposited with the United States Postal Service, first class postage prepaid and addressed to the panel member at the address of record with the ACBA. Page 8 of 13

9 c. Program Administrator The LRS Program Administrator hereinafter referred to as PA. d. QAS (Quality Assurance Subcommittee) A group of three individuals comprised of the chairs of the CAAP and LRS Committees and a Vice-Chair of either CAAP or LRS which provides the first level of review in determining the suspension, removal or other disciplinary actions relating to panel members. e. Reinstatement Following removal, the panel member s return to the CAAP or LRS. f. Removal Ending a panel member s participation in CAAP or LRS. g. Review Examination of documents and materials relating to actions relevant to a panel member s participation in and possible removal or suspension from the CAAP or LRS. h. Suspension Temporary (i.e. for a specified period of time) or interim (i.e. pending further action) removal from a panel, subject matter panel, panel rotation, list, schedule or other source of referrals from the CAAP or LRS. 2. Initial Investigation Upon receipt of any complaint of a rule violation, or indication of poor performance by a panel member, an inquiry will be made by the Director (CAAP) or PA (LRS). After the initial inquiry is completed, staff will determine whether the matter warrants any further action. If the matter is determined to be of a more serious nature, further investigative actions will be taken. 3. Notice of Suspension If deemed necessary by the Director, in consultation with the Committee, a written Notice of Suspension will be sent to the offending panel member, and the QAS. The Notice of Suspension will summarize the factual basis for the suspension, cite any applicable Rule(s) violation(s), the effective date of suspension and state the possible disciplinary action up to and including removal from the panel(s). 4. Quality Assurance Subcommittee Review The composition of the QAS will consist of three individuals, namely, the current Chairs of the LRS Governing and CAAP Advisory Committees and a Vice-Chair of either committee. If a member of the QAS is unavailable, or if a conflict of interest should arise with a member of the QAS, then the Board Liaison of either committee, depending upon availability, will serve on the QAS. No more than one member of the QAS shall be an active member of the same panel as the offending panel member. Whenever an attorney panel member has been notified of a suspension, the following rules and procedures shall apply: A. Request for a Hearing or Written Rebuttal Any panel member who desires to have a hearing after Notice of Suspension shall, within fifteen (15) calendar days of the date of service of the Notice of Suspension make a written request for a hearing to the Director for CAAP or the PA for LRS together with a written rebuttal to the alleged violations and any supporting materials and arguments. The panel member s request for hearing shall be deemed to have been given when deposited with the United States Postal Service, first class postage prepaid and addressed to the ACBA. Page 9 of 13

10 If the panel member makes a request for hearing as provided in this rule, the hearing shall be conducted by the QAS at a time to be specially determined, but not later than thirty (30) calendar days from receipt of the request for hearing. Extensions of time may be granted upon the express written consent of the QAS and the panel member. The panel member shall be given Notice of the date and time of the hearing no fewer than fifteen (15) calendar days prior to the hearing and shall be advised of the amount of time allotted for the proceeding. If no request for hearing is made as provided in this rule, no rebuttal is submitted by the panel member, or both, the QAS will review the matter and will issue a written decision within the next thirty (30) calendar days, regarding the status of the panel member. The written decision will include factual findings, any applicable Rule(s) violations, and the disciplinary action imposed, if any. The QAS decision shall be final and there shall be no further right of review or appeal by the panel member. B. Rules Applicable at the Hearing The QAS shall elect one of its members present to preside at the hearing. Staff may present evidence and/or witnesses in support of the allegations in the Notice of Suspension and may question witnesses called by the panel member. The panel member or his/her representative may present evidence and/or witnesses in defense or mitigation and may question witnesses called by staff. The proceedings shall be audio and/or video recorded and/or reported by a certified shorthand reporter by the ACBA. If a panel member requests a copy of the audio and/or video recording and/or the services of a certified court reporter, the panel member shall bear all costs thereof, including a transcript copy for use by the QAS. The technical rules of evidence shall not apply. The presiding committee member will determine the manner in which the hearing shall be conducted. The decision of the QAS ( QAS Decision ) shall be reached by a majority of those voting. The panel member will be given Notice of the QAS Decision within ten (10) calendar days of the hearing. If removed, the panel member s eligibility to re-apply for panel membership, if any, will be set forth in the QAS Decision. The QAS Decision will also include factual findings that form the basis for the decision, any applicable Rule(s) violations, and the disciplinary action imposed, if any. C. Grounds for Suspension, Removal, and Other Disciplinary Action A panel member may be removed or suspended from the panel, or otherwise disciplined to any lesser extent, upon a determination that: a. The member has violated any Rule of Professional Conduct of the State Bar of California; or b. The member has violated any Rule of LRS, CAAP, or other specific ACBA attorney panel to which the member belongs; or c. The member has been convicted of a crime. D. Continued Eligibility in other ACBA Programs Page 10 of 13

11 Any panel member who is suspended for disciplinary reasons from any other attorney panel of the ACBA will likewise be suspended from participating in any other panel program for the duration of the suspension. A panel member who has been removed for disciplinary reasons from any other attorney panel of the ACBA, shall be automatically removed from and ineligible to participate in, or be accepted to, any other ACBA attorney panel program. Exceptions to this Rule may be granted by the QAS, upon request of the panel member, ACBA Board of Directors, ACBA staff, ACBA Committee, or any combination of the aforementioned. 5. Appeal of QAS Decision Following a hearing, if the panel member receives a Notice of Suspension, Removal, or Other Disciplinary Action from the QAS, he/she may appeal that decision in writing to the CAAP or LRS Committee within ten (10) calendar days of Notice of the QAS Decision. The appeal shall be submitted by mail to the Director or PA of the attorney panel program from which the Notice of Suspension, Removal or Other Disciplinary Action originated. If there is more than one panel program from which the attorney is being disciplined, the QAS shall decide which Committee shall hear the appeal. The Director or PA may appeal the QAS Decision to the CAAP or LRS Committee within ten (10) calendar days of Notice of the QAS Decision. Notice of the appeal will be mailed to the QAS committee member who presided over the hearing, and shall be deemed to have been given when deposited with the United States Postal Service, first class postage prepaid, at the address of record with ACBA of the presiding QAS committee member. If the QAS Decision is appealed as provided herein, the appropriate Committee shall then conduct a hearing within the next three regularly scheduled Committee meetings. The panel member shall have another opportunity to be heard; however, the scope of the Committee s review will be limited to the information and testimony submitted at the QAS hearing and no additional information or testimony may be presented or received. The Director or PA will provide at least fifteen (15) calendar days Notice in writing to the panel member of the date, time and location of the Committee meeting. Any decision by the CAAP or LRS Committee shall be reached by a majority of those voting. The panel member will be provided Notice of the decision ( Committee Decision ) within ten (10) calendar days of the meeting. The Committee Decision will also include factual findings that form the basis for the decision, any applicable Rule(s) violations and the disciplinary action imposed, if any. If the panel member does not appeal the QAS Decision as provided in these Rules within ten (10) calendar days of the date of the Notice of QAS Decision, the suspension, removal, or other disciplinary action will be final. 6. Appeal of Committee Decision The Committee Decision may be appealed to the ACBA Board of Directors ( the Board ) by the panel member, Director or PA within ten (10) calendar days of the date of the Notice of Committee Decision. The request for appeal shall be submitted to the ACBA Board President, and shall be deemed to have been made when deposited with the United States Postal Service, first-class postage prepaid, so addressed. It is the Appellant s responsibility to pay for and have the transcript and record of the QAS hearing prepared. Page 11 of 13

12 The Board shall then review the matter within the next three (3) regularly scheduled Board meetings. The scope of that review will be limited to the information and testimony submitted at the QAS hearing and no additional information or testimony may be presented or received. The ACBA will provide at least fifteen (15) calendar days Notice to the panel member of the Board meeting. Any decision by the Board ( Board Decision ) shall be reached by a majority of those voting. The panel member will be given Notice of the Board Decision within ten (10) calendar days of the issuance. The Board Decision will include factual findings that form the basis for the decision, any applicable Rule(s) violation(s) and the disciplinary action imposed, if any. The Board Decision is final. If no appeal from the Committee Decision is requested, within the ten (10) calendar day deadline, the Committee Decision will be final. 7. Role of the ACBA Board of Directors The ACBA Board of Directors ( Board ) may, at any time on its own motion, or at the request of the Director or PA, in its sole discretion remove the proceedings to the Board at any stage and decide the matter, upon Notice to the parties as provided in these Rules. If there has not been a QAS hearing, the Board shall give Notice of and conduct the hearing in the manner set forth in Rule 4(b) above. If there has been a hearing, the Board shall review the record from that hearing, in accordance with the provisions of Rules 5 and 6 above. As noted in the ACBA By-laws, the Administrative Committee can act on behalf of the Board under these Rules. The Board Decision is final. L. Resignation from Panel (1) A member may withdraw from the Program at any time upon written notice to the Director but no portion of the membership fee paid to the Program will be returned, nor will any unpaid fee due the Program be discharged. The member resigning will be expected, whenever possible, to complete the cases to which the member has been appointed. M. Attorneys' Fees and Expenses (1) As a condition of participation in the Court Appointed Attorneys Program, panel members shall agree to handle all cases to which they are appointed according to the fee schedule in effect. (2) Reasonable and necessary expenses incurred during the course of representation of a defendant shall be reimbursed only on prior approval by the CAAP Director. In certain circumstances, fee/cost requests may require additional review by the Committee. Investigation and Expert hourly fees are limited as set forth in the Fee Schedule. Extraordinary requests shall be considered on an individual basis. Expenses which may be incurred during the course of a trial or juvenile hearing must receive prior approval by the CAAP Director or a Committee member. No payments shall be allowed for travel expenses or travel time of the attorney, telephone calls, parking fees or normal overhead expenses unless special or unusual circumstances exist which, in the opinion of the CAAP Director and Page 12 of 13

13 Committee, justifies payment of such expenses. (3) The procedure to be followed for filing special expense claims in capital cases is as follows: a) The panel attorney in a capital case shall secure a Court Order for expenses pursuant to Penal Code Section and present the Order to the Auditor-Controller's office for payment. (4) Declarations for fees shall be subject to the following provisions: a) The Committee shall adopt standard declaration under penalty of perjury forms for the payment of fees and expenses, hereinafter referred to as "declarations." b) Members shall thoroughly acquaint themselves with the correct manner in which to complete and submit the declarations. Declarations which are incomplete, inaccurate, or illegible shall be returned unpaid. Repeated failure to accurately and completely submit fee declarations is grounds for summary suspension. c) The CAAP Director and/or Committee shall review all such declarations to determine whether or not they should be approved or modified. Members shall be notified by the Program of any substantial fee modifications to submitted declarations. If the member wishes to dispute the modified declaration, they shall resubmit the declaration with written explanation to the Director. The CAAP Director shall be given administrative authority to resolve all financial disputes in amounts up to $300 without further review by the Committee. If the dispute exceeds $300 and is not resolved to the satisfaction of the member, the member may thereafter submit a written request on the CAAP appeal form for a hearing before the CAAP Committee as set forth in these rules. The Committee s decision concerning all financial disputes in the amount of $1,000 or less shall be final. d) If an attorney wishes to withdraw from a case with court approval, the Committee may decline to authorize payment or may authorize payment of such fees as circumstances warrant, given the status of the case at the time of withdrawal. N. Amendments (1) The Director and CAAP Advisory Committee have a continuing responsibility to seek ways and means of improving the fairness and efficiency of CAAP and the quality of the legal services provided, and shall from time to time recommend such changes and additions to these Rules as may be deemed appropriate to that end. (2) These Rules are promulgated by the Alameda County Bar Association acting by and through its duly constituted Board. The Board may change or amend any rule or provision herein at any time without the necessity of giving prior notice. Page 13 of 13