Applying to the Panel |
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Instructions for Application For Appointment in the First Appellate District We would like to introduce the First District Appellate Project (FDAP), and to give you an overview of the procedures required by the Court of Appeal, First Appellate District, in appointed cases. A link to an application form can be found at the bottom of this page. The form requires an original signature, so it must be completed and returned to FDAP by mail if you wish to apply to receive appointed cases in the First District. If you would like FDAP to mail a print version of the application to you, please use our contact form or call 415-495-3119. FDAP is a non-profit corporation created at the request of the Court of Appeal. Under a contract with the court, FDAP administers the appointment process and provides assistance to attorneys handling appointed cases. FDAP is responsible for classifying all appointed attorneys and cases, and recommending to the court the appointment of the attorney in each case. FDAP is also responsible for evaluating attorneys on the panel on an ongoing basis, to decide what further cases, if any, the attorney will receive and whether the attorney shall remain on the panel. Some of the cases are classified by FDAP as "assisted." In these cases the record comes to FDAP from the superior court. An experienced attorney on FDAP's staff reviews selected portions of the record and prepares a memo to the appointed attorney, noting possible appellate issues and suggesting recent cases or other authority to help the appointed attorney in his or her research. Both this memo and the full record are transmitted to the appointed attorney. The FDAP attorney then consults with the appointed attorney about the case, reads a draft of the opening brief, and consults with the appointed attorney about subsequent stages of the case. FDAP also receives the attorney's claim for compensation and recommends a fee. In other cases, experienced panel attorneys are assigned cases designated "independent." In those cases the appointed attorney receives the record directly. The attorney is encouraged to seek advice from FDAP as needed. In independent cases, as with assisted cases, FDAP evaluates the attorney's work and receives the attorney's compensation claim and recommends compensation. The appointed attorney in independent cases must send FDAP a copy of every document filed in the case, and must confer with FDAP before filing a no-merit (Wende/Anders) brief. When a case is assigned to you, we will at that time provide a more detailed explanation of the FDAP procedures used in the case. However, before you can receive any appointments through the First District appointment panel, the application must be received and evaluated by us, and you must be admitted to the panel. As noted on the application, you must submit writing samples with the application consisting of two appellate briefs, along with the Attorney General's brief in one of the two cases; attorneys without appellate experience should submit other writing samples. Please be advised that we receive a large volume of panel applications. Review of your application may not occur for several weeks after we receive it, and a delay of about two months at this stage is not unusual. Applicants can be admitted, depending upon their experience and the quality of their writing samples, and depending upon our needs (such as our ratio of panel attorneys to caseload, concentrations of attorneys in certain counties and at certain levels of experience, the need for attorneys with certain areas of expertise, and the amount of assistance we can provide to panel attorneys). Also, even if you are accepted to the panel, it may be a while before your name comes up in the rotation for cases. These delays do fluctuate, but we want you to be aware this process may take some time. Be advised that admission to the First District appointment panel does not entitle you to any particular number or kind of cases or to continue to be listed on any particular appointment panel within the First District; since its inception in 1986 the First District Appellate Project has been under contract with the Court of Appeal to carry out the functions stated in rule 76.5, including the following provision of rule 76.5(c): "[Evaluation] The court shall review and evaluate the performance of appointed counsel to determine whether counsel's name should remain on the same appointment list, be placed on a different list, or be deleted." We very much look forward to working with you. We hope we share the same goals of providing the very best representation possible in indigent appeals, and attempting to ensure that attorneys handling the appeals have available to them helpful resources to augment their own diligent efforts. Panel Application The application itself is available below in Word, WordPerfect, a PDF version you can fill out online (except for the signature), and a PDF version for printing and completing by hand or typewriter. Whichever version you use, you must sign it and submit the original to FDAP by mail or delivery. (We cannot accept completed applications by email or fax.) First District Appellate Project
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