Open for Comment: Certification Process for State Capital Counsel Systems
Open for Comment: Certification Process for State Capital Counsel Systems
Justice Department — Chapter 154 of title 28, United States Code, provides special procedures for federal habeas corpus review of cases brought by prisoners in state custody who are under a sentence of death. The special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in state postconviction proceedings brought by indigent prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule would remove impediments to certification that chapter 154 does not authorize and would enable more prompt decisions on States’ requests for certification. (57 days remaining)
Type: comment-period | Source: federalregister.gov
Structured Data
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"data": {
"documentNumber": "2026-05134",
"title": "Certification Process for State Capital Counsel Systems",
"summary": "Chapter 154 of title 28, United States Code, provides special procedures for federal habeas corpus review of cases brought by prisoners in state custody who are under a sentence of death. The special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in state postconviction proceedings brought by indigent prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule would remove impediments to certification that chapter 154 does not authorize and would enable more prompt decisions on States' requests for certification.",
"agency": "Justice Department",
"commentUrl": "http://www.regulations.gov/commenton/DOJ-OAG-2026-0034-0001",
"commentsCloseOn": "2026-05-15",
"daysUntilClose": 57,
"url": "https://www.federalregister.gov/documents/2026/03/16/2026-05134/certification-process-for-state-capital-counsel-systems"
},
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"url": "https://www.federalregister.gov/documents/2026/03/16/2026-05134/certification-process-for-state-capital-counsel-systems",
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