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| DOJ/LA | RIN: 1105-AB80 | Publication ID: 2026 |
| Title: ●Certification Process for State Capital Counsel Systems | |
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Abstract:
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 in such cases, 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 enable more prompt decision of States’ requests for certification. The affected matters include competency and compensation of counsel, timeliness of appointment, the process for reviewing and deciding States’ requests for certification, and the finality of certification decisions. |
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| Agency: Department of Justice(DOJ) | Priority: Other Significant |
| RIN Status: First time published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
| Major: No | Unfunded Mandates: No |
| EO 14192 Designation: Deregulatory | |
| CFR Citation: 28 CFR 26 | |
| Legal Authority: 5 U.S.C. 301 18 U.S.C. 4001(b) 18 U.S.C. 4002 28 U.S.C. 509-510 28 U.S.C. 2261 28 U.S.C. 2265 | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Federalism: No | |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Levi Lall Counsel Department of Justice Legal Activities 950 Pennsylvania Ave., NW, Room 4234, Washington, DC 20530 Phone:202 598-0771 |
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