View Rule

View EO 12866 Meetings Printer-Friendly Version     Download RIN Data in XML

DOJ/LA RIN: 1105-AB80 Publication ID: 2026 
Title: ●Certification Process for State Capital Counsel Systems 
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.

 
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   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  03/16/2026  91 FR 12525   
NPRM Comment Period End  05/15/2026 
Final Rule  11/00/2026 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Levi Lall
Counsel
Department of Justice
Legal Activities
950 Pennsylvania Ave., NW, Room 4234,
Washington, DC 20530
Phone:202 598-0771