This section identifies applicable statutes and guidelines for the representation of eligible clients in federal capital cases, including federal capital prosecutions, capital appeals, and capital habeas corpus proceedings pursuant to 28 U.S.C. § 2254 and 28 U.S.C. § 2255.
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Questions about the appointment and compensation of counsel, and the authorization and payment for investigative, expert, and other services in federal capital cases should be directed to the Office of Defender Services (ODS), Administrative Office of the U.S. Courts (AO), Legal and Policy Branch Duty Day Attorney, at 202-502-3030.
The appointment and compensation of counsel and the authorization and payment for investigative, expert, and other services in federal capital cases are governed by 21 U.S.C. § 848(e), which was amended by the Antiterrorism and Effective Death Penalty Act of l996 (AEDPA), and recodified as 18 U.S.C. § 3599. The pertinent provisions of the AEDPA are applicable to federal capital prosecutions and capital habeas corpus proceedings commenced (pursuant to 28 U.S.C. § 2254 and 28 U.S.C. § 2255), and appeals perfected, on or after April 24, 1996. In federal capital prosecution cases, the appointment of counsel is also governed by 18 U.S.C. § 3005.
The Guide, Volume 7, Chapter 6 provides specific information regarding federal capital cases, including the appointment and compensation of counsel, and the authorization and payment for investigative, expert, and other services. Certain sections of Volume 7, Chapters 1, 2, and 3 also include pertinent information about capital cases.