Federal Capital Prosecutions

At the outset of every federal capital prosecution, as required by 18 U.S.C. § 3005, courts shall appoint two attorneys, at least one of whom is experienced in and knowledgeable about the defense of capital cases. More than two attorneys may be appointed to represent a defendant in a capital case in exceptional circumstances where good cause is shown. [Guide, Vol. 7, § 620.10.10]

• 18 U.S.C. § 3599(b) further provides (with respect to appointment before judgment) that at least one of the attorneys appointed must have been admitted to practice in the court in which the case will be prosecuted for not less than 5 years, and must have had not less than 3 years experience in the actual trial of felony prosecutions in that court.
• 18 U.S.C. § 3599(c) further provides (with respect to appointment after judgment) that at least one of the attorneys appointed must have been admitted to practice in the court of appeals for not less than 5 years, and must have had not less than 3 years experience in the handling of appeals in felony cases in that court.

Capital Habeas Corpus Proceedings

For capital habeas corpus proceedings, a financially eligible person seeking to vacate or set aside a death sentence in proceedings under 28 U.S.C. § 2254 or 28 U.S.C. § 2255 is entitled, under 18 U.S.C. § 3599(a)(2), to appointment of one or more qualified attorneys. Due to the complex, demanding, and protracted nature of death penalty proceedings, judicial officers should consider appointing at least two attorneys. [Guide, Vol. 7, § 620.10.20]