In appointing qualified counsel in federal capital prosecution cases, 18 U.S.C. § 3005 requires the court to consider the recommendation of the federal public defender, or, if no such organization exists in the district, of the Office of Defender Services (ODS), Administrative Office of the U.S. Courts (AO). In districts served by community defender organizations, courts should consult with that federal defender organization.

See the Guide, Vol. 7, §§ 620.30 (a)-(c) and the Guide, Vol. 7, Appendix 6A, Recommendations Concerning the Cost and Quality of Defense Representation, Recommendation 2. As a matter of policy, similar consultation should occur with respect to appointment of qualified counsel in federal capital appeals and capital habeas corpus proceedings.