Short Name: Appointment and Compensation of Capital Post-Conviction Counsel
Year Adopted: 1979
Meeting Where Adopted: Mid-Year
Policy Number:
Subjects: Death Penalty, Post-Conviction/Habeas Corpus, Indigent Defense Systems, Appointment of Counsel, Counsel Compensation
Resolution Text:
Be It Resolved, That the American Bar Association recommend that the United States Supreme Court adopt a rule providing for appointment of counsel to prepare petitions for discretionary review of state court convictions, including appropriate postconviction or clemency petitions if necessary, in death penalty cases where the defendant cannot afford to hire counsel; and
Be It Further Resolved, That the American Bar Association offer to assist the United States Supreme Court in identifying qualified attorneys who are willing to accept appointment to prepare and file a petition for discretionary review in state death penalty cases, and to urge the Court to begin making appointments in state death penalty cases immediately; and
Be It Further Resolved, That the American Bar Association recommend to Congress that the Criminal Justice Act (18 U.S.C. § 3600A) be amended to provide for the payment of adequate compensation to counsel appointed by the United States Supreme Court to prepare and file petitions for discretionary review in state death penalty cases.
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