Department of Justice Proposes Rule to More Quickly Achieve Justice in State Death Penalty Cases

Attorney General Pamela Bondi today announced that the Justice Department has proposed a rule that will empower states to streamline federal habeas review of capital cases. These reforms will reduce by years the period between conviction and execution in state capital cases. “This proposed rule will help states achieve the promise of swift and effective justice for victims of capital crimes,” said Attorney General Pamela Bondi. “We are fulfilling the Department of Justice’s commitment to restoring the death penalty as the ultimate punishment for the worst criminals in America.” In Chapter 154 of Title 28 of the United States Code, Congress established an accelerated process for the review of federal habeas petitions arising from State capital cases, which otherwise can languish for years at various stages of federal adjudication. The expedited process is available to states that the Attorney General has certified as having established a postconviction capital counsel process including the appointment, compensation, and payment of reasonable litigation expenses of competent counsel. Since the law’s enactment in 1996, and amendment in 2006, no state has taken advantage of these streamlined procedures—in large part due to the Department’s imposition of additional and heightened barriers on certification. The proposed rule, once finalized, will eliminate these obstacles to certification, enabling more prompt decision of States’ requests for certification. It also will make certification decisions final as opposed to a five-year limited term—a reform that should encourage more states to apply for certification. The proposed rule advances President Trump’s January 20 executive order Restoring the Death Penalty and Promoting Public Safety and its mandate to ensure that the laws that authorize capital punishment are respected and faithfully implemented and Attorney General Bondi’s promise in her February memorandum Reviving the Federal Death Penalty and Lifting the Moratorium on Federal Executions to assist States in prosecuting capital crimes and implementing death sentences. The public is invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule through the methods outlined in the Federal Register notice.