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28 U.S.C. § 2265Certification and judicial review

submitted 20 years ago by Pub. L. 109-177 to r/title-28-JUDICIARY-AND-JUDICIAL-PROCEDURE · 256 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets the Attorney General’s certification process for state counsel systems in capital post-conviction cases. It assigns review to the District of Columbia Circuit and requires de novo review.

(a) Certification. (1) At an appropriate state official’s request, the Attorney General must determine (A) whether the State has a system for appointing, paying, and covering reasonable litigation expenses of competent counsel for indigent prisoners sentenced to death in state post-conviction proceedings; (B) when that system was established; and (C) whether the State has competency standards for appointing that counsel. (2) The system’s establishment date is the certification’s effective date. (3) Certification and application of this chapter have no requirements beyond those expressly stated here. (b) Regulations. The Attorney General must issue regulations implementing certification. (c) Review. (1) The Attorney General’s certification decision may be reviewed only as chapter 158 provides. (2) The D.C. Circuit has exclusive jurisdiction, subject to Supreme Court review under § 2350. (3) Review is de novo.
the actual law source: uscode.house.gov ↗public domain
(a)Certification.—
(1)In general.—

If requested by an appropriate State official, the Attorney General of the United States shall determine—

(A)

whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;

(B)

the date on which the mechanism described in subparagraph (A) was established; and

(C)

whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).

(2)Effective date.—

The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.

(3)Only express requirements.—

There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.

(b)Regulations.—

The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).

(c)Review of Certification.—
(1)In general.—

The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.

(2)Venue.—

The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title.

(3)Standard of review.—

The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.

Source credit: (Added Pub. L. 109–177, title V, § 507(c)(1), Mar. 9, 2006, 120 Stat. 250.)

history & why it existsrecord from the source credit
  • 2006Enacted · Pub. L. 109-177 · 120 Stat. 250

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-177 on 2006-03-09.

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