Certification Process for State Capital Counsel Systems

Document 2026-05134 is a Proposed Rule published by the Department of Justice in the Federal Register on March 16, 2026. Chapter 154 of title 28, United States Code, provides special procedures for federal habeas corpus review of cases brought by prisoners in state custody who are under a sentence of death. The special procedures are available to States that the Attorney General has certified as having established mechanisms for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in state postconviction proceedings brought by indigent prisoners, and as providing standards of competency for the appointment of counsel in these proceedings. This rule would remove impediments to certification that chapter 154 does not authorize and would enable more prompt decisions on States' requests for certification. View the original at https://www.federalregister.gov/documents/2026/03/16/2026-05134/certification-process-for-state-capital-counsel-systems.

No. Document 2026-05134 is not classified as economically significant under Executive Order 12866. Economically significant rules require OIRA review and are estimated to have impacts of $100 million or more per year.