Death Penalty Representation Project
The American Bar Association created the Death Penalty Representation Project in 1986. Our goals are to raise awareness about the lack of representation available to death row inmates, to address this urgent need by recruiting competent volunteer attorneys and to offer these volunteers training and assistance. We also work for systemic changes in the criminal justice system that would assure those facing death are represented at all stages of the proceedings from trial through clemency by qualified, adequately compensated counsel.
See more about our work as featured in the American Lawyer and The Washington Post.
The Need for Pro Bono Representation in Post-Conviction Cases
While each individual has the right to seek post-conviction relief, there is no federal constitutional guarantee that a lawyer will be appointed in state post-conviction proceedings. As a consequence, many prisoners on death row throughout the country lack counsel to challenge their convictions and death sentences. Many more have been appointed attorneys who lack the training, experience, or resources to provide effective representation.
EDITOR OF THE AMERICAN LAWYER URGES FIRMS TO TAKE PRO BONO DEATH PENALTY CASES
How can you help
Civil law firms throughout the country, large and small, have agreed to provide pro bono representation to indigent prisoners. To read more about their successes, click here. For more information on volunteering as pro bono counsel to inmates on death row, please call us at (202) 662-1738 or send an e-mail to deathpenaltyproject@staff.abanet.org.
Please consider showing your support for our work by making a donation to the Death Penalty Representation Project. In addition to seeking lawyers for prisoners, we also endeavor to provide expert guidance, resources and training to pro bono lawyers and law firms. Your financial assistance will help us continue to provide resources and information to pro bono attorneys that work on death penalty cases. For more information on making a contribution, contact us or view our brochure.
22nd Anniversary & Volunteer Recognition Event
This year the Project will celebrate its dedicated volunteers at the 22nd Anniversary & Volunteer Recognition Event in New York City on September 9, 2008. Pro bono firms are nominated by their colleagues for exceptional service to prisoners on Death Row and honored with our award. Previous award honorees have included WilmerHale LLP, Mayer Brown LLP, Sidley Austin LLP, Covington & Burling LLP, Jenner & Block LLP, King & Spalding LLP, and Skadden Arps LLP.
To be eligible for the award, we must receive a completed Application and a Letter of Nomination for each nominee no later than July 25, 2008. Please download the application here. Please submit eight (8) copies of each nomination and supporting materials by mail to Katie Hughes at the following address:
ABA Death Penalty Representation Project
22nd Anniversary Event Awards Nomination
740 Fifteenth Street, N.W.
Washington, D.C. 20005
News
The Spring 2008 edition of the Death Penalty Representation Project's newsletter was recently published. To view the first issue of Project Press, please go here.
On January 4, 2008 the Nevada Supreme Court issued new standards for capital cases that substantially conform with the 2003 ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. The court acted upon recommendation of a commission formed to review problems in the system and in response to the growing caseload of public defenders. Read the Nevada Indigent Defense Standards of Performance here.
The Death Penalty Clinic at Berkeley School of Law has developed a /Baze v. Rees/ Resource Kit, which can be accessed online. This resource kit provides extensive information on the lethal injection issue, including an issue overview and Q & A, summaries of the amicus briefs filed in Baze v. Rees, the drugs and the process used, and a history of Lethal Injection. To view the information, please click here.
The Project’s recent efforts included recruitment of volunteer law firms to submit amicus briefs in support of the petitioner in Baze v. Rees (07-5439), a case regarding the constitutionality of the current lethal injection procedures. To view the briefs and updated submissions please click here.
The Death Penalty Representation Project hosted its 21st Anniversary & Volunteer Recognition Event in Chicago on September 26, 2007. The two firms honored were Mayer Brown LLP and Wilmer Cutler Pickering Hale and Dorr LLP. Click here to see pictures of the event.
The ABA expressed concerns last month about a proposed rule that is intended to implement Section 507 of the USA PATRIOT Improvement and Reauthorization Act of 2005. That section of the law offers a drastically streamlined habeas corpus review in death penalty cases to states in exchange for improvements in their post-conviction defense processes. In comments submitted Aug. 25 to the Department of Justice, the ABA stated that while the association has not taken a position on whether Section 507 is good policy, the association believes that the department ignores key aspects of the legislation in its proposed rule. According to the ABA, the proposed rule “would allow states to obtain streamlined review without ensuring that capital defendants receive competent counsel (or that such counsel is appropriately compensated) in post-conviction proceedings. Calling the proposed rule "deeply and fundamentally flawed, the association said that, in addition to ignoring significant aspects of the statute as well as established legal benchmarks for how key terms are to be understood and defined, the proposed rule fails to establish uniform standards regarding the content of state applications as well as the criteria the attorney general is to utilize in evaluating applications. In addition, the proposed rule’s notice, comment and review procedures for the applications fall well below agency rulemaking standards under the Administrative Procedure Act as well as the Due Process Clause, the comments said. The comments also recommend that the ABA’s Guidelines for the Appointment and Performance of Counsel in Death Penalty Cases be incorporated into the evaluation process to add objectivity. View the comments here.
During its annual meeting in San Francisco, the American Bar Association presented its Pro Bono Publico Award to Sidley Austin. To view the article published by The New York Law Journal, please click here.
The New York Times recently published the article "Study of Wrongful Convictions Raises Questions Beyond DNA" discussing DNA exonerations in capital cases. To view the article, please click here.
"The Champion recently addressed the ABA Ethics Commission opinion concerning defender caseloads in capital cases. To view the article, please click here and to view the ABA Formal Opinion, please click here."
On Monday, May 7th, the ABA Death Penalty Representation Project hosted a delegation of Chinese judges and scholars to discuss death penalty reform. Click here to view pictures from the event.
On Friday, February 23rd, on Minnesota Public Radio, Robin Maher discussed how lawyers can volunteer to represent a death row prisoner. Click here to listen to the program.
Arrivals and Departures:
Katie Hughes joins us from North Carolina as the new Project Assistant. Best wishes and thanks to Allison Canavan in her future endeavors!
