BJA FY 13 Capital Case Litigation Initiative

The purpose of the Capital Case Litigation Initiative (CCLI) (supported by 42 U.S.C. §14163 et seq.) is to provide high-quality training on death penalty issues to improve legal representation provided to indigent defendants charged with having committed capital crimes and to enhance the ability of prosecutors to effectively represent the public in state capital cases.

Eligible applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct, prosecutions in which capital punishment is sought. For the state agency to be eligible, its state must have an “effective system” for providing competent legal representation for indigent defendants in capital cases. An “effective system” is defined in 42 U.S.C. § 14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases: (A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases; (B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors; or (C) Pursuant to a statutory procedure enacted before the date of the enactment of the CCLI Act [October 30, 2002] under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity. Applicants must identify in the application (see page 10) which of these three qualifying “effective systems” their state has in place. Applicants that do not identify an “effective system” in their application will NOT be eligible for an award.