Notice2022-18252
Arizona Chapter 154 Certification Review; Notice regarding Arizona's June 2022 Response
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 25, 2022
Issuing agencies
Justice Department
Abstract
This notice advises the public that the State of Arizona has provided additional information about its capital counsel mechanism, and solicits public comment on that supplemental information.
Full Text
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<title>Federal Register, Volume 87 Issue 164 (Thursday, August 25, 2022)</title>
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[Federal Register Volume 87, Number 164 (Thursday, August 25, 2022)]
[Notices]
[Pages 52416-52417]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-18252]
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DEPARTMENT OF JUSTICE
[OLP Docket No. 174]
Arizona Chapter 154 Certification Review; Notice regarding
Arizona's June 2022 Response
AGENCY: Department of Justice.
ACTION: Notice.
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SUMMARY: This notice advises the public that the State of Arizona has
provided additional information about its capital counsel mechanism,
and solicits public comment on that supplemental information.
DATES: Written and electronic comments must be submitted on or before
October 24, 2022. Comments received by mail will be considered timely
if they are postmarked on or before that date. The electronic Federal
Docket Management System (FDMS) will accept comments until Midnight
Eastern Time at the end of that day.
ADDRESSES: To ensure proper handling of comments, please reference
``Docket No. OLP 174'' on all electronic and written correspondence.
The Department encourages that all comments be submitted electronically
through <a href="http://www.regulations.gov">http://www.regulations.gov</a> using the electronic comment form
provided on that site. Paper comments that duplicate the electronic
submission should not be submitted. Individuals who wish to submit
written comments may send those to the contact listed in the FOR
FURTHER INFORMATION CONTACT section immediately below.
FOR FURTHER INFORMATION CONTACT: Robert Hinchman, Senior Counsel,
Office of Legal Policy, U.S. Department of Justice, 950 Pennsylvania
Avenue NW, Washington, DC 20530; telephone (202) 514-8059.
SUPPLEMENTARY INFORMATION: Chapter 154 of title 28 of the United States
Code (chapter 154) provides special procedures for federal habeas
corpus review of cases brought by prisoners in State custody who are
subject to capital sentences. These special procedures may be available
to a State only if the Attorney General of the United States has
certified that the State has established a qualifying mechanism for the
appointment, compensation, and payment of reasonable litigation
expenses of competent counsel in State postconviction proceedings for
indigent capital prisoners. 28 U.S.C. 2261, 2265; 28 CFR part 26.
By letter dated April 13, 2020, the State of Arizona was notified
of former Attorney General William Barr's certification of Arizona's
capital counsel mechanism under chapter 154, and the statement of
certification and supporting analysis (Certification) was published in
the Federal Register on April 14, 2020 (85 FR 20705). As permitted by
chapter 154, a group of Arizona capital prisoners and the Arizona
Federal Public Defender's Office instituted a petition for review of
the Certification on April 29, 2020 in the U.S. Court of Appeals for
the District of Columbia Circuit. See 28 U.S.C. 2265(c). On February
10, 2021, the U.S. Department of Justice (Department) informed the
court that then-Acting Attorney General Monty Wilkinson had determined
that aspects of the Certification may benefit from further
consideration or further development of the record. On April 28, 2021,
the Department moved for a voluntary remand of the Certification to
facilitate further development of the administrative record and
reconsideration of the Certification by Attorney General Merrick
Garland. The court granted that motion on May 26, 2021. Office of the
Federal Public
[[Page 52417]]
Defender for the District of Arizona v. Garland, No. 20-1144, Doc.
1900251 (D.C. Cir.).
Thereafter, the Department sent a letter dated October 12, 2021, to
Arizona requesting that the State provide answers to a number of
questions that had arisen during the Department's ongoing review of the
Certification. This notice advises the public that the State of Arizona
has submitted additional information in response, in a letter dated
June 24, 2022, and solicits public comment on that supplemental
information. The correspondence with Arizona, including its letter of
June 24, 2022, may be viewed at <a href="https://www.justice.gov/olp/pending-requests-final-decisions">https://www.justice.gov/olp/pending-requests-final-decisions</a>.
Dated: August 18, 2022.
Hampton Y. Dellinger,
Assistant Attorney General.
[FR Doc. 2022-18252 Filed 8-24-22; 8:45 am]
BILLING CODE 4410-BB-P
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</html>Indexed from Federal Register on August 25, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.