Data / Federal rules / 2026-05134
Certification Process for State Capital Counsel Systems
The Justice Department published this proposed rule in the Federal Register on March 16, 2026. Comments closed on May 15, 2026.
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What the agency says
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.
Key facts
- Document number
- 2026-05134
- Type
- Proposed rule
- Action
- Notice of proposed rulemaking
- Agency
- Justice Department
- Published
- March 16, 2026
- Comments due
- May 15, 2026
- Dates
- Written and electronic comments must be sent or submitted on or before May 15, 2026. Comments received by mail will be considered timely if they are postmarked on or before the last day of the comment period. The electronic Federal Docket Management System will accept electronic comments until midnight Eastern Time at the end of that day.
- Docket
- Docket No. OAG198; AG Order No. 6678-2026
- Regulation ID (RIN)
- 1105-AB80
- Code of Federal Regulations
- 28 CFR 26
- Topics
- Law enforcement officers; Prisoners
- Pages
- 8
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Everything from the Justice Department · Rules on law enforcement officers · Rules on prisoners · Published in March 2026
Read from the Federal Register API, last updated 2026-10-23. The document on federalregister.gov is the official record; dates and dockets can change through later corrections. Free to reuse with credit to SpecStream under CC BY 4.0.