OLP184 - Certification of Cap. Counsel Mech. FL and MS pub. 2026_04_29 at 91 FR 23116

The American Civil Liberties Union (ACLU) Foundation is opposing Florida's application for certification of its capital counsel mechanism. They argue that Florida's system is deficient, that the Attorney General's decision-making process is tainted by prosecutorial bias, and that granting certification would jeopardize the constitutional rights of indigent capital defendants.

Floridians for Alternatives to the Death Penalty (FADP) opposes Florida's request for certification under 28 U.S.C. § 2265. They argue that Florida has failed to demonstrate that its capital postconviction representation system is functionally adequate, relying instead on mere procedural formalities while facing an unprecedented pace of executions and a history of exonerations.

Advancing Real Change, Inc. (ARC), a national nonprofit organization, opposes Florida's request for certification under 28 U.S.C. § 2265. They argue that Florida has failed to provide concrete evidence that its capital post-conviction system provides timely counsel, adequate competency standards, sufficient compensation, or reasonable litigation expenses for defendants.

The Offices of the Federal Public Defender for the Northern and Middle Districts of Florida’s Capital Habeas Units are opposing the certification of Florida under Chapter 154 of Title 28, United States Code. They argue that Florida fails to meet the statutory requirements for certification because it does not provide timely, competent, or adequately compensated postconviction counsel for death-sentenced individuals.

The Roderick and Solange MacArthur Justice Center, a national nonprofit civil rights organization, opposes Mississippi Attorney General Fitch’s application for certification of the state's capital counsel mechanism. They argue that the state's system fails to meet federal standards for timeliness, universal application, qualification, compensation, and litigation expenses, citing a history of excessive caseloads and inadequate funding.

The Federal Public Defender for the Western District of North Carolina, specifically its Capital Habeas Unit, opposes the certification of Mississippi’s state capital counsel mechanism. They argue that the certification would impose procedural barriers and shortened deadlines that would effectively make federal habeas corpus review unavailable for death-sentenced prisoners in Mississippi.

Witness to Innocence and the Death Penalty Policy Project jointly oppose Florida’s request for certification under 28 U.S.C. § 2265. They argue that Florida's history of numerous death row exonerations and its practice of imposing death sentences based on non-unanimous jury votes demonstrate that the state's procedures are unreliable and that granting certification would increase the risk of executing innocent people.

The Federal Community Defender Office for the Eastern District of Pennsylvania opposes Mississippi's request for certification of its capital counsel mechanism. They argue that Mississippi's system fails to provide timely, adequately compensated, and competent representation, and that certification would unfairly shorten filing deadlines and restrict access to justice for death-sentenced prisoners.

The American Civil Liberties Union (ACLU) Foundation and the ACLU of Mississippi oppose the certification of Mississippi's capital counsel mechanism. They argue that the state's system fails to meet federal competency, compensation, and timeliness standards, and that granting certification would risk expedited executions for indigent defendants without adequate legal representation.

The Florida Association of Criminal Defense Lawyers (FACDL) opposes the Florida Attorney General’s request for certification of the state's capital postconviction system. They argue that the system lacks adequate standards for monitoring representation quality, provides insufficient compensation for registry counsel, and imposes truncated timelines that would hinder the ability of defense attorneys to provide a zealous and effective defense.