PRINTER'S NO. 682
No. 627 Session of 2007
INTRODUCED BY GREENLEAF, COSTA, BROWNE, STACK, O'PAKE, KITCHEN, TOMLINSON, FERLO AND WASHINGTON, MARCH 21, 2007
REFERRED TO JUDICIARY, MARCH 21, 2007
AN ACT 1 Establishing the Capital Case Representation Resource Center of 2 Pennsylvania for capital offense litigation; and providing 3 for its duties and responsibilities. 4 The General Assembly of the Commonwealth of Pennsylvania 5 hereby enacts as follows: 6 Section 1. Short title. 7 This act shall be known and may be cited as the Capital Case 8 Representation Resource Center Act. 9 Section 2. Definitions. 10 The following words and phrases when used in this act shall 11 have the meanings given to them in this section unless the 12 context clearly indicates otherwise: 13 "Board of directors" or "directors." The board of directors 14 of the Capital Case Representation Resource Center of 15 Pennsylvania. 16 "Executive director." The executive director of the Capital 17 Case Representation Resource Center of Pennsylvania. 18 "Resource center." The Capital Case Representation Resource
1 Center of Pennsylvania established under section 3. 2 Section 3. Capital Case Representation Resource Center of 3 Pennsylvania. 4 (a) Establishment.--There is hereby established an 5 independent agency to be known as the Capital Case 6 Representation Resource Center of Pennsylvania. 7 (b) Operation.--A board of directors representative of the 8 criminal defense bar of this Commonwealth shall oversee the 9 operation of the resource center. 10 (c) Rules and regulations.--The board of directors may 11 promulgate rules and regulations necessary to carry out its 12 duties and the duties of the resource center under this act. 13 Section 4. Board of directors. 14 (a) Composition.--The board of directors shall consist of 15 five directors and be representative of the criminal defense bar 16 of this Commonwealth. Directors shall be as follows: 17 (1) A county public defender, appointed by the Chief 18 Justice of Pennsylvania. 19 (2) A member of the Pennsylvania Bar Association with a 20 background in criminal defense, appointed by the Chief 21 Justice of Pennsylvania. 22 (3) A member of the Pennsylvania Association of Criminal 23 Defense Lawyers, appointed by the Governor. 24 (4) Two representatives of the legal academic community 25 with a background in criminal defense from law schools in 26 this Commonwealth, appointed by the Governor. 27 (b) Chairperson and vice chairperson.--The directors shall 28 annually elect, by a majority vote of the voting members, a 29 chairperson and a vice chairperson. 30 (c) Quorum.--Three directors shall constitute a quorum for 20070S0627B0682 - 2 -
1 the transaction of any business, and any act by the majority of 2 the directors present at any meeting in which there is a quorum 3 shall be deemed to be an act of the board of directors. 4 (d) Compensation and expenses.--The directors shall not 5 receive a salary or per diem allowance for serving as directors 6 but shall be reimbursed for actual and necessary expenses 7 incurred in the performance of their duties. Expenses may 8 include reimbursement of travel and living expenses while 9 engaged in resource center business. 10 (e) Terms of directors.-- 11 (1) Each director shall serve for a term of three years 12 and shall continue to serve thereafter until a successor is 13 appointed, except that, of the directors first appointed: 14 (i) The director appointed by the Chief Justice of 15 Pennsylvania from the Pennsylvania Bar Association and 16 the director appointed by the Governor from the 17 Pennsylvania Association of Criminal Defense Lawyers 18 shall serve for terms to expire on June 30 of the year 19 following their appointments. 20 (ii) The director who is a county public defender 21 appointed by the Chief Justice of Pennsylvania shall 22 serve for a term to expire on June 30 of the second year 23 following the appointment. 24 (iii) The directors appointed by the Governor from 25 the legal academic community shall serve for terms to 26 expire on June 30 of the third year following their 27 appointments. 28 (2) Directors shall be eligible for reappointment. 29 Vacancies on the board of directors shall be filled by the 30 appointing authority within 60 days of the vacancy. 20070S0627B0682 - 3 -
1 (3) A director may be removed for just cause by the 2 appointing authority. 3 (f) General powers.--The board of directors shall exercise 4 all powers necessary and appropriate to carry out its duties, 5 including the following: 6 (1) To employ an executive director and other staff 7 necessary to carry out the responsibilities of the resource 8 center and engage professional consultants, as it deems 9 necessary, to assist in the performance of the 10 responsibilities of the resource center. 11 (2) To fix the compensation of all employees and 12 prescribe their duties. 13 (3) To oversee the operation of the resource center. 14 (4) To prepare an annual budget for the operation of the 15 resource center. 16 (5) To solicit funds from any source for the operation 17 of the resource center. 18 Section 5. Executive director. 19 (a) Appointment.--The board of directors shall appoint an 20 executive director for the resource center. 21 (b) Qualifications.--The executive director shall have the 22 following qualifications: 23 (1) Extensive trial and appellate experience in the 24 defense of capital cases. 25 (2) Administrative skills necessary to coordinate the 26 activities of the resource center and its staff. 27 (c) Responsibilities.--The responsibilities of the executive 28 director shall include the following: 29 (1) To oversee the overall daily operation of the 30 resource center. 20070S0627B0682 - 4 -
1 (2) To make personnel decisions for the resource center 2 with the approval of the board of directors. 3 (3) To develop an operational budget for the resource 4 center and aid the board of directors in raising the 5 necessary finances to sustain the operation of the resource 6 center. 7 (4) To identify and develop resources. 8 (5) To aid attorneys involved in capital case litigation 9 in the Federal and State courts of this Commonwealth. 10 (6) To represent capital case litigants sentenced to 11 death in this Commonwealth in direct appeals or 12 postconviction proceedings in the courts of this Commonwealth 13 and in the United States Supreme Court on an as-needed basis 14 where counsel is not otherwise available. 15 (d) Term of office.--The executive director shall serve at 16 the pleasure of the board of directors. 17 Section 6. Resource center. 18 The resource center shall perform the following duties and 19 have the following responsibilities: 20 (1) Track all capital cases through the trial, appellate 21 and postconviction levels in order to further the providing 22 of continuing, competent representation and gather data 23 relevant to ongoing representation. 24 (2) Through recruitment and screening, establish and 25 maintain a panel of attorneys who are qualified and available 26 to represent persons at all levels of litigation in capital 27 cases in the courts of this Commonwealth. 28 (3) When requested, provide assistance to attorneys 29 involved in capital case litigation at all stages in 30 identifying legal issues and preparing appropriate legal 20070S0627B0682 - 5 -
1 documents and arguments on behalf of their clients. 2 (4) Coordinate educational resources with national and 3 other state organizations which provide legal assistance to 4 inmates charged with capital offenses or under death 5 sentences in other states at both the Federal and state 6 levels. 7 (5) Develop Commonwealth-specific resources and 8 coordinate continuing legal education activities concerning 9 capital case litigation. 10 (6) Directly represent capital case litigants sentenced 11 to death in this Commonwealth in direct appeals or 12 postconviction proceedings in the courts of this Commonwealth 13 and in appeals therefrom in the United States Supreme Court, 14 on an as-needed basis where counsel is not otherwise 15 available to the extent possible given the limited resources 16 and other primary duties and responsibilities of the resource 17 center as set forth in paragraphs (1) through (5). Resource 18 center staff attorneys shall not represent or participate in 19 the representation of capital case litigants other than as 20 provided in this act. 21 (7) Identify counsel from across this Commonwealth and 22 outside this Commonwealth who are available for appointment 23 and assist the courts involved in the appointment process and 24 offer support for appointed attorneys. 25 (8) Serve, upon request, as a liaison between counsel 26 litigating Federal appeals and those litigating unexhausted 27 issues in the State courts. 28 (9) Assume responsibility for monitoring representation 29 in all capital case trials, appeals and postconviction 30 proceedings. 20070S0627B0682 - 6 -
1 (10) Carefully track and, upon request, provide 2 assistance to all attorneys involved in capital case 3 litigation in this Commonwealth ensuring the quality of 4 ongoing litigation while developing, through education and 5 training, attorneys with expertise in these issues for 6 appointment in future cases. 7 (11) Assist in providing investigators and experts in 8 capital case trials, appeals and postconviction proceedings 9 in the courts of this Commonwealth. 10 Section 7. Effective date. 11 This act shall take effect in 60 days. A19L42DMS/20070S0627B0682 - 7 -