Bill Text: PA SB223 | 2009-2010 | Regular Session | Introduced

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Bill Title: Establishing the Capital Case Representation Resource Center of Pennsylvania for capital offense litigation; and providing for its duties and responsibilities.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-19 - Referred to JUDICIARY [SB223 Detail]

Download: Pennsylvania-2009-SB223-Introduced.html

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PRINTER'S NO. 229
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 223 Session of2009
INTRODUCED BY GREENLEAF, KITCHEN, WASHINGTON, ALLOWAY, BROWNE, O'PAKE, STACK, WONDERLING AND FERLO, FEBRUARY 19, 2009
REFERRED TO JUDICIARY, FEBRUARY 19, 2009
AN ACT
Establishing the Capital Case Representation Resource Center of
Pennsylvania for capital offense litigation; and providing
for its duties and responsibilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Capital Case
Representation Resource Center Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board of directors" or "directors." The board of directors
of the Capital Case Representation Resource Center of
Pennsylvania.
"Executive director." The executive director of the Capital
Case Representation Resource Center of Pennsylvania.
"Resource center." The Capital Case Representation Resource
Center of Pennsylvania established under section 3.
Section 3. Capital Case Representation Resource Center of
Pennsylvania.
(a) Establishment.--There is hereby established an
independent agency to be known as the Capital Case
Representation Resource Center of Pennsylvania.
(b) Operation.--A board of directors representative of the
criminal defense bar of this Commonwealth shall oversee the
operation of the resource center.
(c) Rules and regulations.--The board of directors may
promulgate rules and regulations necessary to carry out its
duties and the duties of the resource center under this act.
Section 4. Board of directors.
(a) Composition.--The board of directors shall consist of
five directors and be representative of the criminal defense bar
of this Commonwealth. Directors shall be as follows:
(1) A county public defender, appointed by the Chief
Justice of Pennsylvania.
(2) A member of the Pennsylvania Bar Association with a
background in criminal defense, appointed by the Chief
Justice of Pennsylvania.
(3) A member of the Pennsylvania Association of Criminal
Defense Lawyers, appointed by the Governor.
(4) Two representatives of the legal academic community
with a background in criminal defense from law schools in
this Commonwealth, appointed by the Governor.
(b) Chairperson and vice chairperson.--The directors shall
annually elect, by a majority vote of the voting members, a
chairperson and a vice chairperson.
(c) Quorum.--Three directors shall constitute a quorum for
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the transaction of any business, and any act by the majority of
the directors present at any meeting in which there is a quorum
shall be deemed to be an act of the board of directors.
(d) Compensation and expenses.--The directors shall not
receive a salary or per diem allowance for serving as directors
but shall be reimbursed for actual and necessary expenses
incurred in the performance of their duties. Expenses may
include reimbursement of travel and living expenses while
engaged in resource center business.
(e) Terms of directors.--
(1) Each director shall serve for a term of three years
and shall continue to serve thereafter until a successor is
appointed, except that, of the directors first appointed:
(i) The director appointed by the Chief Justice of
Pennsylvania from the Pennsylvania Bar Association and
the director appointed by the Governor from the
Pennsylvania Association of Criminal Defense Lawyers
shall serve for terms to expire on June 30 of the year
following their appointments.
(ii) The director who is a county public defender
appointed by the Chief Justice of Pennsylvania shall
serve for a term to expire on June 30 of the second year
following the appointment.
(iii) The directors appointed by the Governor from
the legal academic community shall serve for terms to
expire on June 30 of the third year following their
appointments.
(2) Directors shall be eligible for reappointment.
Vacancies on the board of directors shall be filled by the
appointing authority within 60 days of the vacancy.
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(3) A director may be removed for just cause by the
appointing authority.
(f) General powers.--The board of directors shall exercise
all powers necessary and appropriate to carry out its duties,
including the following:
(1) To employ an executive director and other staff
necessary to carry out the responsibilities of the resource
center and engage professional consultants, as it deems
necessary, to assist in the performance of the
responsibilities of the resource center.
(2) To fix the compensation of all employees and
prescribe their duties.
(3) To oversee the operation of the resource center.
(4) To prepare an annual budget for the operation of the
resource center.
(5) To solicit funds from any source for the operation
of the resource center.
Section 5. Executive director.
(a) Appointment.--The board of directors shall appoint an
executive director for the resource center.
(b) Qualifications.--The executive director shall have the
following qualifications:
(1) Extensive trial and appellate experience in the
defense of capital cases.
(2) Administrative skills necessary to coordinate the
activities of the resource center and its staff.
(c) Responsibilities.--The responsibilities of the executive
director shall include the following:
(1) To oversee the overall daily operation of the
resource center.
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(2) To make personnel decisions for the resource center
with the approval of the board of directors.
(3) To develop an operational budget for the resource
center and aid the board of directors in raising the
necessary finances to sustain the operation of the resource
center.
(4) To identify and develop resources.
(5) To aid attorneys involved in capital case litigation
in the Federal and State courts of this Commonwealth.
(6) To represent capital case litigants sentenced to
death in this Commonwealth in direct appeals or
postconviction proceedings in the courts of this Commonwealth
and in the United States Supreme Court on an as-needed basis
where counsel is not otherwise available.
(d) Term of office.--The executive director shall serve at
the pleasure of the board of directors.
Section 6. Resource center.
The resource center shall perform the following duties and
have the following responsibilities:
(1) Track all capital cases through the trial, appellate
and postconviction levels in order to further the providing
of continuing, competent representation and gather data
relevant to ongoing representation.
(2) Through recruitment and screening, establish and
maintain a panel of attorneys who are qualified and available
to represent persons at all levels of litigation in capital
cases in the courts of this Commonwealth.
(3) When requested, provide assistance to attorneys
involved in capital case litigation at all stages in
identifying legal issues and preparing appropriate legal
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documents and arguments on behalf of their clients.
(4) Coordinate educational resources with national and
other state organizations which provide legal assistance to
inmates charged with capital offenses or under death
sentences in other states at both the Federal and state
levels.
(5) Develop Commonwealth-specific resources and
coordinate continuing legal education activities concerning
capital case litigation.
(6) Directly represent capital case litigants sentenced
to death in this Commonwealth in direct appeals or
postconviction proceedings in the courts of this Commonwealth
and in appeals therefrom in the United States Supreme Court,
on an as-needed basis where counsel is not otherwise
available to the extent possible given the limited resources
and other primary duties and responsibilities of the resource
center as set forth in paragraphs (1) through (5). Resource
center staff attorneys shall not represent or participate in
the representation of capital case litigants other than as
provided in this act.
(7) Identify counsel from across this Commonwealth and
outside this Commonwealth who are available for appointment
and assist the courts involved in the appointment process and
offer support for appointed attorneys.
(8) Serve, upon request, as a liaison between counsel
litigating Federal appeals and those litigating unexhausted
issues in the State courts.
(9) Assume responsibility for monitoring representation
in all capital case trials, appeals and postconviction
proceedings.
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(10) Carefully track and, upon request, provide
assistance to all attorneys involved in capital case
litigation in this Commonwealth ensuring the quality of
ongoing litigation while developing, through education and
training, attorneys with expertise in these issues for
appointment in future cases.
(11) Assist in providing investigators and experts in
capital case trials, appeals and postconviction proceedings
in the courts of this Commonwealth.
Section 7. Effective date.
This act shall take effect in 60 days.
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