Court Clarifies that DP Counsel Can Receive Federal Compensation for Work at State Clemency Hearings

Hain v. Mullin, -- F.3d --, 2006 WL 158892 (10th Cir. 1/23/06) - Counsel appointed to represent state death row inmates in federal habeas proceedings are authorized by 21 U.S.C. § 848(q)(8), which provides that "each attorney so appointed shall represent the defendant throughout every subsequent stage of available judicial proceedings, including . . . proceedings for executive or other clemency as may be available to the defendant," to represent their clients in state clemency proceedings and to be federally compensated for it. To the government's argument that it is absurd to think Congress meant to fund representation at state clemency proceedings, the COA says, "[i]t is entirely plausible that Congress did not want condemned men and women to be abandoned by their counsel at the last moment and left to navigate the sometimes labyrinthine clemency process from their jail cells, relying on limited resources and little education in a final attempt at convincing the government to spare their lives." Case came up when private lawyers, whose client was denied clemency and was executed, appealed the district court's denial of compensation. OK FPD filed an amicus brief supporting them.