83 FR 58786 - Supplemental Information Regarding Arizona Capital Counsel Mechanism

DEPARTMENT OF JUSTICE

Federal Register Volume 83, Issue 225 (November 21, 2018)

This notice advises the public that the State of Arizona has provided additional information about its capital counsel mechanism, and solicits public comment on that supplemental information.

[Federal Register Volume 83, Number 225 (Wednesday, November 21, 2018)]
[Notices]
[Pages 58786-58787]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-25333]


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DEPARTMENT OF JUSTICE

[OLP Docket No. 168]


Supplemental Information Regarding Arizona Capital Counsel 
Mechanism

AGENCY: Department of Justice.

ACTION: Notice.

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SUMMARY: This notice advises the public that the State of Arizona has 
provided additional information about its capital counsel mechanism, 
and solicits public comment on that supplemental information.

DATES: Written and electronic comments must be submitted on or before 
January 7, 2019. Comments received by mail will be considered timely if 
they are postmarked on or before that date. The electronic Federal 
Docket Management System (FDMS) will accept comments until Midnight 
Eastern Time at the end of that day.

ADDRESSES: To ensure proper handling of comments, please reference 
``Docket No. OLP 168'' on all electronic and written correspondence. 
The Department encourages that all comments be submitted electronically 
through http://www.regulations.gov using the electronic comment form 
provided on that site. Paper comments that duplicate the electronic 
submission should not be submitted. Individuals who wish to submit 
written comments may send those to the contact listed in the FOR 
FURTHER INFORMATION CONTACT section immediately below.

FOR FURTHER INFORMATION CONTACT: Laurence Rothenberg, Deputy Assistant 
Attorney General, Office of Legal Policy, U.S. Department of Justice, 
950 Pennsylvania Avenue NW, Washington, DC 20530; telephone (202) 532-
4465.

SUPPLEMENTARY INFORMATION: 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 subject to capital 
sentences. The special procedures may be available to a State only if 
the Attorney General of the United States has certified that the State 
has established a qualifying mechanism for the appointment, 
compensation, and payment of reasonable litigation expenses of 
competent counsel in State postconviction proceedings for indigent 
capital prisoners. 28 U.S.C. 2261, 2265; 28 CFR part 26.
    On November 16, 2017, the Department of Justice, Office of Legal 
Policy published a notice in the Federal Register, 82 FR 53529, 
advising the public of Arizona's request for certification, dated April 
18, 2013, and requesting public comment regarding

[[Page 58787]]

that request. The Department also sent a letter to Arizona, dated 
November 16, 2017, asking whether the State wished to supplement or 
update its request. Arizona responded in a letter dated November 27, 
2017. The Department, on December 27, 2017, published a second notice 
in the Federal Register, 82 FR 61329, which advised the public that the 
State had submitted additional information and provided additional time 
for public comment.
    Following the receipt of public comments, the Department sent a 
letter dated June 29, 2018, to Arizona requesting that the State 
provide answers to a number of questions that had arisen during the 
Department's review of the comments, and inviting response to any other 
matters raised in the comments. This notice advises the public that the 
State of Arizona submitted additional information in response, in a 
letter dated October 16, 2018, and solicits public comment on that 
supplemental information. The correspondence with Arizona, including 
its letter of October 16, 2018, may be viewed at https://www.justice.gov/olp/pending-requests-final-decisions.
    Following the Department's transmission of its letter of June 29, 
2018 to Arizona, and again following Arizona's transmission of its 
responsive letter of October 16, 2018 to the Department, a commenter on 
Arizona's request for certification requested that the Department 
provide an opportunity for additional public comment to allow response 
to the new information in Arizona's letter. This notice provides an 
opportunity for such public comment.

    Dated: November 13, 2018.
Beth A. Williams,
Assistant Attorney General.
[FR Doc. 2018-25333 Filed 11-20-18; 8:45 am]
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