Court Expands Availability of Funds to Pursue Relief Under the Racial Justice Act in Capital Cases; Approves Revision to Payment Policies for Attorneys in Capital Cases

The California Supreme Court on Wednesday approved a temporary amendment to the Supreme Court Policies Regarding Cases Arising from Judgments of Death (Supreme Court Policies) and the Payment Guidelines for Counsel Appointed by the Supreme Court Representing Indigent Criminal Appellants in California Courts & Guidelines for Fixed Fee Appointments, on Optional Basis, to Automatic Appeals and Capital Habeas Corpus Proceedings in California Courts (Payment Guidelines).

The temporary amendment, which will remain in effect through June 30, 2026, expands the availability of funding to develop and present claims under the Racial Justice Act of 2020. Specifically, any counsel appointed by this court prior to July 1, 2023 to represent inmates subject to a sentence of death may seek and obtain permission from the court to obtain such funding. The temporary amendment removes the limitation that had restricted funding to work performed in connection with an initial habeas corpus petition previously transferred by this court to a superior court. The court’s approval and subsequent compensation for attorney fees and investigatory expenses will be contingent on the availability of allocated funds and compliance with the Supreme Court Policies and Payment Guidelines.

The court also approved a revision to the Supreme Court Policies. This revision clarifies the scope of the court’s counsel appointment and payment obligations in the event a capital defendant is resentenced to a term less than death or the defendant’s sentence is commuted to a term less than death. In these situations, and absent exceptional circumstances, this court’s appointment of counsel and its associated payment obligations will conclude in any proceeding other than a proceeding before this court.

The temporary amendment and revised policies are posted on the court’s website and will become effective on July 1, 2025.