Just when you think things are not so bad, along comes California State Senator Tom Harman with Senate Bill 315. The text of the bill is below. This is what it means:
1. By dropping the existing standards used to appoint capital counsel, it guarantees that California will be ineligible for opt-in treatment in federal court;
2) Force dozens if not hundreds of appellate counsel who currently accept appointments from the court of appeal but who are not qualified (or young enough) to do a capital case to stop taking appointments so as not to take a chance of being conscripted to do a capital case.
3) Almost guarantee the filing of constitutionally inadequate briefs.
I don't know what Senator Harman's intentions were, but this bill is a disaster.
Text of Senate Bill 315:
"THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 190.65 is added to the
Penal Code , to read:
190.65. (a) The Legislature declares that appeals in all capital
cases should be decided expeditiously.
(b) Therefore, in all cases in which a sentence of death has been
imposed on or after July 1, 2009, counsel for the defendant on appeal
shall be appointed within one year of the pronouncement of judgment.
In those cases in which a sentence of death was pronounced prior to
July 1, 2009, and no counsel has been appointed for the defendant, an
attorney shall be appointed within one year of the effective date of
this section.
(c) The record on appeal shall be certified and transmitted to the
Supreme Court within one year after the appointment of counsel for
the defendant.
(d) The appellant's Opening Brief on appeal shall be filed within
one year after the record is certified and transmitted to the Supreme
Court.
(e) Any attorney who accepts appointments to represent indigent
appellants before any District Court of Appeal shall be available to
be appointed as appellate counsel before the Supreme Court in capital
cases."
