Bill > H5303

This bill, titled "Counsel in Proceedings for Executive Clemency," aims to reform how legal representation is provided to individuals facing executive clemency, particularly those sentenced to death. It removes existing provisions that allowed trial courts to appoint public defenders or other attorneys for executive clemency proceedings and for indigent defendants in death penalty clemency cases, including their compensation. In their place, the bill establishes new provisions that empower the Board of Executive Clemency to appoint private counsel, known as "clemency counsel," to represent individuals sentenced to death seeking relief through executive clemency. These appointed clemency counsel will be compensated by the Board, with a maximum fee of $10,000 for attorney fees and costs, paid from state general revenue. The bill also clarifies that this compensation is intended to be full and complete and that the appointment of such counsel is at the Board's discretion, not creating a statutory right to counsel in these proceedings. Additionally, the bill makes technical amendments to existing statutes regarding public defenders, regional counsel, and court-appointed counsel to align with these changes, including updating references to rules of criminal procedure and compensation limits for attorneys.