The Death Penalty Working Group, a committee of Federal Public Defenders, CJA attorneys and staff of the Office of Defender Services is interested in your views on FDPRC’s responsiveness and assistance. Comments, positive or negative, are sought by the Chair of the Death Penalty Working Group, Jim Wyda, who can be reached at: Federal Public Defender-Maryland, 100 S. Charles Street, Tower II, Suite 1100, Baltimore, Maryland 21201, Telephone: (410) 962-3962. Fax: (410) 962-0872, E-Mail: Jim_Wyda@fd.org. Thank you.

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FEDERAL DEATH PENALTY RESOURCE COUNSEL

The Federal Death Penalty Resource Counsel Project (FDPRC) is a program of the Office of Defender Services of the Administrative Office of the United States Courts (AOUSC) designed to assist the federal courts, federal defenders, and appointed counsel in connection with matters relating to the defense function in federal capital cases. FDPRC originally employed two part-time attorneys in 1992, David Bruck (of South Carolina, now Virginia) and Kevin McNally (of Kentucky), added a third in 1997, Richard Burr (of Texas, now Oklahoma) and in 2002 a fourth, Michael Burt (of California). Additionally, in 2002, Judy Clarke (hosted by Federal Defenders of San Diego), was selected to be a full-time Assistant Federal Defender Capital Resource Counsel (CRC), with the principal responsibility of assisting on federal capital cases assigned to Federal Defender Offices. CRC is staffed by two support positions: David Freedman, a seasoned mitigation investigator (also hosted by Federal Defenders of San Diego), and Kelly Branham, an investigator who is experienced in victim liaison work (hosted by the Federal Public Defender in Tennessee-Middle). In 2006, Margaret O’Donnell (of Kentucky) was hired as a part-time resource counsel and training coordinator. Robert Lominack (of South Carolina) coordinates the website for FDPRC and CRC. In 2007, FDPRC was expanded to include David Ruhnke and Jean Barrett of New Jersey, Steve Potolsky of Florida, Richard Ney of Kansas, and Mark Donatelli of New Mexico. Kevin McNally is the Project Director, supervising FDPRC and CRC staff.

Since early 1992, the Project has monitored all federal death penalty cases and has collected information which might be useful to both lawyers and judges involved in federal capital cases. Depending on time constraints, and the desires of appointed counsel, the Project assists counsel with telephone consultation, identification of experts and investigators, legal research and drafting pleadings, on-site assistance before and during capital trials, and, as needed, assistance on appeal and in post-conviction review of capital sentences. The Project is also available to respond to inquiries from the courts regarding the defense function in federal capital prosecutions. The Project has also been involved with:

identification and recruitment of defense counsel “learned in the law applicable to capital cases” for possible appointment under 18 U.S.C. § 3005;

assisting the Office of Defender Services, AOUSC, in responding to judicial inquiries concerning the defense function, case management, and case budgeting in federal capital cases;

development of capital litigation training programs and materials to assist federal defenders and court-appointed private counsel;

responding to Congressional inquiries directed to the federal defender system concerning proposed capital punishment legislation, and

maintaining a liaison between the federal public defender system and the Department of Justice regarding the administration of federal death penalty statutes.