Skip to main content
Find a Lawyer

28 U.S.C. § 2265 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 2265. Certification and judicial review

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Certification.--

(1) In general.--If requested by an appropriate State official, the Attorney General of the United States shall determine--

(A) whether the State has established a mechanism for the appointment, compensation, and payment of reasonable litigation expenses of competent counsel in State postconviction proceedings brought by indigent prisoners who have been sentenced to death;

(B) the date on which the mechanism described in subparagraph (A) was established; and

(C) whether the State provides standards of competency for the appointment of counsel in proceedings described in subparagraph (A).

(2) Effective date.--The date the mechanism described in paragraph (1)(A) was established shall be the effective date of the certification under this subsection.

(3) Only express requirements.--There are no requirements for certification or for application of this chapter other than those expressly stated in this chapter.

(b) Regulations.--The Attorney General shall promulgate regulations to implement the certification procedure under subsection (a).

(c) Review of certification.--

(1) In general.--The determination by the Attorney General regarding whether to certify a State under this section is subject to review exclusively as provided under chapter 158 of this title.

(2) Venue.--The Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over matters under paragraph (1), subject to review by the Supreme Court under section 2350 of this title.

(3) Standard of review.--The determination by the Attorney General regarding whether to certify a State under this section shall be subject to de novo review.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - 28 U.S.C. § 2265 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 2265. Certification and judicial review - last updated January 01, 2024 | https://codes.findlaw.com/us/title-28-judiciary-and-judicial-procedure/28-usc-sect-2265/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard