Counsel (a) In General. Each petitioner in a proceeding for a writ of habeas corpus in a capital case shall be represented by counsel unless the petitioner has clearly elected to proceed pro se and th

(b) Appointment and Compensation. Unless the petitioner is represented by retained counsel or has been permitted to proceed pro se, the Court shall appoint counsel at the earliest appropriate time if it finds that the requirement of 21 U.S.C. §848(q)(4)(B), that the defendant is financially unable to obtain adequate representation, has been satisfied. The assigned Judge, in his or her discretion, will USDC Habeas Corpus Local Rules – Revised July 2, 2012 HAB-5 determine whether more than one attorney is necessary for adequate representation of the petitioner. Appointment and compensation of counsel shall be governed by §6.01(A)(2) of Volume VII of the Guide to Judiciary Policies and Procedures, Appointment of Counsel in Criminal Cases, and by 21 U.S.C. §848(q)(6), (7) & (10)(A).

The presumptive rate for compensation of lead counsel or co-lead counsel shall be $125.00 per hour. The presumptive rate for compensation of second counsel shall be $100.00 per hour. (c) Selection Board. A selection board appointed by the Chief Judge of the District will certify a panel of attorneys qualified for appointment in capital habeas cases.

The selection board will consist of a representative of the Federal Public Defender for the Northern District, a representative of the California Appellate Project (CAP), a representative of the Habeas Corpus Resource Center (HCRC), a representative of the State Public Defender, and a representative of the private bar. The selection board may suggest one or more counsel for appointment. The Court also may request suggestions from the selection board for one or more counsel.