DOJ Proposes Rule to Expedite State Death Penalty Cases

DOJ News

Published March 17th, 2026

Detected March 17th, 2026

Summary

The Department of Justice has proposed a rule to streamline federal habeas review of state death penalty cases, aiming to reduce the time between conviction and execution. This proposal seeks to remove barriers to certification for states with established postconviction capital counsel systems, making certification decisions final.

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What changed

The Department of Justice (DOJ) has proposed a rule that would modify the certification process for state capital counsel systems under 28 U.S.C. Chapter 154. The intent is to remove previously imposed barriers that have prevented states from utilizing the expedited federal habeas review process for capital cases since its enactment. Key changes include making certification decisions final rather than time-limited and simplifying the criteria for states to qualify for this accelerated review, which is designed to significantly reduce the lengthy adjudication periods in state capital cases.

This proposed rule requires public comment and, once finalized, will likely encourage more states to apply for certification, potentially leading to faster executions in capital cases. Regulated entities, primarily state government agencies involved in capital postconviction proceedings, should review the proposed rule and consider submitting comments by the deadline. The DOJ aims to fulfill commitments to restore the death penalty and ensure its faithful implementation, aligning with recent executive orders and departmental memorandums.

What to do next

Review the proposed rule published in the Federal Register.
Submit written comments on the proposed rule through the methods outlined in the Federal Register notice.

Source document (simplified)

News

Press Release

Department of Justice Proposes Rule to More Quickly Achieve Justice in State Death Penalty Cases

Tuesday, March 17, 2026

Share For Immediate Release Office of Public Affairs Attorney General Pamela Bondi today announced that the Justice Department has proposed a rule that will empower states to streamline federal habeas review of capital cases. These reforms will reduce by years the period between conviction and execution in state capital cases.

“This proposed rule will help states achieve the promise of swift and effective justice for victims of capital crimes,” said Attorney General Pamela Bondi. “We are fulfilling the Department of Justice’s commitment to restoring the death penalty as the ultimate punishment for the worst criminals in America.”

In Chapter 154 of Title 28 of the United States Code, Congress established an accelerated process for the review of federal habeas petitions arising from State capital cases, which otherwise can languish for years at various stages of federal adjudication. The expedited process is available to states that the Attorney General has certified as having established a postconviction capital counsel process including the appointment, compensation, and payment of reasonable litigation expenses of competent counsel.

Since the law’s enactment in 1996, and amendment in 2006, no state has taken advantage of these streamlined procedures—in large part due to the Department’s imposition of additional and heightened barriers on certification. The proposed rule, once finalized, will eliminate these obstacles to certification, enabling more prompt decision of States’ requests for certification. It also will make certification decisions final as opposed to a five-year limited term—a reform that should encourage more states to apply for certification.

The proposed rule advances President Trump’s January 20 executive order Restoring the Death Penalty and Promoting Public Safety and its mandate to ensure that the laws that authorize capital punishment are respected and faithfully implemented and Attorney General Bondi’s promise in her February memorandum Reviving the Federal Death Penalty and Lifting the Moratorium on Federal Executions to assist States in prosecuting capital crimes and implementing death sentences .

The public is invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of this rule through the methods outlined in the Federal Register notice.

Updated March 17, 2026 Component Office of the Attorney General Press Release Number: 26-261