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The Habeas Corpus Resource Center (HCRC) was established in 1998 to accept
appointments in state and federal habeas corpus proceedings and to provide training and
support for private attorneys who take on these cases. The HCRC was created as an agency
in the judicial branch of the State of California, effective January 1, 1998, by
Senate Bill (SB) 513 (Ch. 869, 1998 Stats.).
The legislation brought substantial changes to habeas corpus representation in
capital cases by establishing the HCRC and by making two fundamental changes in
the procedures governing appointment of counsel to represent indigent persons in
capital cases pending before the California Supreme Court. SB 513 originally codified
these provisions as Government Code sections 68650 to 68654. The provisions subsequently
were renumbered as detailed below:
- Government Code Sections 68660 to 68664. These sections provide for the creation of the HCRC
to train and develop the skills of the attorneys appointed to habeas corpus proceedings.
- Government Code Section 68663. Section 68663 provides for separate counsel to be appointed to
represent death-sentenced prisoners in the automatic direct appeal before the California Supreme Court,
and in the post-conviction (or habeas corpus) proceeding, unless the prisoner and counsel request
representation by the same attorney in both aspects of the capital case. Prior to the enactment of this
provision, the California Supreme Court’s practice was to appoint one attorney to represent the inmate
in both the direct appeal and the habeas corpus proceedings.
- Government Code Section 68665. Section 68665 provides for the Supreme Court to adopt—by rule of
court—binding and mandatory competency standards for the appointment of counsel in capital proceedings.
By affording counsel the option of accepting appointments limited to either the direct appeal or habeas
corpus proceedings, the Legislature, in enacting Government Code Section 68663, sought to expand the
pool of qualified attorneys available to accept appointment in capital cases. As part pf that effort,
Government Code sections 68660 to 68664 created the HCRC to augment and train the attorneys available to
handle habeas corpus proceedings.
Litigation of a capital appeal and habeas corpus proceeding is a complex and
time-consuming undertaking. Counsel appointed to represent death-sentenced prisoners
in the automatic appeals review extensive trial records, which average in excess
of 9,000 pages of Reporter's and Clerk's transcripts, and research and prepare
voluminous briefing based on state and federal statutory and constitutional
law. Representation of the prisoner in habeas corpus proceedings includes the
duty to review the trial records; conduct an investigation of potential constitutional
and statutory defects in the judgment of conviction or the sentence of death;
prepare and file a petition for a writ of habeas corpus; represent the prisoner
at the hearing to set an execution date pursuant to Penal Code section 1227;
and prepare a request for executive clemency from the Governor of California.
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