|
Frequently Asked Questions about the HCRC Last revised: August 1, 2007 1. When and why was the HCRC formed?
1. When and why was the HCRC formed?The HCRC, an agency of the State of California, was formed in 1998 by Senate Bill 513 (Ch. 869, 1998 Stats.). Complete detail on HCRC history is provided at: http://www.hcrc.ca.gov/about.php.
2. How is the HCRC staffed?The HCRC employs legal professionals (attorneys, paralegals, investigators) and a small administrative staff. Staff members are assigned to cases depending on a case's timeline, complexity, size of record, and level of experience of assigned staff.
3. What types of cases does the HCRC handle?The HCRC is appointed by the California Supreme Court or by federal courts to represent indigent death-sentenced prisoners in post conviction (or habeas corpus) proceedings. Habeas corpus proceedings in California provide the opportunity for death-row inmates to present constitutional and statutory challenges to their convictions and sentences based on facts outside the trial record in the automatic appeal.
4. How many cases does the HCRC handle?The HCRC provides direct representation to indigent death-sentenced prisoners in the California Supreme Court and the federal courts. As of June 30, 2007, the agency has been appointed in 56 state and nine federal cases, and regularly accepts new appointments. The HCRC does not represent death-sentenced prisoners in automatic direct appeals before the California Supreme Court.
5. How are HCRC cases handled?Cases to which HCRC has been appointed are handled by HCRC staff. The HCRC assigns its legal staff (attorneys, paralegals, and investigators) to cases based on a case's timeline, complexity, size of record, and level of experience of assigned staff.
6. Who handles cases that present a conflict of interest?New appointments are carefully screened to ensure that no conflict of interest exists. For cases that do present any conflict, the California Supreme Court makes appointments to qualified private attorneys.
|