The Federal Capital Trial Project (or “Trial Project”) of the Defender Services Office of the Administrative Office of the United States Courts is comprised of the Federal Death Penalty Resource Counsel project (“FDPRC”) and the Capital Resource Counsel project (“CRC”). The Trial Project is staffed by experienced federal capital litigators who work in close coordination to provide consultation, training, and assistance to counsel and courts to improve the quality of representation and the cost-effectiveness of defense services in federal capital prosecution cases. 

Established in early 1992, a core function of the Trial Project is to support and assist court-appointed defense counsel in federal capital cases. To do this, the Trial Project assigns a FDPRC or CRC attorney to work with the defense team in every potential federal death penalty case as a “resource counsel.” Resource Counsel are not counsel of record, and their role is to provide advice, assistance, and helpful information and resources to the team. The FDPRC resource counsel are part-time contractors who are often appointed to serve as death-qualified (“learned”) counsel outside their role with the Project. The CRC attorneys are full-time salaried federal defender staff who often serve as “learned” counsel as part of their Project responsibilities. This Trial Project lawyer provides on-site and remote consultation which can include assistance in:

• identifying learned counsel;
• making referrals for experts, mitigation specialists, investigators, paralegals, defense victim outreach specialists, and other defense team members; 
• conducting legal research, providing model pleadings, and preparing pleadings; 
• crafting written and oral arguments addressing the government’s decision whether or not to seek the death penalty; and 
• ultimately, if necessary, all aspects of capital trial and sentencing.

The Project monitors all federal death penalty cases and serves as a national clearinghouse for information helpful to defense counsel appointed in federal capital cases. The Project also responds to inquiries from the federal courts and from Congress regarding all aspects of the defense function in federal capital prosecutions. The Trial Project also:

• assists Federal Defenders and courts in recruiting defense counsel “learned in the law applicable to capital cases” for appointment under 18 U.S.C. § 3005;
• supports efforts to recruit diverse capital team members and to support these new team members within the capital defense community to promote their success and retention;
• assists the Defender Services Office of the AOUSC, in responding to judicial inquiries concerning the defense function, case management, and case budgeting in federal capital cases;
• develops capital litigation training programs and materials to assist federal defenders and court- appointed private counsel;
• maintains a website that provides access to a wide array of materials relevant to the defense of federal capital cases;
• responds to Congressional inquiries directed to the federal defender system concerning proposed capital punishment legislation and oversight; and
• serves as a point of contact between the federal defender system and the Department of Justice regarding the administration of federal death penalty statutes.

Our web site, https://fdprc.capdefnet.org/, contains helpful information for those involved in defending federal capital cases. It includes litigation guides on crucial issues (including sample pleadings), statistics, and other helpful information regarding district court practices in federal capital cases, opinion summaries, and other important resources. A significant amount of information on the web site is not accessible to the general public. In order to access the private side, click on “login” and “request access now.” You will then receive a password within a day or so. Once you have access to the private side, we strongly recommend that you download the Outline of Federal Death Penalty Case Law, a comprehensive outline addressing issues of special applicability to death penalty cases in federal court and covering all Supreme Court and Court of Appeals decisions in federal capital cases and relevant district court decisions.

Contact information for the members of the Trial Project may be found on our website at: https://fdprc.capdefnet.org/overview/about-us/177.