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Working group says lack of funding and qualified counsel has stalled Prop 66 appointments
Summary
The Prop 66 working group reported that the shift of appointment responsibility to superior courts has not been accompanied by adequate funding or an increased pool of qualified counsel, leaving an estimated ~344 people on death row awaiting counsel; the group offered funding and training options rather than rule changes.
Justice Laurie Earl reported findings from the 2025 Proposition 66 working group on why recruiting and appointing qualified counsel for capital habeas corpus matters has lagged. The group concluded that a lack of statutory funding for privately appointed counsel, a shrinking pool of experienced practitioners, and the heavy workload associated with capital habeas cases have combined to leave many petitioners without counsel. "There remains about 344 individuals on death row who still await appointment of counsel," the report said.
The working group recommended a cautious approach: continue budget change proposals to the Department of Finance to secure funding for appellate counsel, consider reactivating regional committees to assist superior courts with recruitment and education, explore pro bono partnerships and training, and consider settlement or mediation programs in some cases. The group recommended no immediate rule changes until funding and practical obstacles are better understood.
