ABA Death Penalty-Related Letters, Statements & Testimony

The ABA Death Penalty Representation Project regularly works with ABA Presidents, the ABA Government Affairs Office, and the capital community to submit comments and present testimony on pressing death penalty matters including state and federal legislation, clemency applications, and adoption of the ABA Guidelines for the Appointment & Performance of Defense Counsel in Death Penalty Cases. 

↪ Click here for ABA Death Penalty-Related Amicus Briefs.

2024

• December 18, 2024, Scheduled Execution of Joseph Corcoran, Letter from ABA President Bill Bay to Indiana Governor Eric Holcomb, December 9, 2024
• April 9, 2024, Scheduled Execution of Brian Dorsey, Letter from ABA President Mary Smith to Missouri Governor Michael Parson, March 14, 2024

2023

• Special Investigation in the Case of Kevin Cooper, Letter from ABA President Mary Smith to California Governor Gavin Newsom, December 14, 2023
• August 1, 2023, Scheduled Execution of Johnny Johnson, Letter from ABA President Deborah Enix-Ross to Missouri Governor Michael Parson, July 24, 2023
• June 6, 2023, Scheduled Execution of Michael Tisius, Letter from ABA President Deborah Enix-Ross to Missouri Governor Michael Parson, May 22, 2023

2022

• "Arizona's Chapter 154 Certification Review; Notice Regarding Arizona's June 2022 Response", Docket No. OLP 174, Comments of the American Bar Association to the Department of Justice Office of Legal Policy, Oct. 24, 2022
• May 11, 2022, Scheduled Execution of Clarence Dixon, Letter from ABA President Reginald M. Turner to Arizona Board of Executive Clemency, April 13, 2022

2021

• October 5, 2021, Scheduled Execution of Ernest Johnson, Letter from ABA President Patricia Lee Refo to Missouri Governor Michael Parson, Aug. 2, 2021
• Declaration Re: Texas Senate Bill 685, Death Penalty Representation Project Staff Attorney Laura Schaefer, April 8, 2021
• Declaration Re: Texas House Bill 841, Death Penalty Representation Project Staff Attorney Laura Schaefer, April 7, 2021
• Support for Tennessee H.B 0001 and S.B 1236, Letter from ABA President Patricia Lee Refo to Tennessee House Representative G.A. Hardaway, March 1, 2021
• Federal Executions Scheduled for January 12-15, 2021, Letter from ABA President Patricia Lee Refo to Acting Attorney General Jeffrey A. Rosen, January 12, 2021

2020

• Ernest Johnson and Other Execution Dates During the COVID-19 Crisis, Letter from ABA President Patricia Lee Refo to Missouri Governor Michael Parson, December 30, 2020
  
• ABA Habeas Level COVID-19 Declaration - Updated, Death Penalty Representation Project Director Emily Olson-Gault, December 2020
• Federal Executions Scheduled for November and December 2020, Letter from ABA President Patricia Lee Refo to President Donald J. Trump, November 12, 2020
• Execution of Walter Barton scheduled for May 19, 2020, Letter from ABA President Judy Perry Martinez to Missouri Governor Michael Parson, May 13, 2020
  
• ABA Habeas Level COVID-19 Declaration, Death Penalty Representation Project Director Emily Olson-Gault, May 4, 2020
• ABA Trial Level COVID-19 Declaration, Death Penalty Representation Project Director Emily Olson-Gault, May 4, 2020

2019

• Rodney Reed – Application for Executive Clemency, Letter from ABA President Judy Perry Martinez to Texas Board of Pardons and Paroles, Nov. 11, 2019
• James Dailey, Letter from ABA President Judy Perry Martinez to Florida Governor Ron DeSantis, Oct. 22, 2019
• Clemency Petition on behalf of Charles Rhines, Letter from ABA President Judy Perry Martinez to South Dakota Governor Kristi Noem, Oct. 21, 2019
• "Supplemental Information Regarding Arizona Capital Counsel Mechanism", Docket No. OLP 168, Comments of the American Bar Association to the Department of Justice Office of Legal Policy, Jan. 7, 2019

2018

• Hearing on Nebraska LR406: Interim study to examine the feasibility of adopting the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, Statement of the American Bar Association to the Nebraska Unicameral Legislature Committee on the Judiciary, Sept. 7, 2018
• The application of ABA Guidelines in Utah capital cases, Letter from ABA President Robert M. Carlson to Utah Indigent Capital Defense Trust Funds Board, Aug. 14, 2018
• Capital Punishment in Pennsylvania (Report), Letter by ABA President Hilarie Bass to Pennsylvania Task Force on Capital Punishment, July 3, 2018
• Louisiana Capital Defense Guidelines, Letter from Emily Olson-Gault to James T. Dixon, Jr. at the Louisiana Public Defender Board, Mar. 1, 2018
• “Certification Process for Texas Capital Counsel Mechanism,” Docket No. OLP 167, Comments of the American Bar Association to Department of Justice Office of Legal Policy, Feb. 26, 2018
• “Certification Process for Arizona Capital Counsel Mechanism,” Docket No. OLP 166, Comments of the American Bar Association to Department of Justice Office of Legal Policy, Feb. 26, 2018

2017

• Support of Clemency Consideration for Jack Greene, Letter from ABA President Hilarie Bass to Arkansas Governor Asa Hutchinson, Oct. 25, 2017
• The execution of William Morva, Letter from ABA President Linda Klein to Virginia Governor Terry McAuliffe, June 28, 2017
• Opposition to Alabama H.B. 260 and S.B. 187, Letter from ABA President Linda Klein to the Alabama Legislature, May 12, 2017
• The eight executions scheduled to take place between April 17 and April 27, 2017, Letter from ABA President Linda Klein to Arkansas Governor Asa Hutchinson, Apr. 11, 2017
• Hearing on South Dakota H.B. 1099, Testimony from Richard L. Travis on behalf of the American Bar Association before the 92nd Session of the South Dakota Legislative Assembly, Feb. 13, 2017
• Hearing on Virginia H.B. 1522, Testimony from W. Lawrence Fitch on behalf of the American Bar Association before the Virginia General Assembly House Courts of Justice Committee, Criminal Law Subcommittee, Jan. 30, 2017

2016

• Creation of Capital Habeas Units, Letter from Thomas M. Susman, Governmental Affairs Office, before the Honorable Carl E. Stewart, Chief Judge, Fifth Circuit Court of Appeals, Dec. 13, 2016
• The case of California death-row inmate Kevin Cooper, Letter from ABA President Paulette Brown to Governor Edmund “Jerry” Brown of California, Mar. 14, 2016
• Alabama Hearing on Death Penalty Representation under the Criminal Justice Act, Testimony of Emily M. Olson-Gault on behalf of the American Bar Association before the Judicial Conference of the United States Committee to Review the Criminal Justice Act Program, Feb. 18, 2016

2015

• Support of Texas S.B. 1071 and H.B. 2110, Letter from ABA President William C. Hubbard to Texas Senate Committee on Criminal Justice and House Committee on Criminal Jurisprudence, Mar. 30, 2015
  
• Opposing Colorado H.B. 12-1218, Legislation that Prevents Defense Teams from Meeting their Duties Under the Sixth Amendment and ABA Standards, Letter from Thomas M. Susman, Governmental Affairs Office, to the Colorado House Judiciary Committee, Mar. 16, 2015
• Florida S.B.664 and H.B. 139 and the Importance of Jury Unanimity in Death Penalty Sentencing, Letter from ABA President William C. Hubbard to the Florida Senate Committee on Criminal Justice and the Florida House of Representatives Criminal Justice Subcommittee, Mar. 9, 2015

2014

• Duty to Investigate During Post-Conviction Proceedings, Memorandum from Robin M. Maher to Judge Joseph C. Welty, Maricopa County Superior Court, June 4, 2014
• Department of Justice analysis of the current use of the death penalty and survey of state-level protocols and policies, Letter from ABA President James R. Silkenat to Attorney General Eric H. Holder Jr., May 15, 2014
• Nomination of Debo Adegbile to be Assistant Attorney General for the Civil Rights Division, Letter from ABA President James R. Silkenat to Senators Patrick Leahy and Chuck Grassley, Jan. 13, 2014

2013

• Veto of Florida H.B.7083, the Timely Justice Act, Letter from ABA President Laurel G. Bellows to Florida Governor Rick Scott, May 15, 2013

2012

• The Execution of John Ferguson, Letter from ABA President Laurel G. Bellows to Florida Governor Rick Scott, Oct. 9, 2012
• “Certification Process for State Capital Counsel Systems,” Docket No. 1540, Comments submitted by ABA President William "Bill" Robinson III, on behalf of the American Bar Association to the Department of Justice Office of Justice Programs, Mar. 14, 2012
• Proposed Special Procedures for Reviewing Attorney Compensation Requests in Death Penalty Cases, Comments of the American Bar Association to Samuel W. Phillips, Circuit Executive of the U.S. 4th Circuit Court of Appeals, Jan. 30, 2012

2011

• Department of Justice’s Review of the Proposed Rule to Implement the Certification Process for State Capital Counsel Systems, Letter from ABA President Stephen N. Zack to U.S. Attorney General Eric Holder, June 1, 2011
• “Certification Process for State Capital Counsel Systems,” Docket No. 1540, Comments of the American Bar Association to Department of Justice Office of Justice Programs, May 31, 2011

2009

• Hearing on the Impact of Federal Habeas Corpus Limitations on Death Penalty Appeals, Testimony of Stephen F. Hanlon on behalf of the American Bar Association before the U.S. House of Representatives Committee on the Judiciary, Subcommittee on the Constitution, Civil Rights, and Civil Liberties, Dec. 8, 2009
• Vote Against the Sessions Amendment (No. 1615), Letter from Thomas M. Susman, Governmental Affairs Office, to the United States Senate, July 20, 2009
• “Certification Process for State Capital Counsel Systems,” Docket No. 1464, Comments of the American Bar Association to Department of Justice Office of Justice Programs, Apr. 6, 2009
• Hearing on Representation of Indigent Defendants in Criminal Cases: A Constitutional Crisis in Michigan and other States, Statement of former ABA President Dennis Archer on behalf of the American Bar Association before the U.S. House of Representatives Committee on the Judiciary, Subcommittee on Crime, Terrorism and Homeland Security, Mar. 26, 2009
• Proposed Amendment to Rule 20 of the Rules of Superintendence, Letter from Prof. Phyllis L. Crocker, Chair of the ABA Ohio Death Penalty Assessment Team, on behalf of the American Bar Association to Tammy White, Supreme Court of Ohio Office of Attorney Services, Mar. 17, 2009

2008

• Hearing on “The Adequacy of Representation in Capital Cases,” Testimony of ABA President Michael S. Greco on behalf of the American Bar Association before the United States Senate Committee on the Judiciary, Subcommittee on the Constitution, April 8, 2008

2007

• “Chapter 154 Certification Procedures,” Docket No. 1464, Comments submitted by Denise Cardman, Government Affairs, Office, on behalf of the American Bar Association to Department of Justice Office of Justice Programs, Aug. 25, 2007

2006

• Concerns expressed by the Arizona Attorney General on the Petition to Amend Rule 6.8 of the Arizona Rules of Criminal Procedure, Letter from Robin M. Maher to the Arizona State Bar Indigent Defense Task Force, July 5, 2006

2005

• U.S. S.1088, the Streamlined Procedures Act of 2005, Statement of Prof. Eric M. Freedman on behalf of the American Bar Association to the United States Senate Committee on the Judiciary, Nov. 16, 2005
• Proposed habeas corpus amendment to U.S. H.R. 1751 Safe Access to Justice and Court Protection Act of 2005, Letter from Robert D. Evans, ABA Governmental Affairs Office, on behalf of the American Bar Association to Congressman Bobby Scott of the U.S. House of Representatives, Nov. 8, 2005
• U.S. S.1088, the Judiciary Committee-adopted substitute to the proposed “Streamlined Procedures Act of 2005” (SPA), Letter from Robert D. Evans, ABA Governmental Affairs Office, to Chairman Arlen Specter and Senator Patrick Leahy of the Senate Judiciary Committee, Sept. 27, 2005
• Habeas Corpus Proceedings and Issues of Actual Innocence, Statement of Prof. Eric M. Freedman on behalf of the American Bar Association to the United States Senate Committee on the Judiciary, July 13, 2005
• U.S. S.1088, the Streamlined Procedures Act of 2005, Letter from ABA President Robert J. Grey, Jr. to the United States Senate Committee on the Judiciary, Subcommittee on Crime, Terrorism, and Homeland Security, June 28, 2005
  
• Tennessee S.B. 203 and H.B. 1170 Prohibiting Ex Parte Hearings to Determine the Necessity of Investigative or Expert Services for Indigent Capital Defendants, Letter from Robin M. Maher to Representative Joe Fowlkes and Senator Curtis Person, Jr. of the Tennessee Legislature, Mar. 16, 2005