WASHINGTON — The Department of Justice is proposing a rule aimed at speeding up the federal review process in state death penalty cases — a move officials say could significantly shorten the time between conviction and execution.
Attorney General Pamela Bondi announced the proposal on March 17, describing it as part of a broader effort to streamline capital case proceedings and reduce delays that can stretch on for years.
“This proposed rule will help states achieve the promise of swift and effective justice for victims of capital crimes,” Bondi said in a statement. “We are fulfilling the Department of Justice’s commitment to restoring the death penalty as the ultimate punishment for the worst criminals in America.”
At the center of the proposal is Chapter 154 of Title 28, which allows for an expedited federal habeas review process in capital cases. That process is only available to states that meet specific requirements, including providing qualified legal counsel for individuals sentenced to death during postconviction proceedings.
While Congress established the framework in 1996 and later revised it in 2006, no state has successfully used the expedited process. According to the DOJ, that’s largely due to additional certification barriers imposed at the federal level.
The proposed rule would remove some of those barriers, making it easier for states to qualify. It would also make certification decisions permanent, rather than subject to a five-year renewal period — a change the DOJ says could encourage more states to apply.
The proposal aligns with a Jan. 20 executive order from President Donald Trump focused on restoring the use of the death penalty and promoting public safety. It also follows a February memo from Bondi lifting the federal execution moratorium and directing the department to support states in pursuing capital punishment.
The DOJ is now seeking public comment on the proposed rule, with details available through the Federal Register.
