(a) Initial Appointment of Counsel - Upon receipt of the habeas
corpus petition or the initial request for appointment of counsel,
unless the petition is patently frivolous, or the request for
appointment of counsel is clearly premature, the Federal Public
Defender’s Office (“FPDO”) will be appointed. If the FPDO
has already been assigned the maximum number of cases, as
determined by the Defender Services Committee of the United
States Judicial Conference, and the FPDO has not agreed to an
excess appointment, or otherwise has a conflict or cannot accept
the appointment, lead and second counsel must be selected and
appointed from a panel of attorneys, qualified for appointment
in capital habeas corpus cases. In exceptional circumstances,
the Court may appoint an attorney who is not a member of the
panel.
(b) Subsequent Appointment of Second Counsel - If second
counsel is not appointed at the time lead counsel is appointed,
and lead counsel recommends that second counsel be
appointed, lead counsel must apply to the assigned judge for
appointment of a second counsel.
(c) Substitution of First or Second Counsel - If the assigned judge,
in his or her discretion, determines that the substitution of
counsel is necessary, section (a) applies.
