1:14-mc-01040-JES # 1 Page 1 of 1
E-FILED
Friday, 27 June, 2014 11:45:10 AM
IN THE UNITED STATES DISTRIC COURT
Clerk, U.S. District Court, ILCD
CENTRAL DITRICT OF ILLINOIS
In Re: Appointment of Counsel for No. 14 MC 1040
Clemency Petitions
ADMINISTRATIVE ORDER
On January 30, 2014, the Deputy Attorney General announced an initiative
to encourage inmates to petition for executive clemency, a process by which the
President of the United States may reduce terms of imprisonment. Since the
announcement of that initiative, the Court has received requests in various forms
from inmates seeking the appointment of counsel to assist in the preparation of
clemency petitions.
The Court may not appoint counsel paid from public funds where such
appointment is not authorized by the Criminal Justice Act, Title 18, United States
Code, Section 3006(A). See United States v. Foster, 706 F3d 887, 888 (7th Cir 2013),
cert denied by Foster v. United States, 134 SCt 249 (2013). The Act requires the
appointment of counsel under a number of clearly defined circumstances in
criminal proceedings, but assistance with the filing clemency petitions is not
among them. 18 USC § 3006A(a)(1)(A)-(J). The Act also allows the appointment
of counsel when “the interests of justice so require” for any financially eligible
person who “(A) is charged with a Class B or C misdemeanor, or an infraction
for which a sentence to confinement is authorized; or (B) is seeking relief under
Section 2241, 2254, or 2255 of title 28.” 18 USC § 3006(A)(a)(2)(A)-(B). As the text
makes clear, assistance with the filing of a clemency petition does not fall within
a court’s permissive appointment power either.
Because the Criminal Justice Act neither requires nor allows the
appointment of counsel for the purpose of assisting an inmate with a clemency
petition, the Clerk of the Court shall, pursuant to this Administrative Order,
deny any such requests and send a copy of this Administrative Order to the
inmate along with notice of the denial of the request for the appointment of
counsel.
Entered on June 27, 2014
s/James E. Shadid
JAMES E. SHADID, Chief Judge
United States District Court
Central District of Illinois
