Opportunity Information: Apply for BJA 2013 3443

  • The Bureau of Justice Assistance in the law, justice and legal services sector is offering a public funding opportunity titled "BJA FY 13 Capital Case Litigation Initiative" and is now available to receive applicants.
  • Interested and eligible applicants and submit their applications by referencing the CFDA number(s): 16.746 Capital Case Litigation Initiative.
  • This funding opportunity was created on Jan 2, 2013 and posted on Jan 2, 2013.
  • Applicants must submit their applications by Mar 28, 2013. (Agency may still review applications by suitable applicants for the remaining/unused allocated funding in 2026.)
  • Each selected applicant is eligible to receive up to $250,000.00 in funding.
  • Eligible applicants include: Others (see text field entitled Additional Information on Eligibility for clarification).
  • Eligible applicants are limited to state agencies in states that authorize capital punishment and that conduct, or will conduct, prosecutions in which capital punishment is sought. For the state agency to be eligible, its state must have an effective system for providing competent legal representation for indigent defendants in capital cases. An effective system is defined in 42 U.S.C. 14163(e) as a system that invests the responsibility for appointing qualified attorneys to represent indigent defendants in capital cases (A) In a public defender program that relies on staff attorneys, members of the private bar, or both, to provide representation in capital cases (B) In an entity established by statute or by the highest state court with jurisdiction in criminal cases, which is composed of individuals with demonstrated knowledge and expertise in capital cases, except for individuals employed as prosecutors or (C) Pursuant to a statutory procedure enacted before the date of the enactment of the CCLI Act October 30, 2002 under which the trial judge is required to appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar entity. Applicants must identify in the application (see page 10) which of these three qualifying effective systems their state has in place. Applicants that do not identify an effective system in their application will NOT be eligible for an award.
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Opportunity Summary:

The BJA FY 13 Capital Case Litigation Initiative (CCLI) was a discretionary grant program run by the U.S. Department of Justice, Bureau of Justice Assistance, under CFDA 16.746. Its central goal was to support high-quality training focused on death penalty litigation, with an emphasis on strengthening the quality of legal representation for indigent defendants charged with capital crimes while also improving prosecutors ability to represent the public effectively in state capital cases. The program was authorized under 42 U.S.C. 14163 and related provisions, and it was designed around the idea that capital cases are uniquely complex and high stakes, so targeted, specialized training can meaningfully improve the fairness, reliability, and overall functioning of state capital litigation.

Funding was offered through a grant mechanism with no cost sharing or matching requirement. The maximum award amount was listed as $250,000, and there was no stated minimum award (award floor of $0). The opportunity was posted on January 2, 2013, and applications were due by March 28, 2013. After the close, the opportunity was archived on April 27, 2013. The funding opportunity number was BJA 2013 3443.

Eligibility was narrowly limited. Applicants had to be state agencies located in states that authorize capital punishment and that conduct, or plan to conduct, prosecutions where the death penalty is sought. In addition, the state had to have what the statute calls an "effective system" for providing competent legal representation to indigent defendants in capital cases. The solicitation required applicants to explicitly identify, within the application, which qualifying "effective system" their state used. This point was not optional: if an applicant did not identify an effective system in its submission, it would be deemed ineligible and would not receive an award.

The solicitation referenced the statutory definition of an "effective system" at 42 U.S.C. 14163(e) and laid out three acceptable structures. First, the responsibility for appointing qualified attorneys can rest in a public defender program that uses staff attorneys, private bar attorneys, or a combination of both to provide capital representation. Second, the appointment responsibility can be vested in an entity created by statute or by the states highest court with criminal jurisdiction, composed of individuals with demonstrated expertise in capital cases, with the important restriction that the entity cannot include individuals employed as prosecutors. Third, a state can qualify through a statutory appointment procedure that was enacted before October 30, 2002 (the enactment date referenced in the notice), where the trial judge must appoint qualified attorneys from a roster maintained by a state or regional selection committee or similar body. In practical terms, the program was aimed at states that already had a structured, competency-focused system for appointing defense counsel in death penalty cases, and the grant was meant to build on that foundation through training rather than to create an appointment system from scratch.

From an operational standpoint, the program fit within the Law, Justice and Legal Services activity category and was framed as a training-focused initiative addressing death penalty issues. Although the brief description does not list specific curricula, the stated purpose signals training that would be relevant to the specialized demands of capital litigation, including issues that commonly arise in death penalty cases and that affect both defense and prosecution practice. The overall intent was to raise the quality and consistency of capital case litigation by improving the skills and preparedness of practitioners involved in these cases, thereby supporting more competent representation for indigent defendants and more effective advocacy on behalf of the public.

For access and submission logistics, the announcement directed applicants needing help with electronic access to consult the full announcement and noted that technical assistance for submitting applications through Grants.gov was available via the Grants.gov Customer Support Hotline at 1-800-518-4726 or 606-545-5035, or by email at support@grants.gov.

FAQs - BJA FY 13 Capital Case Litigation Initiative (CCLI) (BJA 2013 3443)

What is the BJA FY 13 Capital Case Litigation Initiative (CCLI)?

The BJA FY 13 Capital Case Litigation Initiative (CCLI) was a discretionary grant program run by the U.S. Department of Justice, Bureau of Justice Assistance (BJA), under CFDA 16.746. Its purpose was to support high-quality training focused on death penalty (capital) litigation.

What was the main goal of this grant program?

The central goal was to strengthen the quality of legal representation for indigent defendants charged with capital crimes and to improve prosecutors' ability to represent the public effectively in state capital cases, using specialized training designed for the unique complexity and high stakes of death penalty litigation.

Which federal agency administered this opportunity?

The opportunity was administered by the U.S. Department of Justice (DOJ), Bureau of Justice Assistance (BJA).

What was the CFDA number for this program?

The CFDA number listed for this program was 16.746.

What was the funding opportunity number?

The funding opportunity number was BJA 2013 3443.

What was the legal authority for the program?

The solicitation stated that the program was authorized under 42 U.S.C. 14163 and related provisions.

What type of activities did the program support?

The program was framed as a training-focused initiative addressing death penalty issues within the Law, Justice and Legal Services activity category. While specific curricula were not listed in the provided summary, the stated purpose indicated training relevant to the specialized demands of capital litigation for both defense and prosecution practice.

Was this a formula grant or a discretionary grant?

It was a discretionary grant program.

What was the maximum award amount?

The maximum award amount listed was $250,000.

Was there a minimum award amount?

No minimum award amount was stated. The award floor was listed as $0.

Was cost sharing or matching required?

No. The program was offered with no cost sharing or matching requirement.

Who was eligible to apply?

Eligibility was limited to state agencies located in states that authorize capital punishment and that conduct, or plan to conduct, prosecutions where the death penalty is sought.

Did eligible states need to have any specific system in place?

Yes. The state had to have an "effective system" for providing competent legal representation to indigent defendants in capital cases, as referenced in 42 U.S.C. 14163(e).

What did applicants have to include in the application about the state's "effective system"?

Applicants were required to explicitly identify, within the application, which qualifying "effective system" their state used. This identification was mandatory.

What happened if an applicant did not identify an "effective system" in the application?

If an applicant did not identify an effective system in its submission, the solicitation stated the applicant would be deemed ineligible and would not receive an award.

How did the solicitation define an "effective system" for capital defense representation?

The solicitation referenced 42 U.S.C. 14163(e) and described three acceptable structures that could qualify as an "effective system."

What is one qualifying "effective system" structure mentioned in the solicitation?

One qualifying structure is a public defender program responsible for appointing qualified attorneys, using staff attorneys, private bar attorneys, or a combination of both to provide capital representation.

What is a second qualifying "effective system" structure mentioned in the solicitation?

A second structure is an entity created by statute or by the state's highest court with criminal jurisdiction, composed of individuals with demonstrated expertise in capital cases, with the restriction that the entity cannot include individuals employed as prosecutors.

What is a third qualifying "effective system" structure mentioned in the solicitation?

A third structure is a statutory appointment procedure enacted before October 30, 2002, where the trial judge must appoint qualified attorneys from a roster maintained by a state or regional selection committee (or similar body).

Was this grant intended to help states create a new appointment system for capital defense counsel?

Based on the solicitation summary, the program was aimed at states that already had a structured, competency-focused system for appointing defense counsel in death penalty cases, and the grant was intended to build on that foundation through training rather than create an appointment system from scratch.

When was the opportunity posted?

The opportunity was posted on January 2, 2013.

When were applications due?

Applications were due by March 28, 2013.

When was the opportunity archived?

The opportunity was archived on April 27, 2013, after the application period closed.

How were applications submitted?

The announcement referenced electronic submission through Grants.gov and directed applicants needing help with electronic access to consult the full announcement.

Where could applicants get technical help with Grants.gov submission?

Technical assistance for submitting applications through Grants.gov was available through the Grants.gov Customer Support Hotline at 1-800-518-4726 or 606-545-5035, or by email at support@grants.gov.

What kinds of outcomes was the program trying to improve?

The program intent was to improve the fairness, reliability, and overall functioning of state capital litigation by improving the skills and preparedness of practitioners involved in capital cases, supporting more competent representation for indigent defendants and more effective advocacy on behalf of the public.

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