2006 Code of Virginia § 19.2-163.7 - Counsel in capital cases

19.2-163.7. Counsel in capital cases.

In any case in which an indigent defendant is charged with a capital offense,the judge of the circuit court, upon request for the appointment of counsel,shall appoint at least two attorneys from the list or lists established bythe Supreme Court and the Indigent Defense Commission or as provided insubsection C of 19.2-163.8 to represent the defendant at trial and, if thedefendant is sentenced to death, on appeal. In all cases where counsel isappointed under this section after July 1, 2004, one of the attorneysappointed shall be from a capital defense unit maintained by the IndigentDefense Commission. This section shall be construed in conformity with theprovisions of 19.2-163.4. If prior to indictment the attorney for theCommonwealth declares in writing that the Commonwealth will not seek thedeath penalty, the capital defense unit attorney may upon motion before thecircuit court seek to withdraw as counsel. The circuit court judge havingheard the motion to withdraw shall permit the capital defense unit attorneyto withdraw and shall appoint another attorney pursuant to the provisions of 19.2-159. If the sentence of death is affirmed on appeal, the court shall,within 30 days after the decision of the Supreme Court of Virginia, appointcounsel from the same list, or such other list as the Supreme Court and theCommission may establish, to represent an indigent prisoner under sentence ofdeath in a state habeas corpus proceeding. The Attorney General shall have nostanding to object to the appointment of counsel for the petitioner.

(1991, c. 664; 1995, c. 503; 2001, c. 766; 2002, c. 614; 2004, cc. 329, 884,921.)