118 STAT. 2287 PUBLIC LAW 108–405—OCT. 30, 2004 (B) establish and maintain a roster of qualified attor neys; (C) except in the case of a selection committee or similar entity described in paragraph (1)(C), assign 2 attor neys from the roster to represent an indigent in a capital case, or provide the trial judge a list of not more than 2 pairs of attorneys from the roster, from which 1 pair shall be assigned, provided that, in any case in which the State elects not to seek the death penalty, a court may find, subject to any requirement of State law, that a second attorney need not remain assigned to represent the indigent to ensure competent representation; (D) conduct, sponsor, or approve specialized training programs for attorneys representing defendants in capital cases; (E)(i) monitor the performance of attorneys who are appointed and their attendance at training programs; and ‘‘(ii) remove from the roster attorneys who— ‘‘(I) fail to deliver effective representation or engage in unethical conduct; ‘‘(II) fail to comply with such requirements as such program, entity, or selection committee or similar entity may establish regarding participation in training programs; or ‘‘(III) during the past 5 years, have been sanctioned by a bar association or court for ethical misconduct relating to the attorney’s conduct as defense counsel in a criminal case in Federal or State court; and (F) ensure funding for the cost of competent legal rep resentation by the defense team and outside experts selected by counsel, who shall be compensated— (i) in the case of a State that employs a statutory procedure described in paragraph (1)(C), in accordance with the requirements of that statutory procedure; and (ii) in all other cases, as follows: (I) Attorneys employed by a public defender program shall be compensated according to a salary scale that is commensurate with the salary scale of the prosecutor’s office in the jurisdiction. (II) Appointed attorneys shall be compensated for actual time and service, computed on an hourly basis and at a reasonable hourly rate in light of the qualifications and experience of the attorney and the local market for legal representation in cases reflecting the complexity and responsibility of capital cases. (III) Non attorney members of the defense team, including investigators, mitigation special ists, and experts, shall be compensated at a rate that reflects the specialized skills needed by those who assist counsel with the litigation of death penalty cases. (IV) Attorney and non attorney members of the defense team shall be reimbursed for reason able incidental expenses.
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