A financially eligible defendant indicted for a capital crime is entitled, upon request, under 18 U.S.C. § 3005 to appointment of two attorneys, at least one of whom shall be learned in the law applicable to capital cases, even if the government is not seeking the death penalty. United States v. Boone, 245 F.3d 352 (4th Cir. 2001).
A financially eligible person seeking to vacate or set aside a death sentence in proceedings under 28 U.S.C. § 2254 or § 2255 is entitled to appointment of one or more qualified attorneys. 18 U.S.C. § 3599(a)(2). Due to the complex, demanding, and protracted nature of death penalty proceedings, judicial officers should consider appointing at least two attorneys. 7 Guide to Judiciary Policy § 620.10120.
In addition, appointed counsel may, with prior court authorization, use the services of attorneys who work in association with them, provided that the employment of such additional counsel (at a reduced hourly rate) diminishes the total cost of representation or is required to meet time limits. 7 Guide to Judiciary Policy § 620.10.20.