BJA FY25 Capital Case Litigation Initiative: Improving the Quality of Legal Representation in State Capital Cases

The Bureau of Justice Assistance within the U.S. Department of Justice administers the Capital Case Litigation Initiative to strengthen the justice system’s handling of state capital cases. This program is rooted in federal statutory authority and reflects the Department’s broader mission to uphold the rule of law, protect civil rights, and enhance public safety. Through this initiative, the agency provides funding and guidance to state governments to improve both prosecutorial effectiveness and defense representation in capital cases, particularly where defendants are indigent. The purpose of this funding opportunity is to enhance the ability of prosecutors to effectively represent the public in state capital proceedings while also improving the quality of legal representation provided to indigent defendants. The program is structured to ensure a balanced investment between prosecution and defense functions. States receiving funding are required to allocate resources equally between capital prosecution and capital representation activities, ensuring that both sides of the legal process are strengthened. Funding supports a range of allowable activities. On the prosecution side, applicants may develop training programs, establish performance standards, conduct case reviews, implement measures to reduce trial errors, and support victims’ families. On the defense side, funding may be used to build or improve systems that ensure competent legal representation for individuals facing capital punishment, including appellate and Supreme Court proceedings. However, funds may not be used for direct representation in specific capital cases, nor for activities that violate federal laws or civil rights protections. Eligibility is limited to state government entities in jurisdictions that authorize capital punishment and actively conduct or plan to conduct such prosecutions. Applicants may submit only one application, though partnerships are permitted through subrecipient arrangements. No cost sharing or matching requirement applies to this opportunity, lowering barriers to participation for eligible entities. The application process follows a two-step submission system. Applicants must first submit a standard federal assistance form through Grants.gov, followed by a full application package in JustGrants. Required components include a proposal narrative, budget detail form, timeline, certifications, and supporting documentation such as letters of support and memoranda of understanding. The proposal narrative must address the problem statement, project goals, implementation strategy, and organizational capacity. Applications are evaluated through a structured review process beginning with basic eligibility screening, followed by peer review based on criteria such as project design, goals, capacity, and budget. Additional programmatic and financial reviews assess risk and alignment with agency priorities. Final funding decisions are made by the Assistant Attorney General and consider multiple factors beyond peer review scores. The funding opportunity was released in April 2026, with a two-step deadline structure requiring submission of the initial form by late May 2026 and the full application shortly thereafter. Awards are expected to support projects over a 36-month performance period beginning in mid-2026. Recipients must comply with reporting requirements, including financial and performance reports, and are subject to federal oversight and compliance standards throughout the award period.

Ensure equal allocation between prosecution and defense components; align project goals with DOJ priorities; provide strong data-driven problem statement; clearly demonstrate organizational capacity and implementation plan