Commonwealth v. Spotz

I join the Majority Opinion in its entirety. I write separately to note and address broader issues implicated by the role and performance of federal counsel in purely state court collateral proceedings in capital cases, such as this one.

Although the sources of the Federal Defender’s funding are not entirely clear or easily ascertainable, the federal courts apparently play a central role in financing these activities in state court through the Administrative Office of Federal Courts.1 To my knowledge, this policy has been determined and implemented without the consultation and involvement of…