The office was established to provide representation to indigent persons charged with death penalty eligible offenses in the state courts of Mississippi at the trial level, and on direct appeal in cases where the death penalty has been imposed. The office was created as part of the Capital Defense Litigation Act of 2000 to both improve the overall quality of death penalty advocacy and to relieve the financial burden death penalty cases pose to local governments.

On July 6, 2001, André de Gruy was appointed the first director. Mr. de Gruy began state service on August 1, 2001, and the office accepted its first case on September 12, 2001. In most trial level cases, the office works with local co-counsel funded by the county of prosecution. Co-counsel is usually the county public defender. As of June 30, 2007, the office had assumed representation in 86 death penalty eligible cases at the trial level (seven without local co-counsel) and 11 death penalty cases on direct appeal.

The office has also joined public defenders in filing ten petitions for certiorari in the Supreme Court of the United States. One petition for certiorari was granted, and the office filed the Brief of Petitioner in that case. In addition to direct representation, the office offers consultative assistance in death penalty eligible cases and death penalty direct appeals handled by outside counsel where not prevented by conflict of interest rules and facilitates or provides training opportunities and materials to death penalty defenders.

The office was originally funded with a General Fund (primarily tax collections) appropriation. Because of funding shortages the office has never operated at full staffing. The 2005 legislature amended the criminal assessments statute to establish a $1.89 assessment on all criminal convictions, including traffic violations, to fund the office in lieu of general funds. This assessment was inadequate to meet the office budget, and the 2007 legislature increased the assessment to $2.89 to meet the budget for the office.

The office tracks capital cases and compiles rosters of death penalty cases and dockets of death penalty eligible cases. Based on case tracking data from July 1, 2001 – June 30, 2007, it is estimated that there will be 75 new death penalty eligible cases per year. Prosecutors are expected to decide, at an early stage of proceedings, not to seek the death penalty in 15 of these cases reducing the number of death penalty eligible cases per year to 60. Fifteen (15) of these cases are expected to be handled by retained counsel.

At present staffing, the office will provide death penalty qualified attorneys and investigators in 15 new death penalty eligible cases per year. This number assumes locally appointed and funded co-counsel will be provided. The counties will fully fund the estimated 30 indigent death penalty eligible cases per year that the office does not handle. The office will handle most direct appeals and facilitate training opportunities. The office will again be seeking increased funding in the next legislative session to more fully implement the Capital Defense Litigation Act of 2000.