OPINION OF THE COURT
HOLLAND V. FLORIDA
560 U. S. ____ (2010)
SUPREME COURT OF THE UNITED STATES
NO. 09-5327
ALBERT HOLLAND, PETITIONER
v. FLORIDA
on writ of certiorari to the united states court of
appeals for the eleventh circuit
[June 14, 2010]
Justice Breyer delivered the
opinion of the Court.
We here decide that the
timeliness provision in the federal habeas corpus statute is
subject to equitable tolling. See Antiterrorism and Effective Death
Penalty Act of 1996 (AEDPA), 28 U. S. C. §2244(d). We also
consider its application in this case. In the Court of Appeals’
view, when a petitioner seeks to excuse a late filing on the basis
of his attorney’s unprofessional conduct, that conduct, even if it
is “negligent” or “grossly negligent,” cannot “rise to the level of
egregious attorney misconduct” that would warrant equitable tolling
unless the petitioner offers “proof of bad faith, dishonesty,
divided loyalty, mental impairment or so forth.” 539 F. 3d
1334, 1339 (CA11 2008)
(per curiam). In our view, this
standard is too rigid. See
Irwin v.
Department of
Veterans Affairs,
498 U. S. 89, 96 (1990);
see also
Lawrence v.
Florida,
549 U. S. 327, 336 (2007). We
therefore reverse the judgment of the Court of Appeals and remand
for further proceedings.
I
AEDPA states that “[a] 1-year
period of limitation shall apply to an application for a writ of
habeas corpus by a person in custody pursuant to the judgment of a
State court.” §2244(d)(1). It also says that “[t]he time during
which a properly filed application for State post-conviction …
review” is “pending shall not be counted” against the 1-year
period. §2244(d)(2).
On January 19, 2006, Albert
Holland filed a
pro se habeas corpus petition in the
Federal District Court for the Southern District of Florida. Both
Holland (the petitioner) and the State of Florida (the respondent)
agree that, unless equitably tolled, the statutory limitations
period applicable to Holland’s petition expired approximately five
weeks before the petition was filed. See Brief for Respondent 9,
and n. 7; Brief for Petitioner 5, and n. 4. Holland asked
the District Court to toll the limitations period for equitable
reasons. We shall set forth in some detail the record facts that
underlie Holland’s claim.
A
In 1997, Holland was convicted of
first-degree murder and sentenced to death. The Florida Supreme
Court affirmed that judgment.
Holland v.
State,
773 So. 2d 1065 (Fla. 2000). On
October 1, 2001, this
Court denied Holland’s petition for certiorari.
534 U. S. 834. And on
that date—the date that our denial of the petition ended further
direct review of Holland’s conviction—the 1-year AEDPA limitations
clock began to run. See 28 U. S. C. §2244(d)(1)(A);
Jimenez v.
Quarterman, 555 U. S. ___, ___ (2009)
(slip op., at 6).
Thirty-seven days later, on
November 7, 2001, Florida appointed attorney Bradley
Collins to represent Holland in all state and federal
postconviction proceedings. Cf. Fla. Stat. §§27.710, 27.711(2)
(2007). By
September 19, 2002—316 days after his
appointment and 12 days before the 1-year AEDPA limitations period
expired—Collins, acting on Holland’s behalf, filed a motion for
postconviction relief in the state trial court. Cf. Brief for
Respondent 9, n. 7. That filing automatically stopped the
running of the AEDPA limitations period, §2244(d)(2), with, as we
have said, 12 days left on the clock.
For the next three years, Holland’s petition
remained pending in the state courts. During that time, Holland
wrote Collins letters asking him to make certain that all of his
claims would be preserved for any subsequent federal habeas corpus
review. Collins wrote back, stating, “I would like to reassure you
that we are aware of state-time limitations and federal exhaustion
requirements.” App. 55. He also said that he would “presen[t] … to
the … federal courts” any of Holland’s claims that the state courts
denied.
Ibid. In a second letter Collins added, “should
your Motion for Post-Conviction Relief be denied” by the state
courts, “your state habeas corpus claims will then be ripe for
presentation in a petition for writ of habeas corpus in federal
court.”
Id., at 61.
In mid-May 2003 the state trial court denied
Holland relief, and Collins appealed that denial to the Florida
Supreme Court. Almost two years later, in February 2005, the
Florida Supreme Court heard oral argument in the case. See 539
F. 3d, at 1337. But during that 2-year period, relations
between Collins and Holland began to break down. Indeed, between
April 2003 and January 2006, Collins communicated with Holland only
three times—each time by letter. See No. 1:06–cv–20182–PAS (SD
Fla., Apr. 27, 2007), p. 7, n. 6 (hereinafter District
Court opinion), App. 91, n. 6.
Holland, unhappy with this lack of
communication, twice wrote to the Florida Supreme Court, asking it
to remove Collins from his case. In the second letter, filed on
June 17, 2004, he said that he and Collins had experienced “a
complete breakdown in communication.” App. 160. Holland informed
the court that Collins had “not kept [him] updated on the status of
[his] capital case” and that Holland had “not seen or spoken to”
Collins “since April 2003.”
Id., at 150. He wrote, “Mr.
Collins has abandoned [me]” and said, “[I have] no idea what is
going on with [my] capital case on appeal.”
Id., at 152.
He added that “Collins has never made any reasonable effort to
establish any relationship of trust or confidence with [me],”
id., at 155, and stated that he “does not trust” or have
“any confidence in Mr. Collin’s ability to represent [him],”
id., at 152. Holland concluded by asking that Collins be
“dismissed (removed) off his capital case” or that he be given a
hearing in order to demonstrate Collins’ deficiencies.
Id., at 155, 161. The State responded that Holland could
not file any
pro se papers with the court while he was
represented by counsel, including papers seeking new counsel.
Id., at 42–45. The Florida Supreme Court agreed and denied
Holland’s requests.
Id., at 46.
During this same period Holland wrote various
letters to the Clerk of the Florida Supreme Court. In the last of
these he wrote, “[I]f I had a competent, conflict-free,
postconviction, appellate attorney representing me, I would not
have to write you this letter. I’m not trying to get on your
nerves. I just would like to know
exactly what is
happening with my case on appeal to the Supreme Court of Florida.”
Id., at 147. During that same time period, Holland also
filed a complaint against Collins with the Florida Bar Association,
but the complaint was denied.
Id., at 65–67.
Collins argued Holland’s appeal before the
Florida Supreme Court on February 10, 2005. 539 F. 3d, at
1337. Shortly thereafter, Holland wrote to Collins emphasizing the
importance of filing a timely petition for habeas corpus in federal
court once the Florida Supreme Court issued its ruling.
Specifically, on March 3, 2005, Holland wrote:
“Dear Mr. Collins, P. A.:
“How are you? Fine I hope.
“I write this letter to ask that you please
write me back, as soon as possible to let me know what the status
of my case is on appeal to the Supreme Court of Florida.
“If the Florida Supreme Court denies my
[postconviction] and State Habeas Corpus appeals,
please file
my 28 U. S. C. 2254 writ of Habeas Corpus petition, before my
deadline to file it runs out (expires).
“Thank you very much.
“Please have a nice day.” App. 210 (emphasis
added).
Collins did not answer this letter.
On June 15, 2005, Holland wrote again:
“Dear Mr. Collins:
“How are you? Fine I hope.
“On March 3, 2005 I wrote you a letter, asking
that you let me know the status of my case on appeal to the Supreme
Court of Florida.
“Also,
have you begun preparing my 28 U.
S. C. §2254 writ of Habeas Corpus petition? Please let me
know, as soon as possible.
“Thank you.” Id., at 212 (emphasis
added).
But again, Collins did not reply.
Five months later, in November 2005, the
Florida Supreme Court affirmed the lower court decision denying
Holland relief.
Holland v.
State, 916 So. 2d
750
(per curiam). Three weeks after that, on
December
1, 2005, the court issued its mandate, making its decision
final. 539 F. 3d, at 1337. At that point, the AEDPA federal
habeas clock again began to tick—with 12 days left on the 1-year
meter. See
Coates v.
Byrd, 211 F. 3d 1225
(CA11 2000)
(per curiam) (AEDPA clock restarts when state
court completes postconviction review);
Lawrence,
549 U. S. 327 (same). Twelve days
later, on
December 13, 2005, Holland’s AEDPA time limit
expired.
B
Four weeks after the AEDPA time
limit expired, on January 9, 2006, Holland, still unaware of the
Florida Supreme Court ruling issued in his case two months earlier,
wrote Collins a third letter:
“Dear Mr. Bradley M. Collins:
“How are you? Fine I hope.
“I write this letter to ask that you please
let me know the status of my appeals before the Supreme Court of
Florida. Have my appeals been decided yet?
“Please send me the [necessary information] …
so that I can determine when the deadline will be to file my 28 U.
S. C. Rule 2254 Federal Habeas Corpus Petition, in accordance
with all United States Supreme Court and Eleventh Circuit case law
and applicable ‘Antiterrorism and Effective Death Penalty Act,’ if
my appeals before the Supreme Court of Florida are denied.
“Please be advised that I want to preserve my
privilege to federal review of all of my state convictions and
sentences.
“Mr. Collins, would you please also inform me
as to which United States District Court my 28 U. S. C. Rule
2254 Federal Habeas Corpus Petition will have to be timely filed in
and that court’s address?
“Thank you very much.” App. 214.
Collins did not answer.
Nine days later, on January 18, 2006, Holland,
working in the prison library, learned for the first time that the
Florida Supreme Court had issued a final determination in his case
and that its mandate had issued—five weeks prior. 539 F. 3d,
at 1337. He immediately wrote out his own
pro se federal
habeas petition and mailed it to the Federal District Court for the
Southern District of Florida the next day.
Ibid. The
petition begins by stating,
“Comes now Albert R. Holland,
Jr., a Florida death row inmate and states that court appointed
counsel has failed to undertake timely action to seek Federal
Review in my case by filing a 28 U. S. C. Rule 2254 Petition
for Writ of Habeas Corpus on my behalf.” App. 181.
It then describes the various constitutional claims
that Holland hoped to assert in federal court.
The same day that he mailed that petition,
Holland received a letter from Collins telling him that Collins
intended to file a petition for certiorari in this Court from the
State Supreme Court’s most recent ruling. Holland answered
immediately:
“Dear Mr. Bradley M. Collins:
. . . . .
“Since recently, the Supreme Court of Florida
has denied my [postconviction] and state writ of Habeas Corpus
Petition. I am left to understand that you are planning to seek
certiorari on these matters.
“It’s my understanding that the AEDPA time
limitations is not tolled during discretionary appellate reviews,
such as certiorari applications resulting from denial of state post
conviction proceedings.
“Therefore, I advise you
not to file
certiorari if doing so affects or jeopardizes my one year
grace period as prescribed by the AEDPA.
“Thank you very much.”
Id., at 216
(some emphasis deleted).
Holland was right about the law. See
Coates, supra, at 1226–1227 (AEDPA not tolled
during pendency of petition for certiorari from judgment denying
state postconviction review); accord,
Lawrence v.
Florida, 421 F. 3d 1221, 1225 (CA11 2005), aff’d, 549
U. S., at 331–336.
On January 26, 2006, Holland tried to call
Collins from prison. But he called collect and Collins’ office
would not accept the call. App. 218. Five days later, Collins wrote
to Holland and told him for the very first time that, as Collins
understood AEDPA law, the limitations period applicable to
Holland’s federal habeas application had in fact expired in
2000—
before Collins had begun to represent Holland.
Specifically, Collins wrote:
“Dear Mr. Holland:
“I am in receipt of your letter dated January
20, 2006 concerning operation of AEDPA time limitations. One hurdle
in our upcoming efforts at obtaining federal habeas corpus relief
will be that the one-year statutory time frame for filing such a
petition began to run after the case was affirmed on October 5,
2000 [when your] Judgment and Sentence … were affirmed by the
Florida Supreme Court. However, it was not until November 7, 2001,
that I received the Order appointing me to the case. As you can
see,
I was appointed about a year after your case became
final… .
“[T]he AEDPA time period [thus] had run before
my appointment and therefore before your [postconviction] motion
was filed.”
Id., at 78–79 (emphasis added).
Collins was wrong about the law.
As we have said, Holland’s 1-year limitations period did not begin
to run until
this Court denied Holland’s petition for
certiorari from the state courts’ denial of relief on direct
review, which occurred on October 1, 2001. See 28 U. S. C.
§2244(d)(1)(A);
Jimenez, 555 U. S., at ___ (slip op., at
6);
Bond v.
Moore, 309 F. 3d 770, 774 (CA11
2002). And when Collins was appointed (on November 7, 2001) the
AEDPA clock therefore had 328 days left to go.
Holland immediately wrote back to Collins,
pointing this out.
“Dear Mr. Collins:
“I received your letter dated January 31,
2006. You are incorrect in stating that ‘the one-year statutory
time frame for filing my 2254 petition began to run after my case
was affirmed on October 5, 2000, by the Florida Supreme Court.’ As
stated on page three of [the recently filed] Petition for a writ of
certiorari, October 1, 2001 is when the United States Supreme Court
denied my initial petition for writ of certiorari and that is when
my case became final. That meant that the time would be tolled once
I filed my [postconviction] motion in the trial court.
“Also, Mr. Collins you never told me that my
time ran out (expired). I told you to timely file my 28 U.
S. C. 2254 Habeas Corpus Petition before the deadline, so that
I would not be time-barred.
“You never informed me of oral arguments or of
the Supreme Court of Florida’s November 10, 2005 decision denying
my postconviction appeals. You never kept me informed about the
status of my case, although you told me that you would immediately
inform me of the court’s decision as soon as you heard
anything.
“Mr. Collins, I filed a motion on January 19,
2006 [in federal court] to preserve my rights, because I did not
want to be time-barred. Have you heard anything about the aforesaid
motion? Do you know what the status of aforesaid motion is?
“Mr. Collins, please file my 2254 Habeas
Petition immediately. Please do not wait any longer, even though it
will be untimely filed at least it will be filed without wasting
anymore time. (valuable time).
“Again, please file my 2254 Petition at
once.
“Your letter is the first time that you have
ever mentioned anything to me about my time had run out, before you
were appointed to represent me, and that my one-year started to run
on October 5, 2000.
“Please find out the status of my motion that
I filed on January 19, 2006 and let me know.
“Thank you very much.” App. 222–223.
Collins did not answer this letter. Nor did he file
a federal habeas petition as Holland requested.
On March 1, 2006, Holland filed another
complaint against Collins with the Florida Bar Association. See
Record, Doc. 41, Exh. 1, p. 8. This time the bar asked Collins
to respond, which he did, through his own attorney, on March 21.
Id., at 2
. And the very next day, over three
months after Holland’s AEDPA statute of limitations had expired,
Collins mailed a proposed federal habeas petition to Holland,
asking him to review it. See
id., Doc. 20, Exh. W.
But by that point Holland had already filed a
pro se motion in the District Court asking that Collins be
dismissed as his attorney. App. 192. The State responded to that
request by arguing once again that Holland could not file a
pro
se motion seeking to have Collins removed while he was
represented by counsel,
i.e., represented by Collins. See
id., at 47–51. But this time the court considered
Holland’s motion, permitted Collins to withdraw from the case, and
appointed a new lawyer for Holland. See Record, Docs. 9–10, 17–18,
22. And it also received briefing on whether the circumstances of
the case justified the equitable tolling of the AEDPA limitations
period for a sufficient period of time (approximately five weeks)
to make Holland’s petition timely.
C
After considering the briefs, the
Federal District Court held that the facts did not warrant
equitable tolling and that consequently Holland’s petition was
untimely. The court, noting that Collins had prepared numerous
filings on Holland’s behalf in the state courts, and suggesting
that Holland was a difficult client, intimated, but did not hold,
that Collins’ professional conduct in the case was at worst merely
“negligent.” See District Court opinion 7–8, App. 90–93. But the
court rested its holding on an alternative rationale: It wrote
that, even if Collins’ “behavior could be characterized as an
‘extraordinary circumstance,’ ” Holland “did not seek any help
from the court system to find out the date [the] mandate issued
denying his state habeas petition, nor did he seek aid from
‘outside supporters.’ ”
Id., at 8, App. 92. Hence,
the court held, Holland did not “demonstrate” the “due diligence”
necessary to invoke “equitable tolling.”
Ibid.
On appeal, the Eleventh
Circuit agreed with the District Court that Holland’s habeas
petition was untimely. The Court of Appeals first agreed with
Holland that “ ‘[e]quitable tolling can be applied to …
AEDPA’s statutory deadline.’ ” 539 F. 3d, at 1338
(quoting Helton v.
Secretary for Dept. of
Corrections, 259 F. 3d 1310, 1312 (CA11 2001)). But it
also held that equitable tolling could not be applied in a case,
like Holland’s, that involves no more than “[p]ure professional
negligence” on the part of a petitioner’s attorney because such
behavior can never constitute an “extraordinary circumstance.” 539
F. 3d, at 1339. The court wrote:
“We will assume that Collins’s alleged conduct is
negligent, even grossly negligent. But in our view, no allegation
of lawyer negligence or of failure to meet a lawyer’s standard of
care—in the absence of an allegation and proof of bad faith,
dishonesty, divided loyalty, mental impairment or so forth on the
lawyer’s part—can rise to the level of egregious attorney
misconduct that would entitle Petitioner to equitable tolling.”
Ibid.
Holland made “no allegation” that Collins had
made a “knowing or reckless factual misrepresentation,” or that he
exhibited “dishonesty,” “divided loyalty,” or “mental impairment.”
Ibid. Hence, the court held, equitable tolling was
per
se inapplicable to Holland’s habeas petition. The court did
not address the District Court’s ruling with respect to Holland’s
diligence.
Holland petitioned for certiorari. Because the
Court of Appeals’ application of the equitable tolling doctrine to
instances of professional misconduct conflicts with the approach
taken by other Circuits, we granted the petition. Compare 539
F. 3d 1334 (case below), with,
e.g.,
Baldayaque v.
United States, 338 F. 3d 145,
152–153 (CA2 2003) (applying a less categorical approach);
Spitsyn v.
Moore, 345 F. 3d 796, 801–802
(CA9 2003) (same).
II
We have not decided whether
AEDPA’s statutory limitations period may be tolled for equitable
reasons. See
Lawrence, 549 U. S., at 336;
Pace v.
DiGuglielmo,
544 U. S. 408, 418, n. 8
(2005). Now, like all 11 Courts of Appeals that have considered the
question, we hold that §2244(d) is subject to equitable tolling in
appropriate cases. See
Neverson v.
Farquharson,
366 F. 3d 32, 41 (CA1 2004);
Smith v.
McGinnis, 208 F. 3d 13, 17 (CA2 2000)
(per
curiam); Miller v.
New Jersey Dept. of
Corrections, 145 F. 3d 616, 617 (CA3 1998);
Harris v.
Hutchinson, 209 F. 3d 325, 329–330
(CA4 2000);
Davis v.
Johnson, 158 F. 3d 806,
810 (CA5 1998);
McClendon v.
Sherman, 329
F. 3d 490, 492 (CA6 2003);
Taliani v.
Chrans, 189 F. 3d 597, 598 (CA7 1999);
Moore
v.
United States, 173 F. 3d 1131, 1134 (CA8 1999);
Calderon v.
United States Dist. Ct. for Central Dist.
of Cal., 128 F. 3d 1283, 1289 (CA9 1997);
Miller
v.
Marr, 141 F. 3d 976, 978 (CA10 1998);
Sandvik v.
United States, 177 F. 3d 1269,
1272 (CA11 1999)
(per curiam).
We base our conclusion on the
following considerations. First, the AEDPA “statute of limitations
defense . . . is not ‘jurisdictional.’ ”
Day v.
McDonough,
547 U. S. 198, 205
(2006). It does not set forth “an inflexible rule requiring
dismissal whenever” its “clock has run.”
Id., at 208. See
also
id., at 213 (Scalia, J., dissenting) (“We have
repeatedly stated that the enactment of time-limitation periods
such as that in §2244(d), without further elaboration, produces
defenses that are nonjurisdictional and thus subject to waiver and
forfeiture” (citing cases)); Brief for Respondent 22 (describing
AEDPA limitations period as “non-jurisdictional”).
We have previously made clear that a
nonjurisdictional federal statute of limitations is normally
subject to a “rebuttable presumption” in
favor “of
equitable tolling.”
Irwin, 498 U. S., at 95–96; see also
Young v.
United States,
535 U. S. 43, 49 (2002)
(“It is hornbook law that limitations periods are ‘customarily
subject to “equitable tolling” ’ ” (quoting
Irwin,
supra, at 95)).
In the case of AEDPA, the presumption’s
strength is reinforced by the fact that “ ‘equitable
principles’ ” have traditionally “ ‘governed’ ” the
substantive law of habeas corpus,
Munaf v.
Geren,
553 U. S. 674,
693 (2008), for we will “not construe a statute to displace courts’
traditional equitable authority absent the ‘clearest
command,’ ”
Miller v.
French,
530 U. S. 327, 340
(2000) (quoting
Califano v.
Yamasaki,
442 U. S. 682, 705
(1979)). The presumption’s strength is yet further reinforced by
the fact that Congress enacted AEDPA after this Court decided
Irwin and therefore was likely aware that courts, when
interpreting AEDPA’s timing provisions, would apply the
presumption. See,
e.g., Merck & Co. v.
Reynolds, 559 U. S. ___, ___ (2010) (slip op., at 12).
Second, the statute here differs significantly
from the statutes at issue in
United States v.
Brockamp,
519 U. S. 347 (1997),
and
United States v.
Beggerly,
524 U. S. 38 (1998), two
cases in which we held that
Irwin’s presumption had been
overcome. In
Brockamp, we interpreted a statute of
limitations that was silent on the question of equitable tolling as
foreclosing application of that doctrine. But in doing so we
emphasized that the statute at issue (1) “se[t] forth its time
limitations in unusually emphatic form”; (2) used “highly detailed”
and “technical” language “that, linguistically speaking, cannot
easily be read as containing implicit exceptions”; (3)
“reiterate[d] its limitations several times in several different
ways”; (4) related to an “underlying subject matter,” nationwide
tax collection, with respect to which the practical consequences of
permitting tolling would have been substantial; and (5) would, if
tolled, “require tolling, not only procedural limitations, but also
substantive limitations on the amount of recovery—a kind of tolling
for which we … found no direct precedent.” 519 U. S., at 350–352.
And in
Beggerly we held that
Irwin’s presumption
was overcome where (1) the 12-year statute of limitations at issue
was “unusually generous” and (2) the underlying claim “deal[t] with
ownership of land” and thereby implicated landowners’ need to “know
with certainty what their rights are, and the period during which
those rights may be subject to challenge.” 524 U. S., at 48–49.
By way of contrast, AEDPA’s statute of
limitations, unlike the statute at issue in
Brockamp, does
not contain language that is “unusually emphatic,” nor does it
“re-iterat[e]” its time limitation. Neither would application of
equitable tolling here affect the “substance” of a petitioner’s
claim. Moreover, in contrast to the 12-year limitations period at
issue in
Beggerly, AEDPA’s limitations period is not
particularly long. And unlike the subject matters at issue in both
Brockamp and
Beggerly—tax collection and land
claims—AEDPA’s subject matter, habeas corpus, pertains to an area
of the law where equity finds a comfortable home. See
Munaf,
supra, at 693. In short, AEDPA’s 1-year limit reads like an
ordinary, run-of-the-mill statute of limitations. See
Calderon,
supra, at 1288.
Respondent, citing
Brockamp, argues
that AEDPA should be interpreted to foreclose equitable tolling
because the statute sets forth “explicit exceptions to its basic
time limits” that do “not include ‘equitable tolling.’ ” 519
U. S., at 351; see Brief for Respondent 27. The statute does
contain multiple provisions relating to the events that
trigger its running. See §2244(d)(1);
Clay v.
United States,
537 U. S. 522, 529
(2003); see also
Cada v.
Baxter Healthcare Corp.,
920 F. 2d 446, 450 (CA7 1990) (“We must … distinguish between
the
accrual of the plaintiff’s claim and the
tolling of the statute of limitations …”);
Wims
v.
United States, 225 F. 3d 186, 190 (CA2 2000)
(same);
Wolin v.
Smith Barney Inc., 83 F. 3d
847, 852 (CA7 1996) (same). And we concede that it is silent as to
equitable tolling while containing one provision that expressly
refers to a different kind of tolling. See §2244(d)(2) (stating
that “[t]he time during which” a petitioner has a pending request
for state postconviction relief “shall not be counted toward” his
“period of limitation” under AEDPA). But the fact that Congress
expressly referred to tolling during state collateral
review proceedings is easily explained without rebutting the
presumption in favor of equitable tolling. A petitioner cannot
bring a federal habeas claim without first exhausting state
remedies—a process that frequently takes longer than one year. See
Rose v.
Lundy,
455 U. S. 509 (1982);
§2254(b)(1)(A). Hence, Congress had to explain how the limitations
statute accounts for the time during which such state proceedings
are pending. This special need for an express provision undermines
any temptation to invoke the interpretive maxim
inclusio unius
est exclusio alterius (to include one item (
i.e.,
suspension during state-court collateral review) is to exclude
other similar items (
i.e., equitable tolling)). See
Young, supra, at 53 (rejecting claim that an
“express tolling provision, appearing in the same subsection as the
[limitations] period, demonstrates a statutory intent
not
to toll the [limitations] period”).
Third, and finally, we disagree with
respondent that equitable tolling undermines AEDPA’s basic
purposes. We recognize that AEDPA seeks to eliminate delays in the
federal habeas review process. See
Day, 547 U. S., at
205–206;
Miller-El v.
Cockrell,
537 U. S. 322, 337
(2003). But AEDPA seeks to do so without undermining basic habeas
corpus principles and while seeking to harmonize the new statute
with prior law, under which a petition’s timeliness was always
determined under equitable principles. See
Slack v.
McDaniel, 529 U. S. 473, 483
(2000) (“AEDPA’s present provisions … incorporate earlier habeas
corpus principles”); see also
Day, 547 U. S., at 202,
n. 1;
id., at 214 (Scalia, J., dissenting); 2 R.
Hertz & J. Liebman, Federal Habeas Corpus Practice and
Procedure §24.2, pp. 1123–1136 (5th ed. 2005). When Congress
codified new rules governing this previously judicially managed
area of law, it did so without losing sight of the fact that the
“writ of habeas corpus plays a vital role in protecting
constitutional rights.”
Slack, 529 U. S., at 483. It did
not seek to end every possible delay at all costs. Cf.
id., at 483–488. The importance of the Great Writ, the
only writ explicitly protected by the Constitution, Art. I,
§9, cl. 2, along with congressional efforts to harmonize the
new statute with prior law, counsels hesitancy before interpreting
AEDPA’s statutory silence as indicating a congressional intent to
close courthouse doors that a strong equitable claim would
ordinarily keep open.
For these reasons we conclude that neither
AEDPA’s textual characteristics nor the statute’s basic purposes
“rebut” the basic presumption set forth in
Irwin. And we
therefore join the Courts of Appeals in holding that §2244(d) is
subject to equitable tolling.
III
We have previously made clear
that a “petitioner” is “entitled to equitable tolling” only if he
shows “(1) that he has been pursuing his rights diligently, and (2)
that some extraordinary circumstance stood in his way” and
prevented timely filing.
Pace, 544 U. S., at 418 (emphasis
deleted). In this case, the “extraordinary circumstances” at issue
involve an attorney’s failure to satisfy professional standards of
care. The Court of Appeals held that, where that is so, even
attorney conduct that is “grossly negligent” can never warrant
tolling absent “bad faith, dishonesty, divided loyalty, mental
impairment or so forth on the lawyer’s part.” 539 F. 3d, at
1339. But in our view, the Court of Appeals’ standard is too
rigid.
We have said that courts of
equity “must be governed by rules and precedents no less than the
courts of law.”
Lonchar v.
Thomas,
517 U. S. 314, 323
(1996) (internal quotation marks omitted). But we have also made
clear that often the “exercise of a court’s equity powers … must be
made on a case-by-case basis.”
Baggett v.
Bullitt,
377 U. S. 360, 375
(1964). In emphasizing the need for “flexibility,” for avoiding
“mechanical rules,”
Holmberg v.
Armbrecht,
327 U. S. 392,
396 (1946)
, we have followed a tradition in which courts
of equity have sought to “relieve hardships which, from time to
time, arise from a hard and fast adherence” to more absolute legal
rules, which, if strictly applied, threaten the “evils of archaic
rigidity,”
Hazel-Atlas Glass Co. v.
Hartford-Empire
Co.,
322 U. S.
238, 248 (1944). The “flexibility” inherent in “equitable
procedure” enables courts “to meet new situations [that] demand
equitable intervention, and to accord all the relief necessary to
correct … particular injustices.”
Ibid. (permitting
postdeadline filing of bill of review). Taken together, these cases
recognize that courts of equity can and do draw upon decisions made
in other similar cases for guidance. Such courts exercise judgment
in light of prior precedent, but with awareness of the fact that
specific circumstances, often hard to predict in advance, could
warrant special treatment in an appropriate case.
We recognize that, in the context of
procedural default, we have previously stated, without
qualification, that a petitioner “must ‘bear the risk of attorney
error.’ ”
Coleman v.
Thompson,
501 U. S. 722, 752–753
(1991). But
Coleman was “a case about federalism,”
id., at 726, in that it asked whether
federal
courts may excuse a petitioner’s failure to comply with a
state
court’s procedural rules, notwithstanding the state court’s
determination that its own rules had been violated. Equitable
tolling, by contrast, asks whether federal courts may excuse a
petitioner’s failure to comply with
federal timing rules,
an inquiry that does not implicate a state court’s interpretation
of state law. Cf.
Lawrence, 549 U. S., at 341 (Ginsburg,
J., dissenting). Holland does not argue that his attorney’s
misconduct provides a substantive ground for relief, cf. §2254(i),
nor is this a case that asks whether AEDPA’s statute of limitations
should be recognized at all, cf.
Day,
supra, at
209. Rather, this case asks how equity should be applied once the
statute is recognized. And given equity’s resistance to rigid
rules, we cannot read
Coleman as requiring a
per
se approach in this context.
In short, no pre-existing rule of law or
precedent demands a rule like the one set forth by the Eleventh
Circuit in this case. That rule is difficult to reconcile with more
general equitable principles in that it fails to recognize that, at
least sometimes, professional misconduct that fails to meet the
Eleventh Circuit’s standard could nonetheless amount to egregious
behavior and create an extraordinary circumstance that warrants
equitable tolling. And, given the long history of judicial
application of equitable tolling, courts can easily find precedents
that can guide their judgments. Several lower courts have
specifically held that unprofessional attorney conduct may, in
certain circumstances, prove “egregious” and can be “extraordinary”
even though the conduct in question may not satisfy the Eleventh
Circuit’s rule. See,
e.g., Nara v.
Frank, 264 F. 3d 310, 320 (CA3 2001) (ordering
hearing as to whether client who was “effectively abandoned” by
lawyer merited tolling);
Calderon, 128 F. 3d, at 1289
(allowing tolling where client was prejudiced by a last minute
change in representation that was beyond his control);
Baldayaque, 338 F. 3d, at 152–153 (finding that where
an attorney failed to perform an essential service, to communicate
with the client, and to do basic legal research, tolling could,
under the circumstances, be warranted);
Spitsyn, 345
F. 3d, at 800–802 (finding that “extraordinary circumstances”
may warrant tolling where lawyer denied client access to files,
failed to prepare a petition, and did not respond to his client’s
communications);
United States v.
Martin, 408
F. 3d 1089, 1096 (CA8 2005) (client entitled to equitable
tolling where his attorney retained files, made misleading
statements, and engaged in similar conduct).
We have previously held that “a garden variety
claim of excusable neglect,”
Irwin, 498 U. S., at 96, such
as a simple “miscalculation” that leads a lawyer to miss a filing
deadline,
Lawrence, supra, at 336, does not
warrant equitable tolling. But the case before us does not involve,
and we are not considering, a “garden variety claim” of attorney
negligence. Rather, the facts of this case present far more serious
instances of attorney misconduct. And, as we have said, although
the circumstances of a case must be “extraordinary” before
equitable tolling can be applied, we hold that such circumstances
are not limited to those that satisfy the test that the Court of
Appeals used in this case.
IV
The record facts that we have set
forth in Part I of this opinion suggest that this case may well be
an “extraordinary” instance in which petitioner’s attorney’s
conduct constituted far more than “garden variety” or “excusable
neglect.” To be sure, Collins failed to file Holland’s petition on
time and appears to have been unaware of the date on which the
limitations period expired—two facts that, alone, might suggest
simple negligence. But, in these circumstances, the record facts we
have elucidated suggest that the failure amounted to more: Here,
Collins failed to file Holland’s federal petition on time despite
Holland’s many letters that repeatedly emphasized the importance of
his doing so. Collins apparently did not do the research necessary
to find out the proper filing date, despite Holland’s letters that
went so far as to identify the applicable legal rules. Collins
failed to inform Holland in a timely manner about the crucial fact
that the Florida Supreme Court had decided his case, again despite
Holland’s many pleas for that information. And Collins failed to
communicate with his client over a period of years, despite various
pleas from Holland that Collins respond to his letters.
A group of teachers of legal
ethics tells us that these various failures violated fundamental
canons of professional responsibility, which require attorneys to
perform reasonably competent legal work, to communicate with their
clients, to implement clients’ reasonable requests, to keep their
clients informed of key developments in their cases, and never to
abandon a client. See Brief for Legal Ethics Professors et al.
as
Amici Curiae (describing ethical rules set forth in
case law, the Restatements of Agency, the Restatement (Third) of
the Law Governing Lawyers (1998), and in the ABA Model Rules of
Professional Conduct (2009)). And in this case, the failures
seriously prejudiced a client who thereby lost what was likely his
single opportunity for federal habeas review of the lawfulness of
his imprisonment and of his death sentence.
We do not state our conclusion in absolute
form, however, because more proceedings may be necessary. The
District Court rested its ruling not on a lack of extraordinary
circumstances, but rather on a lack of diligence—a ruling that
respondent does not defend. See Brief for Respondent 38,
n. 19; Tr. of Oral Arg. 43, 52. We think that the District
Court’s conclusion was incorrect. The diligence required for
equitable tolling purposes is “ ‘reasonable diligence,’ ”
see,
e.g., Lonchar, 517 U. S., at 326, not
“ ‘ “maximum feasible diligence,” ’ ”
Starns v.
Andrews, 524 F. 3d 612, 618 (CA5
2008) (quoting
Moore v.
Knight, 368 F. 3d
936, 940 (CA7 2004)). Here, Holland not only wrote his attorney
numerous letters seeking crucial information and providing
direction; he also repeatedly contacted the state courts, their
clerks, and the Florida State Bar Association in an effort to have
Collins—the central impediment to the pursuit of his legal
remedy—removed from his case. And, the
very day that
Holland discovered that his AEDPA clock had expired due to Collins’
failings, Holland prepared his own habeas petition
pro se
and promptly filed it with the District Court.
Because the District Court erroneously relied
on a lack of diligence, and because the Court of Appeals
erroneously relied on an overly rigid
per se approach, no
lower court has yet considered in detail the facts of this case to
determine whether they indeed constitute extraordinary
circumstances sufficient to warrant equitable relief. We are
“[m]indful that this is a court of final review and not first
view.”
Adarand Constructors, Inc. v.
Mineta,
534 U. S. 103,
110 (2001)
(per curiam) (internal quotation marks
omitted). And we also recognize the prudence, when faced with an
“equitable, often fact-intensive” inquiry, of allowing the lower
courts “to undertake it in the first instance.”
Gonzalez
v.
Crosby,
545 U. S. 524, 540
(2005) (Stevens, J., dissenting). Thus, because we conclude that
the District Court’s determination must be set aside, we leave it
to the Court of Appeals to determine whether the facts in this
record entitle Holland to equitable tolling, or whether further
proceedings, including an evidentiary hearing, might indicate that
respondent should prevail.
The judgment below is reversed, and the case
is remanded for further proceedings consistent with this
opinion.
It is so ordered.
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