reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1349 - Continued Custody Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney should take steps to see that the continued custody hearing is
				conducted in a timely fashion consistent with the prescribed time limits in the
				Children's Code unless there are strategic reasons for not doing so (e.g., when
				the offense charged would warrant an automatic transfer upon a finding of
				probable cause).
B. In preparing
				for the continued custody hearing, the attorney should become familiar with:
1. the elements of each of the offenses
				alleged;
2. the law for
				establishing probable cause;
3.
				factual information that is available concerning probable cause;
4. the subpoena process for obtaining
				compulsory attendance of witnesses at continued custody hearing and the
				necessary steps to be taken in order to obtain a proper recordation of the
				proceedings;
5. the child client's
				custodial situation, including all persons living in the home;
6. alternative living arrangements for the
				client where the current custodial situation is an obstacle to release from
				detention; and
7. potential
				conditions for release from detention and local options to fulfill those
				conditions, including the criteria for setting bail and options for the family
				to meet bail requirements.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1351 - Appearance to Answer

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should take steps to see that the answer hearing is conducted in a timely
				fashion consistent with the prescribed time limits in the Children's Code
				unless there are strategic reasons for not doing so.
B. The attorney should preserve the child
				client's rights at the appearance to answer on the charges by requesting a
				speedy trial, preserving the right to file motions, demanding discovery, and
				entering a plea of denial in most circumstances, unless there is a sound
				tactical reason for not doing so or the child client expresses an informed
				decision after having been thoroughly advised of both the consequences of
				entering an admission and alternative options.
C. Where appropriate, the attorney should
				arrange for the court to address any immediate needs of the child client, such
				as educational/vocational needs, emotional/mental/physical health needs, and
				safety needs.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1353 - Child Client's Right to Speedy Trial

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should be aware of and
				protect the child client's right to a speedy trial under the Children's Code
				and constitutional law, unless strategic considerations warrant otherwise.
				Requests or agreements to continue a contested hearing date should not be made
				without consultation with the child client. The attorney shall diligently work
				to complete the investigation and preparation in order to be fully prepared for
				all court proceedings. In the event an attorney finds it necessary to seek
				additional time to adequately prepare for a proceeding, the attorney should
				consult with the child client and discuss seeking a continuance of the upcoming
				proceeding. Whenever possible, written motions for continuance made in advance
				of the proceeding are preferable to oral requests for continuance. All requests
				for a continuance should be supported by well-articulated reasons on the record
				in the event it becomes an appealable issue.
B. If the child client's adjudication hearing
				is set outside the applicable time limitation, once the time delay lapses the
				attorney shall file a motion to dismiss the petition. If this motion is denied
				by the juvenile court, the attorney shall make an adequate record and seek
				supervisory review.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1355 - Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should pursue discovery, including filing a motion for discovery and conducting
				appropriate interviews. The attorney has a duty to pursue, as soon as
				practicable, discovery procedures provided by the rules of the jurisdiction and
				to pursue such informal discovery methods as may be available to supplement the
				factual investigation of the case.
B. In considering discovery requests, the
				attorney should take into account that such requests may trigger reciprocal
				discovery obligations. The attorney shall be familiar with the rules regarding
				reciprocal discovery. The attorney shall be aware of any potential obligations
				and time limits regarding reciprocal discovery. Where the attorney intends to
				offer an alibi defense, he or she shall provide notice to the district attorney
				as required by law.
C. The attorney
				should consider seeking discovery, at a minimum, of the following items:
1. potential exculpatory
				information;
2. potential
				mitigating information;
3. the
				names and addresses of all prosecution witnesses, their prior statements, and
				criminal/delinquency records, if any;
4. all oral and/or written statements by the
				child client, and the details of the circumstances under which the statements
				were made;
5. the prior delinquency
				record of the child client and any evidence of other misconduct that the
				government may intend to use against the accused;
6. all books, papers, documents, photographs,
				tangible objects, buildings or places, or copies, descriptions, or other
				representations, or portions thereof, relevant to the case;
7. all results or reports of relevant
				physical or mental examinations, and of scientific tests or experiments, or
				copies thereof;
8. statements of
				co-defendants;
9. all investigative
				reports by all law enforcement and other agencies involved in the case;
				and
10. all records of evidence
				collected and retained by law enforcement.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1357 - Theory of the Case

Current through Register Vol. 50, No. 6, June 20, 2024
A. During the
				investigation and adjudication hearing preparation, the attorney should develop
				and continually reassess a theory of the case, and this theory should inform
				all motions practice and trial strategy in order to yield the best
				result.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1360 - Interlocutory Writs of Review

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any
				interlocutory decision by the juvenile court is subject to the supervisory
				review of the Louisiana Courts of Appeal pursuant to an application for a writ
				of review. Writ applications from juvenile proceedings receive priority
				treatment and should be filed no later than 15 days from the date of the ruling
				at issue. Counsel should be familiar with the procedures for seeking
				supervisory writs, including the procedure for seeking an emergency writ of
				review.
B. If counsel files and
				argues an unsuccessful motion, counsel should strongly consider seeking
				supervisory review to the Louisiana Courts of Appeal. In situations where the
				court makes a spontaneous improper ruling, counsel should make an immediate
				oral motion in opposition, state any reasons for the opposition on the record,
				and notice an intention to seek supervisory writs on the matter.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1361 - Plea Negotiations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney should explore with the child client the possibility and desirability
				of reaching a negotiated disposition of the charges rather than proceeding to
				an adjudication, and in doing so, should fully explain the rights that would be
				waived by a decision to enter a plea and not to proceed to adjudication. After
				the attorney is fully informed on the facts and the law, he or she should, with
				complete candor, advise the child client concerning all aspects of the case,
				including counsel's frank estimate of the probable outcome. Counsel should not
				understate or overstate the risks, hazards or prospects of the case in order
				unduly or improperly to influence the child client's determination of his or
				her posture in the matter.
B. The
				attorney shall not accept any plea agreement without the child client's express
				authorization.
C. The existence of
				ongoing tentative plea negotiations with the prosecution should not prevent the
				attorney from taking steps necessary to preserve a defense nor should the
				existence of ongoing plea negotiations prevent or delay the attorney's
				investigation into the facts of the case and preparation of the case for
				further proceedings, including adjudication.
D. The attorney should participate in plea
				negotiations to seek the best result possible for the child client consistent
				with the child client's interests and directions to the attorney. The attorney
				should consider narrowing contested issues or reaching global resolution of
				multiple pending cases. Prior to entering into any negotiations, the attorney
				shall have sufficient knowledge of the strengths and weaknesses of the child
				client's case, or of the issue under negotiation, enabling the attorney to
				advise the child client of the risks and benefits of settlement.
E. In conducting plea negotiations, the
				attorney should be familiar with:
1. the
				various types of pleas that may be agreed to, including an admission, a plea of
				nolo contendere, and a plea in which the child client is not required to
				personally acknowledge his or her guilt (Alford plea);
2. the advantages and disadvantages of each
				available plea according to the circumstances of the case including collateral
				consequences of a plea;
3. whether
				the plea agreement is binding on the court and the Office of Juvenile
				Justice.
4. whether the plea is
				expungable; and
5. whether the plea
				will subject the child client to requirements to register as a sex
				offender.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1363 - Court Appearances

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney shall attend all hearings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1365 - Preparing the Child Client for Hearings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should explain to the child
				client, in a developmentally appropriate manner, what is expected to happen
				before, during and after each hearing.
B. The attorney should advise the client as
				to suitable courtroom dress and demeanor. If the client is detained, the
				attorney should consider requesting the client's appearance unshackled and
				unchained. The attorney should also be alert to the possible prejudicial
				effects of the client appearing before the court in jail or other inappropriate
				clothing.
C. The attorney should
				plan with the client the most convenient system for conferring throughout the
				delinquency proceedings.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1367 - Adjudication Preparation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where
				appropriate, the attorney should have the following materials available at the
				time of trial:
1. copies of all relevant
				documents filed in the case;
2.
				relevant documents prepared by investigators;
3. outline or draft of opening
				statement;
4. cross-examination
				plans for all possible prosecution witnesses;
5. direct examination plans for all
				prospective defense witnesses;
6.
				copies of defense subpoenas;
7.
				prior statements of all prosecution witnesses (e.g., transcripts, police
				reports) and prepared transcripts of any audio or video taped witness
				statements;
8. prior statements of
				all defense witnesses;
9. reports
				from all experts;
10. a list of all
				defense exhibits, and the witnesses through whom they will be
				introduced;
11. originals and
				copies of all documentary exhibits;
12. copies of all relevant statutes and
				cases; and
13. outline or draft of
				closing argument.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1369 - Objections

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should make appropriate motions, including motions in limine and evidentiary
				and other objections, to advance the child client's position at adjudication or
				during other hearings. The attorney should be aware of the burdens of proof,
				evidentiary principles and court procedures applying to the motion hearing. If
				necessary, the attorney should file briefs in support of evidentiary issues.
				Further, during all hearings, the attorney should preserve legal issues for
				appeal, as appropriate.
B. Control
				of proceedings is principally the responsibility of the court, and the lawyer
				should comply promptly with all rules, orders, and decisions of the judge.
				Counsel has the right to make respectful requests for reconsideration of
				adverse rulings and has the duty to set forth on the record adverse rulings or
				judicial conduct that the attorney considers prejudicial to the child client's
				legitimate interests.
C. The
				attorney should be prepared to object to the introduction of any evidence
				damaging to the child client's interests if counsel has any legitimate doubt
				concerning its admissibility under constitutional or local rules of
				evidence.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1371 - Sequestration of Witnesses

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to
				delivering an opening statement, the attorney should ask for the rule of
				sequestration of witnesses to be invoked, unless a strategic reason exists for
				not doing so.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1373 - Opening Statements

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should prepare and request to make an opening statement to provide an overview
				of the case unless a strategic reason exists for not doing so. The attorney
				should be familiar with the law and the individual trial judge's rules
				regarding the permissible content of an opening statement. The attorney should
				consider the strategic advantages and disadvantages of disclosure of particular
				information during the opening statement and of deferring the opening statement
				until the beginning of the defense case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1375 - Confronting the Prosecutor's Case

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should attempt to anticipate
				weaknesses in the prosecution's proof and consider researching and preparing
				corresponding motions for judgment of dismissal. The attorney should
				systematically analyze all potential prosecution evidence, including physical
				evidence, for evidentiary problems.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1377 - Stipulations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should consider the advantages and disadvantages of entering into stipulations
				concerning the prosecution's case. The attorney should not enter into any
				stipulations detrimental to the client's expressed goals of the
				representation.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1379 - Cross-Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should
				use cross-examination strategically to further the theory of the case. In
				preparing for cross-examination, the attorney should be familiar with the
				applicable law and procedures concerning cross-examinations and impeachment of
				witnesses. In order to develop material for impeachment or to discover
				documents subject to disclosure, the attorney should be prepared to question
				witnesses as to the existence of prior statements that they may have made or
				adopted.
B. In preparing for
				cross-examination, the attorney should:
1.
				obtain the prior records of all state and defense witnesses;
2. be prepared to examine any
				witness;
3. consider the need to
				integrate cross-examination, the theory of the defense, and closing
				argument;
4. consider whether
				cross-examination of each individual witness is likely to generate helpful
				information;
5. anticipate those
				witnesses the prosecutor might call in its case-in-chief or in
				rebuttal;
6. consider a
				cross-examination plan for each of the anticipated witnesses;
7. be alert to inconsistencies in witnesses'
				testimony;
8. be alert to possible
				variations in witnesses' testimony;
9. review all prior statements of the
				witnesses and any prior relevant testimony of the prospective
				witnesses;
10. where appropriate,
				review relevant statutes and local police policy and procedure manuals,
				disciplinary records and department regulations for possible use in
				cross-examining police witnesses;
11. have prepared, for introduction into
				evidence, all documents that counsel intends to use during the
				cross-examination, including certified copies of records such as prior
				convictions of the witnesses or prior sworn testimony of the witnesses;
				and
12. be alert to issues relating
				to witness credibility, including bias and motive for testifying.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1381 - Conclusion of Prosecution's Evidence

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where appropriate, at the close of the
				prosecution's case, the attorney should move for a dismissal of petition on
				each count charged. The attorney should request, when necessary, that the court
				immediately rule on the motion, in order that the attorney may make an informed
				decision about whether to present a defense case.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1383 - Defense Strategy

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should develop, in consultation with the child client, an overall defense
				strategy. In deciding on a defense strategy, the attorney should consider
				whether the child client's legal interests are best served by not putting on a
				defense case, and instead relying on the prosecution's failure to meet its
				constitutional burden of proving each element beyond a reasonable doubt. In
				developing and presenting the defense case, the attorney should consider the
				implications it may have for a rebuttal by the prosecutor.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1385 - Affirmative Defenses

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should be aware of the elements and burdens of proof of any affirmative
				defense.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1387 - Direct Examination

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				preparing for presentation of a defense case, the attorney should, where
				appropriate:
1. develop a plan for direct
				examination of each potential defense witness;
2. determine the implications that the order
				of witnesses may have on the defense case;
3. determine what facts necessary for the
				defense case can be elicited through the cross-examination of the prosecution's
				witnesses;
4. consider the possible
				use of character witnesses, to the extent that use of character witnesses does
				not allow the prosecution to introduce potentially harmful evidence against the
				child client;
5. consider the need
				for expert witnesses and what evidence must be submitted to lay the foundation
				for the expert's testimony;
6.
				review all documentary evidence that must be presented;
7. review all tangible evidence that must be
				presented; and
8. after the state's
				presentation of evidence and a discussion with the child client, make the
				decision whether to call any witnesses.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1389 - Child Client's Right to Testify

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney shall respect the child client's right to decide whether to
				testify.
B. The attorney shall
				discuss with the child client all of the considerations relevant to the child
				client's decision to testify. This advice should include consideration of the
				child client's need or desire to testify, any repercussions of testifying, the
				necessity of the child client's direct testimony, the availability of other
				evidence or hearsay exceptions that may substitute for direct testimony by the
				child client, and the child client's developmental ability to provide direct
				testimony and withstand possible cross-examination.
C. The attorney should be familiar with his
				or her ethical responsibilities that may be applicable if the child client
				insists on testifying untruthfully. If the child client indicates an intent to
				commit perjury, the attorney shall advise the child client against taking the
				stand to testify falsely and, if necessary, take appropriate steps to avoid
				lending aid to perjury. If the child client persists in a course of action
				involving the attorney's services that the attorney reasonably believes is
				criminal or fraudulent, the attorney should seek the leave of the court to
				withdraw from the case. If withdrawal from the case is not feasible or is not
				permitted by the court, or if the situation arises during adjudication without
				notice, the attorney shall not lend aid to perjury or use the perjured
				testimony. The attorney should maintain a record of the advice provided to the
				child client and the child client's decision concerning whether to
				testify.
D. The attorney should
				protect the child client's privilege against self-incrimination in juvenile
				court proceedings. When the child client has elected not to testify, the lawyer
				should be alert to invoke the privilege and should insist on its recognition
				unless the client competently decides that invocation should not be
				continued.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1391 - Preparing the Child Client to Testify

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the child client decides to testify,
				the attorney should prepare the child client to testify. This should include
				familiarizing the child client with the courtroom, court procedures, and what
				to expect during direct and cross-examination. If possible, prior to the
				adjudication hearing the attorney should conduct a mock direct and
				cross-examination on the child client with a separate attorney acting as
				prosecutor. Often the decision whether to testify may change at trial. Thus,
				the attorney should prepare the case for either contingency.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1393 - Questioning the Child Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney should seek to ensure that questions to the child client are phrased
				in a developmentally appropriate manner. The attorney should object to any
				inappropriate questions by the court or an opposing attorney.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1395 - Closing Arguments

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				shall prepare a closing argument and shall deliver it at the conclusion of the
				hearing unless there is a strategic reason not to do so. The attorney should be
				familiar with the court rules, applicable statutes and law, and the individual
				judge's practice concerning time limits and objections during closing argument,
				and provisions for rebuttal argument by the prosecution.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1397 - Motion for a New Trial

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should be familiar with the procedures available to request a new trial
				including the time period for filing such a motion, the effect it has upon the
				time to file a notice of appeal, and the grounds that can be raised.
B. When a judgment of delinquency has been
				entered against the client after trial, the attorney should consider whether it
				is appropriate to file a motion for a new trial with the trial court. In
				deciding whether to file such a motion, the factors the attorney should
				consider include:
1. the likelihood of
				success of the motion, given the nature of the error(s) that can be raised;
				and
2. the effect that such a
				motion might have upon the client's appellate rights, including whether the
				filing of such a motion is necessary to, or will assist in, preserving the
				child client's right to raise on appeal the issues that might be raised in the
				new trial motion.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1399 - Expungement

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should inform the child client of any procedures available for requesting that
				the record of conviction be expunged or sealed. The attorney should explain
				that some contents of juvenile court records may be made public (e.g., when a
				violent crime has been committed) and that there are limitations on the
				expungement of records.
B. The
				attorney should provide assistance with the expungement procedure if requested,
				when the client appears eligible for expungement, including active
				representation of the child client in any hearing related to the expungement
				request.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1501 - Post-Adjudication Placement Pending Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Following the entry of an adjudication,
				the attorney should be prepared to argue for the least restrictive environment
				for the child client pending disposition.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1503 - Defense's Active Participation in Designing the Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The active
				participation of the child client's attorney at disposition is essential. In
				many cases, the attorney's most valuable service to the child client will be
				rendered at this stage of the proceeding. Counsel should have the disposition
				hearing held on a subsequent date after the adjudication, unless there is a
				strategic reason for waiving the delay between adjudication and
				disposition.
B. Prior to
				disposition there may be non-court meetings and staffings that can affect the
				juvenile's placement or liberty interest. The attorney should attend or
				participate in these, where possible.
C. The attorney should not make or agree to a
				specific dispositional recommendation without the child client's
				consent.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1505 - Obligations of Counsel Regarding Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. The child client's attorney should prepare
				for a disposition hearing as the attorney would for any other evidentiary
				hearing, including the consideration of calling appropriate witnesses and the
				preparation of evidence in mitigation of or support of the recommended
				disposition. Among the attorney's obligations regarding the disposition hearing
				are:
1. to ensure all information presented to
				the court which may harm the child client and which is not accurate and
				truthful or is otherwise improper is stricken from the text of the
				predisposition investigation report;
2. to develop a plan which seeks to achieve
				the least restrictive and burdensome sentencing alternative that is most
				acceptable to the child client, and which can reasonably be obtained based on
				the facts and circumstances of the offense, the child client's background, the
				applicable sentencing provisions, and other information pertinent to the
				disposition;
3. to ensure all
				reasonably available mitigating and favorable information, which is likely to
				benefit the child client, is presented to the court;
4. to consider preparing a letter or
				memorandum to the judge or juvenile probation officer that highlights the child
				client's strengths and the appropriateness of the disposition plan proposed by
				the defense; and
5. where a
				defendant chooses not to proceed to disposition, to ensure that a plea
				agreement is negotiated with consideration of the disposition hearing,
				correctional, financial and collateral implications.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1507 - Preparing the Child Client for the Disposition Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. In preparing for the disposition hearing,
				counsel should consider the need to:
1.
				explain to the child client the nature of the disposition hearing, the issues
				involved, the applicable sentencing requirements, disposition options and
				alternatives available to the court, and the likely and possible consequences
				of the disposition alternatives;
2.
				explain fully and candidly to the child client the nature, obligations, and
				consequences of any proposed dispositional plan, including the meaning of
				conditions of probation or conditional release, the characteristics of any
				institution to which commitment is possible, and the probable duration of the
				child client's responsibilities under the proposed dispositional
				plan;
3. obtain from the child
				client relevant information concerning such subjects as his or her background
				and personal history, prior criminal or delinquency record, employment history
				and skills, education, and medical history and condition, and obtain from the
				child client sources through which the information provided can be
				corroborated;
4. prepare the child
				client to be interviewed by the official preparing the predisposition report,
				including informing the child client of the effects that admissions and other
				statements may have upon an appeal, retrial or other judicial proceedings, such
				as forfeiture or restitution proceedings;
5. inform the client of his or her right to
				speak at the disposition hearing and assist the client in preparing the
				statement, if any, to be made to the court, considering the possible
				consequences that any admission to committing delinquent acts may have upon an
				appeal, subsequent retrial or trial on other offenses;
6. when psychological or psychiatric
				evaluations are ordered by the court or arranged by the attorney prior to
				disposition, the attorney should explain the nature of the procedure to the
				child client and the potential lack of confidentiality of disclosures to the
				evaluator;
7. ensure the child
				client has adequate time to examine the predisposition report, if one is
				utilized by the court; and
8.
				maintain regular contact with the child client prior to the disposition hearing
				and inform the client of the steps being taken in preparation for
				disposition.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1509 - Predisposition Report

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where the
				court uses a predisposition report, counsel should be familiar with the
				procedures concerning the preparation, submission, and verification of the
				predisposition report. Counsel should be prepared to use the predisposition
				report in defense of the child client.
B. Counsel should be familiar with the
				practices of the officials who prepare the predisposition report and the
				defendant's rights in that process, including access to the predisposition
				report by the attorney and the child client, and ability to waive such a
				report, if it is in the child client's interest to do so.
C. Counsel should provide to the official
				preparing the report relevant information favorable to the client, including,
				where appropriate, the child client's version of the alleged act. Counsel
				should also take appropriate steps to ensure that erroneous or misleading
				information which may harm the child client is deleted from the report and to
				preserve and protect the child client's interests, including requesting that a
				new report be prepared with the challenged or unproven information deleted
				before the report or memorandum is distributed to the Office of Juvenile
				Justice or treatment officials.
D.
				In preparation for a disposition hearing, the attorney should ensure receipt of
				the disposition report no later than 72 hours prior to the disposition hearing.
				Upon receipt of this report, the attorney should review the report with the
				client, ensure its accuracy and prepare a response to the report. Counsel
				should prepare a written dispositional plan that counsel and the client agree
				will best achieve the client's dispositional goals. Counsel should consider
				consulting with social service experts or other appropriate experts to develop
				the dispositional plan.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1511 - Prosecution's Disposition Position

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The attorney should attempt to determine, unless there is a sound tactical
				reason for not doing so, whether the prosecution will advocate that a
				particular type or length of disposition be imposed and attempt to persuade the
				district attorney to support the child client's requested
				disposition.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1513 - Disposition Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should take steps to see that the disposition hearing is conducted in a timely
				fashion consistent with the prescribed time limits in the Children's Code for
				conducting the disposition hearing unless there are strategic reasons for not
				doing so, and should request appropriate relief for failure to follow the
				prescribed time limits.
B. The
				attorney should be prepared at the disposition hearing to take the steps
				necessary to advocate fully for the requested disposition and to protect the
				child client's interest.
C. Where
				the dispositional hearing is not separate from adjudication or where the court
				does not have before it all evidence required by statute, rules of court or the
				circumstances of the case, the lawyer should seek a continuance until such
				evidence can be presented if to do so would serve the child client's
				interests.
D. The lawyer at
				disposition should examine fully and, where possible, impeach any witness whose
				evidence is damaging to the child client's interests and to challenge the
				accuracy, credibility, and weight of any reports, written statements, or other
				evidence before the court. The lawyer should not knowingly limit or forego
				examination or contradiction by proof of any witness, including a social worker
				or probation department officer, when failure to examine fully will prejudice
				the child client's interests. Counsel should seek to compel the presence of
				witnesses whose statements of fact or opinion are before the court or the
				production of other evidence on which conclusions of fact presented at
				disposition are based.
E. Where
				information favorable to the child client will be disputed or challenged, the
				attorney should be prepared to present supporting evidence, including testimony
				of witnesses, to establish the facts favorable to the child client.
F. Where the court has the authority to do
				so, counsel should request specific recommendations from the court concerning
				the place of detention, probation or suspension of part or all of the sentence,
				psychiatric treatment or drug rehabilitation.
G. During the hearing if the court is
				indicating a commitment is likely, the attorney should attempt to ensure that
				the child client is placed in the most appropriate, least restrictive placement
				available.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1515 - Post-disposition Counseling

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a
				disposition order has been entered, it is the attorney's duty to explain the
				nature, obligations and consequences of the disposition to the child client and
				to urge upon the child client the need for accepting and cooperating with the
				dispositional order. The child client should also understand the consequences
				of a violation of the order.
B.
				Where the court places the child client in the custody of the Office of
				Juvenile Justice, with the child client's permission and a parent's written
				release, the attorney should do the following:
1. assert the child client's rights to
				subsequent review hearings as provided by law;
2. provide the Office of Juvenile Justice
				with a copy of the child client's education records; and
3. advise the child client on his rights to
				continued representation post-disposition.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1517 - Reviewing or Drafting Court Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel's attorney should review all
				written orders or when necessary draft orders to ensure that the child client's
				interests are protected, to ensure the orders are clear and specific, and to
				ensure the order accurately reflects the court's oral pronouncement and
				complies with the applicable law.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 15 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency Proceedings-Post-Adjudication › Section XV-1519 - Monitoring the Child Client's Post-disposition Detention

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should monitor the child
				client's post-disposition detention status and ensure that the child client is
				placed in a commitment program in a timely manner as provided by law, that the
				child client is receiving appropriate or required rehabilitative services, that
				the child client is receiving appropriate educational services, and that the
				child client is physically, mentally, and emotionally safe in the child
				client's facility.
B. When a child
				client is committed to a program, the attorney shall provide the child client
				information on how to contact the attorney to discuss concerns.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148