reglab/statecodes huggingface dataset:
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-1523 - Child Client's Right to Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Following a delinquency adjudication, the attorney should inform the child
				client of his or her right to appeal the judgment of the court and the action
				that must be taken to perfect an appeal. This discussion should include the
				details of the appellate process including the time frames of decisions, the
				child client's obligations pending appeal, and the possibility of success on
				appeal.
B. Counsel representing the
				child client following a delinquency adjudication should promptly undertake any
				factual or legal investigation in order to determine whether grounds exist for
				relief from juvenile court or administrative action. If there is reasonable
				prospect of a favorable result, the lawyer should advise the child client of
				the nature, consequences, probable outcome, and advantages or disadvantages
				associated with such proceedings.
C. After disposition, the attorney should
				consider filing a motion to reconsider the disposition. The attorney should
				consider an appeal of the disposition where appropriate.
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-1525 - Counsel's Participation in Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. A lawyer who has represented a client
				through adjudication shall be prepared to continue representation in appellate
				actions, whether affirmative or defensive, unless new counsel is appointed at
				the request of the client or, in the case of a felony-grade delinquency matter,
				the trial attorney appropriately utilizes the services of the Louisiana
				Appellate Project, to the extent those appellate services are
				available.
B. Whether or not trial
				counsel expects to conduct the appeal, he or she shall promptly inform the
				child client of the right to appeal and take all steps necessary to protect
				that right until appellate counsel is substituted or the child client decides
				not to exercise this privilege.
C.
				If after such consultation and if the child client wishes to appeal the order,
				the lawyer should take all steps necessary to perfect the appeal and seek
				appropriate temporary orders or extraordinary writs necessary to protect the
				interests of the client during the pendency of the appeal.
D. In circumstances where the child client
				wants to file an appeal, the attorney should file the notice in accordance with
				the rules of the court and take such other steps as are necessary to preserve
				the defendant's right to appeal, such as ordering transcripts of the trial
				proceedings.
E. Where the child
				client indicates a desire to appeal the judgment and/or disposition of the
				court, counsel should consider requesting a stay of execution of any
				disposition, particularly one involving out-of-home placement or secure care.
				If the stay is denied, the attorney should consider appealing the stay. The
				attorney should also inform the child client of any right that may exist to be
				released on bail pending the disposition of the appeal. Where an appeal is
				taken and the child client requests bail pending appeal, trial counsel should
				cooperate with appellate counsel in providing information to pursue the request
				for bail.
F. Where the child client
				takes an appeal, trial counsel should cooperate in providing information to
				appellate counsel (where new counsel is handling the appeal) concerning the
				proceedings in the trial court.
G.
				Where there exists an adequate pool of competent counsel available for
				assignment to appeals from juvenile court orders and substitution will not work
				substantial disadvantage to the child client's interests, new counsel may be
				appointed in place of trial counsel.
H. When the appellate decision is received,
				the attorney or substitute appellate counsel should explain the outcome of the
				case to the client.
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-1527 - Probation Revocation Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Trial counsel should be prepared to
				continue representation if revocation of the child client's probation or parole
				is sought, unless new counsel is appointed.
B. The attorney appointed to represent the
				child client charged with a violation of probation should prepare in the same
				way and with as much care as for an adjudication. The attorney should:
1. conduct an in-person interview with the
				child client;
2. review the
				probation department file;
3.
				identify, locate and interview exculpatory or mitigating witnesses;
4. consider reviewing the child client's
				participation in mandated programs; and
5. consider obtaining expert assistance to
				test the validity of relevant scientific evidence (e.g., urinalysis
				results).
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-1529 - Challenges to the Effectiveness of Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a lawyer appointed or retained to
				represent a child client previously represented by other counsel has a good
				faith belief that prior counsel did not provide effective assistance, the child
				client should be so advised and any appropriate relief for the child client on
				that ground should be pursued.
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 17 - Service Restriction Protocol › Section XV-1701 - Purpose, Findings and Intentions

Current through Register Vol. 50, No. 6, June 20, 2024
A. On May 25, 2011, the legislative auditor
				issued a report entitled, "Louisiana District Public Defenders Compliance with
				Report Requirements." The report, prepared in accordance with
				R.S.
				24:515.1.F, focused largely upon the fact
				that 28 of Louisiana's 42 district public defenders had expenditures that
				exceeded revenues during the 18-month period beginning January 1, 2009 and
				ending June 30, 2010.
The report explains, at p. 6, that:
[D]uring 2008 and 2009, the Louisiana Public Defender Board
				  ("Board") received less money than it had requested during the
				  budgeting/appropriations process. To preserve the state's public defender
				  system, the Board reduced, and in some cases, eliminated state funding to local
				  public defender districts that had positive fund balances. This allowed state
				  funding to be directed to those districts with the greatest financial need.
				  Twelve districts were required to use their fund balances to finance operations
				  in 2008 and 28 districts were required to do so in 2009. It was a limited
				  solution that allowed the continuation of the public defense system during lean
				  economic times. At the same time, this seriously depleted most of the local
				  districts' fund balances.
1. As a
				result of this spending pattern, the legislative auditor recommended that the
				board monitor the fiscal operations and financial position of all district
				defenders and, further, provide guidance to district defenders to ensure that
				districts do not spend more money than they collect. In order to comply with
				the legislative auditor's recommendation to provide guidance to public
				defenders to ensure that districts do not spend more funds than they receive,
				the board adopts this service restriction protocol.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 17 - Service Restriction Protocol › Section XV-1705 - Applicability of Sections

Current through Register Vol. 50, No. 6, June 20, 2024
A.Sections 1707 shall apply when a district is
				facing a fiscal crisis or excessive workload, or both.
				Section
				1719 applies when one or more
				individual public defender service providers are facing excessive workloads,
				but the district itself is not.
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 17 - Service Restriction Protocol › Section XV-1707 - Notice of Impending Fiscal Crisis, Excessive Caseload, or Both

Current through Register Vol. 50, No. 6, June 20, 2024
A. When a district
				defender or board staff projects that a district will experience a fiscal
				crisis or an excessive workload, or both, during the next 12 months, the
				district defender or board staff, as the case may be, shall give notice to the
				other within 7 days of making such projection.
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 17 - Service Restriction Protocol › Section XV-1709 - Discussion of Alternatives; Proposed Service Restriction Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the fiscal
				crisis or excessive workload, or both, is/are expected to occur six or more
				months from giving or receiving of the notice specified in §1707, the
				following steps shall be taken.
1. Within 45
				days after giving or receiving the notice, the district defender shall discuss
				with board staff any viable alternatives to restricting public defense services
				within the district.
2. If the
				district defender and board staff are unable to agree upon any viable
				alternatives to restricting public defense services with the district, the
				district defender shall, within 60 days after either giving or receiving the
				notice, develop a proposed written plan for restricting services in the
				district, including staff and overhead reductions where necessary, and submit
				the proposed plan to board staff.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 17 - Service Restriction Protocol › Section XV-1711 - Comprehensive and Expedited Site Visits

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the fiscal crisis or excessive
				workload, or both, is/are expected to occur six or more months from the giving
				or receiving of the notice specified in
				§1707 and the
				district defender and board staff are unable to agree upon any viable
				alternatives to restricting public defense services with the district, the
				following steps shall be taken.
1. Within 90
				days of receiving the district defender's proposed service restriction plan,
				board staff shall conduct a comprehensive site visit. the purpose of the
				comprehensive site visit is to confirm that a restriction of services is
				necessary and to ensure that the restriction of services is handled in a manner
				that minimizes the adverse effects on the local criminal justice system, while
				avoiding assuming caseload and/or workload levels that threaten quality
				representation of clients or run counter to the Rules of Professional Conduct.
				In conducting comprehensive site visits, board staff should perform any and all
				such actions that board staff deems necessary, including, but not limited to,
				requesting and reviewing documents, examining computers and computerized
				information, interviewing district employees and independent contractors, and
				contacting other stakeholders in the local criminal justice system. If the
				board staff determines that services should be restricted in the district
				following completion of the comprehensive site visit, the district defender and
				board staff should consult with the chief judge and district attorney before
				finalizing the service restriction plan.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 17 - Service Restriction Protocol › Section XV-1713 - Factors to be Considered in Development of a Service Restriction Plan

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recognition of
				Diversity of Districts
1. Individual
				districts have different public defender service delivery methods, funding
				levels, caseloads, workloads and staff. As a result, service restriction plans
				should be tailored to each district. In some districts, restricting misdemeanor
				representation may be the appropriate step, while in others; districts may no
				longer be able to handle capital cases. However, to the extent possible, all
				service restriction plans should reflect that the district will continue
				representation of existing clients.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 17 - Service Restriction Protocol › Section XV-1715 - Declination of New Appointments; Other Relief

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the district defender and board staff
				agree that the fiscal crisis or excessive workload, or both, is imminent, the
				district defender and public defense service providers shall begin declining
				new appointments at an agreed upon time prior to breaching the Rules of
				Professional Conduct.
B. If the
				court appoints the district defender or one of the district's public defense
				service providers following declination of appointments as set forth in
				§1715 A, the district defender and the district's public defense service
				providers shall seek continuances in those cases where the defendant is not
				incarcerated. The district defender and the district's public defense service
				providers shall continue to provide legal services for incarcerated clients
				provided they may do so without breaching the Rules of Professional Conduct and
				after considering the severity of the offense and the length of time the
				defendant has been in custody. If the district defender determines that
				litigation pursuant to State v. Peart, 621 So.2d 780 (La. 1993); State v.
				Citizen, 04-KA-1841 (La. 4/1/05), 898 So.2d 325 or other related litigation is
				necessary at this time, the district defender is authorized to take such action
				after giving notice to the board and board staff.
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 17 - Service Restriction Protocol › Section XV-1717 - Finalization of Plan; Dissemination

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the fiscal crisis or excessive
				workload, or both, remains imminent at conclusion of the board staff's site
				visit, the district defender shall, within 30 days of conclusion of the site
				visit, submit his or her proposed written final service restriction plan to
				board staff.
B. Board staff shall
				have seven days after receipt of the proposed final service restriction plan to
				review and approve the plan as submitted or approve the plan as modified by
				board staff. The plan becomes final upon the district defender's receipt of the
				board staff's approval. If board staff takes no action on the proposed final
				services restriction plan, the plan is deemed to be approved as submitted on
				the first business day following the expiration of the seventh day.
C. After the plan has been approved by board
				staff, the district defender shall give notice of the plan, together with a
				copy of the plan, to the court in accordance with §1703. A.9.b and to the
				state public defender in accordance with §1703. A.9 a
D. Copies of the notice and the final service
				restriction plan also shall be sent by the district defender to the chief
				justice of the Louisiana Supreme Court, the president of the Louisiana State
				Bar Association, the chief and/or administrative judge of each court in the
				district in which public defender service providers deliver legal services to
				indigent persons in criminal proceedings, and the sheriff and parish president
				or equivalent head of parish government for each parish in the district in
				accordance with §1703. A.9 c
E. The district defender may seek assistance
				from the court, where appropriate, in recruiting members of the local private
				bar to assist in the provision of indigent representation.
F. Notices under this
				§1717 shall
				include the effective date of the service restriction and should be provided as
				soon as practicable.
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 17 - Service Restriction Protocol › Section XV-1719 - Excessive Workloads of Individual Public Defender Service Providers

Current through Register Vol. 50, No. 6, June 20, 2024
A. A public
				defender service provider's workload, including appointed and other work,
				should never be so large as to interfere with the rendering of quality
				representation or result in the breach of ethical obligations, and public
				defense service providers are obligated to decline appointments above such
				levels.
B. If the district defender
				becomes aware that one or more of the district's public defender service
				providers' workloads are, or will become, excessive, the district defender
				shall take appropriate action. Appropriate action includes, but is not limited
				to, transferring non-representational responsibilities within the district,
				including managerial or supervisory responsibilities to others; transferring
				cases from one public defender service providers to another; or authorizing the
				public defender service providers to refuse new cases.
C. If a public defense service provider
				believes that he or she has an excessive workload, the public defense service
				provider shall consult with his or her supervisor and seek a solution by
				transferring cases to a public defense service provider whose workload is not
				excessive or by transferring non-representational responsibilities. Should the
				supervisor disagree with the public defense service provider's position or
				refuse to acknowledge the problem, the public defense service provider should
				continue to advance up the chain of command within the district until either
				relief is obtained or the public defense service provider has reached and
				requested assistance or relief from the district defender. If after appealing
				to his or her supervisor and district defender without relief, the public
				defense service provider should appeal to the regional director, if applicable,
				and the state public defender for assistance.
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 19 - Performance Standards for Criminal Defense Representation in Indigent Capital Cases › Section XV-1909 - Performance Standard 4: Agreed Dispositions

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duty of Counsel to Seek an Agreed
				Disposition
1. Counsel at every stage of the
				case have an obligation to take all steps that may be appropriate in the
				exercise of professional judgment in accordance with these Standards to achieve
				an agreed-upon disposition.
2.
				After interviewing the client and developing a thorough knowledge of the law
				and facts of the case, counsel at every stage of the case should explore with
				the client the possibility and desirability of reaching an agreed-upon
				disposition of the charges rather than proceeding to a trial or continuing with
				proceedings seeking judicial or executive review. In doing so counsel should
				fully explain the rights that would be waived by a decision to enter a plea or
				waive further review, the possible collateral consequences, and the legal
				factual and contextual considerations that bear upon that decision. Counsel
				should advise the client with complete candor concerning all aspects of the
				case, including a candid opinion as to the probable outcome. Counsel should
				make it clear to the client that the ultimate decision to enter a plea of
				guilty or waive further review has to be made by the client.
3. Counsel should keep the client fully
				informed of any discussions or negotiations for an agreed disposition and
				promptly convey to the client any offers made by the prosecution for an agreed
				disposition. Counsel shall not accept or reject any agreed-upon disposition
				without the client's express authorization.
4. Initial refusals by the prosecutor to
				negotiate should not prevent counsel from making further efforts to negotiate.
				Despite a clients initial opposition, counsel should engage in an ongoing
				effort to persuade the client to pursue an agreed disposition that is in the
				clients best interest. Consideration of an agreed disposition should focus on
				the clients interests, the clients needs and the clients perspective.
5. The existence of ongoing negotiations with
				the prosecution does not in any way diminish the obligations of defense counsel
				respecting investigation and litigation. Ongoing negotiations should not
				prevent counsel from taking steps necessary to preserve a defense nor should
				the existence of ongoing negotiations prevent or delay counsel's investigation
				into the facts of the case and preparation of the case for further proceedings,
				including trial.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 19 - Performance Standards for Criminal Defense Representation in Indigent Capital Cases › Section XV-1911 - Performance Standard 5: Pre-Trial Litigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. Obligations regarding Court Hearings
1. Counsel should prepare for and attend all
				court proceedings involving the client and/or the clients case. Counsel should
				be present, alert and focused on clients best interests during all stages of
				the court proceedings.
2. As soon
				as possible after entry of counsel into the case, counsel should provide
				general advice to the client on how court proceedings will be conducted, how
				the client should conduct himself in court settings, how the client should
				communicate with counsel and others in the court setting and how the client
				should react to events in court. Counsel should advise the client on
				appropriate demeanor and presentation in court and take reasonable steps to
				assist the client in maintaining an appropriate demeanor and
				presentation.
3. Prior to any court
				hearing, counsel should meet with and explain to the client the purpose and
				procedure to be followed at the hearing. Where the client may be directly
				addressed by the court or asked to speak on the record, counsel should warn the
				client in advance and advise the client on how to proceed. Counsel should
				advise the client that he has the right to confer with counsel before answering
				any question, even if it means interrupting the proceedings.
4. Counsel should take all necessary steps to
				overcome any barriers to communication or understanding by the client during
				court proceedings, including the use of interpreters, slowing the rate of
				proceedings, taking adequate breaks, using appropriate language and explaining
				proceedings to the client during the hearing.
5. Counsel should document in the clients
				file a summary of all pertinent information arising from each court hearing and
				take particular care to memorialize communications and events that will not
				appear in the court record or transcript.
6. Counsel should ensure that the court
				minutes and any transcript accurately reflect the orders, statements and events
				occurring in court and that all exhibits have been marked, identified and
				placed into the record.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 19 - Performance Standards for Criminal Defense Representation in Indigent Capital Cases › Section XV-1913 - Performance Standard 6: Special Circumstances

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duties of Counsel at Re-trial
1. The standards for trial level
				representation apply fully to counsel assigned to represent a client at a
				re-trial of the guilt or penalty phase. Counsel should be careful to clarify on
				the record the status of prior rulings made and orders issued in the
				proceedings. Where appropriate, counsel should seek to renew and re-litigate
				pre-trial claims, and to raise any new claims which have developed or been
				discovered since the first trial. Counsel should not rely on the investigation
				or presentation of evidence from the first trial, but rather should start anew
				and seek to develop and present all available evidence, with the knowledge
				gained from the results of the first trial. Except in circumstances where
				counsel has substantial reason to believe the results will be different or no
				other witnesses are available, counsel should not present witnesses who
				provided unhelpful testimony earlier in the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 19 - Performance Standards for Criminal Defense Representation in Indigent Capital Cases › Section XV-1919 - Performance Standard 9: Direct Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duties of Appellate Counsel
1. Appellate counsel should comply with the
				capital guidelines, and these performance standards, except where clearly
				inapplicable to the representation of the client during the period of direct
				appeal, including the obligations to:
a.
				maintain close contact with the client regarding litigation
				developments;
b. continually
				monitor the clients mental, physical and emotional condition for effects on the
				clients legal position;
c. keep
				under continuing review the desirability of modifying prior counsels theory of
				the case in light of subsequent developments;
d. take all steps that may be appropriate in
				the exercise of professional judgment in accordance with these Standards to
				achieve an agreed-upon disposition; and
e. continue an aggressive investigation of
				all aspects of the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 19 - Performance Standards for Criminal Defense Representation in Indigent Capital Cases › Section XV-1921 - Performance Standard 10: State Post-Conviction and Clemency

Current through Register Vol. 50, No. 6, June 20, 2024
A. Duties of
				Post-Conviction Counsel
1. Post-conviction
				counsel should comply with the capital guidelines, and these performance
				standards, except where clearly inapplicable to the representation of the
				client in the post-conviction period of the case, including the obligations to:
a. maintain close contact with the client
				regarding litigation developments;
b. continually monitor the clients mental,
				physical and emotional condition for effects on the clients legal
				position;
c. keep under continuing
				review the desirability of modifying prior counsels theory of the case in light
				of subsequent developments;
d. take
				all steps that may be appropriate in the exercise of professional judgment in
				accordance with these standards to achieve an agreed-upon disposition;
				and
e. continue an aggressive
				investigation of all aspects of the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2103 - Obligations of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Since
				the representation of children facing a possible sentence of life without
				parole in adult court is a highly specialized area of legal practice, defense
				counsel should make extraordinary efforts on behalf of his or her client to
				ensure that trial proceedings "take into account how children are different,
				and how those differences counsel against irrevocably sentencing [children] to
				a lifetime in prison" [
Miller v. Alabama
, 132 S. Ct. 2455,
				2469 (2012)] and that "[s]entences imposed without parole eligibility [are]
				reserved for the worst offenders and worst cases" [La. C.Cr.P. art.
				878.1].
B. The primary and most
				fundamental obligation of the attorney representing a child facing a possible
				sentence of life without parole in adult court is to provide zealous and
				effective representation for his or her client at all stages of the process.
				The defense attorneys duty and responsibility is to promote and protect the
				expressed interests of the child. Attorneys also have an obligation to uphold
				the ethical standards of the Louisiana rules of professional conduct, to act in
				accordance with the Louisiana rules of court, and to properly document case
				files to reflect adherence to these standards.
C. To ensure the preservation, protection and
				promotion of the clients rights and interests, counsel should:
1. be proficient in the applicable state,
				federal, and international law substantive and procedural governing juvenile
				transfer, prosecution of juveniles in adult court, mitigation, sentencing,
				appeals, and state and federal post-conviction relief;
2. acquire and maintain appropriate
				experience, skills and training;
3.
				devote adequate time and resources to the case;
4. ensure that the defense team is
				appropriately staffed in accordance with these standards (see performance
				standard 2105, training and experience of defense counsel; performance standard
				2107, resources and caseloads; and performance standard 2115, assembling the
				defense team);
5. engage in the
				preparation necessary for high quality representation;
6. endeavor to establish and maintain a
				relationship of trust and open communication with the client;
7. make accommodations where necessary due to
				a clients special circumstances, including but not limited to age and its
				attendant circumstances, incompetence, mental or physical disability/illness,
				language barriers, cultural differences, and/or circumstances of
				incarceration.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2105 - Training and Experience of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before agreeing to defend a juvenile
				facing a possible life without parole sentence in adult court, an attorney has
				an obligation to make sure that he or she has sufficient time, resources,
				knowledge and experience to offer zealous and high quality legal
				representation.
B. Counsel should
				have a mastery of any substantive criminal law and laws of juvenile and
				criminal procedure that may be relevant to counsels representation, including
				ethical obligations for juvenile representation, adolescent development,
				juvenile transfer, obligations for juvenile representation in adult court
				(including these standards), mitigation, the process for sentencing juveniles
				facing life without parole, appeals and state and federal post-conviction.
				Counsel should also be familiar with the prevailing customs or practices of the
				relevant court and the policies and practices of the prosecuting
				agency.
C. Prior to representing a
				juvenile facing a possible life without parole sentence, at a minimum, counsel
				should have sufficient experience or training to provide high quality
				representation.
1. At least one attorney must
				have specialized training and relevant substantive experience representing
				child clients and shall annually complete at least six hours of training
				relevant to the representation of juveniles. In particular, at least one
				attorney must have experience interviewing and communicating with child clients
				in a trauma-informed and developmentally and age-appropriate manner. Additional
				training may include, but is not limited to:
a. adolescent mental health diagnoses and
				treatment, including the use of psychotropic medications;
b. how to read a psychological or psychiatric
				evaluation and how to use these in motions, including but not limited to, those
				involving issues of consent and competency relating to Miranda warnings,
				searches and waivers;
c. normal
				childhood development (including brain development), developmental delays and
				intellectual disability;
d.
				educational rights, including special educational rights and services and how
				to access and interpret school records and how to use them in motions,
				including but not limited to, those related to consent and competency
				issues;
e. immigration issues
				regarding children;
f. gang
				involvement and activity;
g.
				factors leading children to delinquent behavior.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2107 - Resources and Caseloads

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should not accept assignment to represent a juvenile facing life without parole
				unless he or she has available sufficient resources to offer high quality legal
				representation to the client in the particular matter, including adequate
				funding, investigative services, mitigation services, support staff, office
				space, equipment, research tools and access to expert assistance.
B. In assessing whether counsel has
				sufficient resources to accept an appointment, counsel should adhere to these
				standards as well as the case load standards set out by the Public Defender
				Board.
C. If, after being assigned
				a case, counsel discovers that he or she does not have available sufficient
				resources, then counsel should demand on behalf of the client all resources
				necessary to provide high quality legal representation. Counsel should seek
				necessary resources from all available sources, including litigating for those
				resources or for appropriate relief should the resources not be made available.
				Counsel should document in the file the resources he or she believes are needed
				and any attempts to obtain those resources. Counsel should create an adequate
				record in court to allow a full review of the denial of necessary resources or
				the failure to provide appropriate relief. Counsel should consider appropriate
				case law and ethical standards in deciding whether to move to withdraw or take
				other appropriate action.
D.
				Counsel should maintain compliance with all applicable caseload and workload
				standards. When counsel's workload is such that counsel is unable to provide
				each client with high quality legal representation in accordance with these
				performance standards, counsel should exhaust all avenues for reasonable
				resolution. If the excessive workload issue is not resolved, counsel should
				move to withdraw from the case or cases in which representation of a juvenile
				facing life without parole in compliance with these performance standards
				cannot be provided.
E. Counsel
				should never give preference to retained clients over indigent clients and
				should give priority to Miller cases over other cases.
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 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2117 - Scope of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should represent the client in the matter assigned from the time of
				assignment until relieved by the assignment of successor counsel or by order of
				the court.
B. Ordinarily, counsel
				representing a juvenile facing a life without parole sentence should assume
				responsibility for the representation of the client in all pending criminal and
				collateral proceedings involving the client where the favorable resolution of
				such an action is likely to be of significance to the juvenile life without
				parole case and for which counsel is adequately qualified and experienced.
				Counsel should represent the client in any new criminal proceeding arising
				during the course of the representation. Counsel should investigate and
				commence appellate or collateral proceedings regarding other criminal
				convictions or delinquency adjudications of the client where the favorable
				resolution of such an action is likely to be of significance to the juvenile
				life without parole case. Counsel shall have the discretion to assist
				incarcerated clients seeking redress of institutional grievances or responding
				to institutional proceedings and should do so where the resolution of the
				grievance or proceeding is likely to be of significance in the JLWOP
				proceeding.
C. Where it is not
				appropriate for counsel to assume the representation of the client in other
				proceedings due to a lack of appropriate experience or qualifications, a lack
				of sufficient resources or for other reasons, counsel should take all
				reasonable steps to ensure that appropriately qualified counsel is representing
				the client.
D. Counsel should
				maintain close communication with and seek the cooperation of counsel
				representing the client in any other proceeding to ensure that such
				representation does not prejudice the client in his JLWOP proceedings and is
				conducted in a manner that best serves the clients interests in light of the
				JLWOP proceedings.
E. Where
				counsels representation of a defendant is limited in its scope, lead counsel
				should ensure that the limitation is reasonable in the circumstances and obtain
				the clients informed consent to the limited scope of the representation. In
				obtaining informed consent, lead counsel should explain, in a trauma informed
				and age and developmentally appropriate manner, the exact limits of the scope
				of the representation, including both those purposes for which the client will
				and will not be represented. Where possible the agreement to provide
				representation that is limited in its scope should be communicated in
				writing.
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 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2121 - Counsels Initial Interviews with Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. Recognizing that first contact with a
				juvenile client facing a possible life without parole sentence is an extremely
				important stage in the representation of the client, counsel should take all
				reasonable steps to conduct a prompt initial interview designed to protect the
				clients position, preserve the clients rights and begin the development of a
				relationship of trust and confidence.
B. Counsel should take all reasonable steps
				to ensure that the clients rights are promptly asserted, that the client does
				not waive any right or entitlement by failing to timely assert the right or
				make a claim, and that any exculpatory or mitigating evidence or information
				that may otherwise become unavailable is identified and preserved.
C. Counsel should ensure that a high level of
				contact is maintained at the outset of the representation that is at least
				sufficient to begin to develop a relationship of trust and confidence and to
				meaningfully communicate information relevant to protecting the clients
				position and preserving the clients rights.
D. An initial interview of pre-trial clients
				should be conducted within 24 hours of counsels assignment to the case unless
				exceptional circumstances require counsel to postpone this interview. In that
				event or where the client is being represented in appellate or post-conviction
				proceedings, the interview should be conducted as soon as reasonably
				possible.
E. Preparing for the
				Initial Interview
1. Prior to conducting the
				initial interview of a pre-trial client, counsel should, where possible and
				without unduly delaying the initial interview:
a. be familiar with the elements of the
				offense(s)and the potential punishment(s), where the charges against the client
				are already known;
b. obtain copies
				of any relevant documents that are available, including copies of any charging
				documents, warrants and warrant applications, law enforcement and other
				investigative agency reports, autopsy reports, and any media accounts that
				might be available;
c. request
				mental health, juvenile assessment center, detention center or education
				records, including any screenings or assessments, that may help in the initial
				interview with the client; and
d.
				consult with any predecessor counsel to become more familiar with the case and
				the client.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2123 - Procedures that Subject Client to the Jurisdiction of Criminal Court

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where a childs
				prosecution begins in juvenile court, counsel should be familiar with laws
				subjecting a child to the exclusive jurisdiction of a court exercising criminal
				jurisdiction, including the offenses subjecting the client to such
				jurisdiction. Counsel should seek to discover at the earliest opportunity
				whether transfer will be sought.
B.
				Counsel should fully explain the procedures by which a child can be transferred
				to adult court and the consequences of transfer to the child and the childs
				parents.
C. Counsel should advocate
				for the child to remain in the jurisdiction of juvenile court but should only
				do so after assessing the strategic advantages and disadvantages and the need
				to present facts and mitigating evidence to the district attorney in an effort
				to persuade the district attorney to keep the child in juvenile
				court.
D. Where a continued custody
				hearing will be held, counsel shall not, except in extraordinary circumstances,
				waive the continued custody hearing. Counsel shall fully prepare for the
				continued custody hearing in accordance with performance standard 2125,
				continued custody hearings.
E. If
				the child has already been transferred to adult proceedings and counsel did not
				represent the child in juvenile court, counsel should obtain the juvenile court
				records and files and the juvenile court attorneys entire file.
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 21 - Performance Standards for Attorneys Representing Juveniles in Life without Parole Cases › Section XV-2125 - Continued Custody Hearings

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 unless there are strategic reasons for not doing so.
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 childs
				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.