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-2115 - Assembling the Defense Team

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				are to be assigned in accordance with these standards. A minimum of two counsel
				shall be assigned to each case. Where possible, lead counsel should participate
				in the decision of who should be assigned as additional counsel. Lead counsel
				should advocate for the assignment of additional counsel with the skills,
				experience and resources appropriate to the provision of high quality
				representation in the case. Lead counsel should have regard to his or her own
				strengths and weaknesses in recommending the assignment of additional counsel
				in order to ensure the formation of a defense team capable of providing high
				quality representation to the client in the particular case.
B. Lead counsel bears overall responsibility
				for the performance of the defense team, and should allocate, direct, and
				supervise its work in accordance with these performance standards. Subject to
				the foregoing, lead counsel may delegate to other members of the defense team
				duties imposed by these standards, unless the standard specifically imposes the
				duty on "lead counsel."
C. As soon
				as practical after assignment and at all stages of a juvenile life without
				parole case, lead counsel should assemble a defense team by:
1. requesting at least one additional counsel
				in accordance with these standards;
2. selecting and making any appropriate
				staffing, employment or contractual agreements with non-attorney team members
				in such a way that the defense team includes:
a. at least one mitigation specialist and one
				fact investigator;
b. at least one
				member with specialized training and knowledge in adolescent development,
				including but not limited to, developmental science and other research that
				informs specific legal questions regarding capacities, responsiveness to
				treatment and culpability;
c. at
				least one member with specialized training in identifying, documenting and
				interpreting symptoms of mental and behavioral impairment in adolescents,
				including cognitive deficits, mental illness, developmental disability,
				neurological deficits; long-term consequences of deprivation, neglect and
				maltreatment during developmental years; social, cultural, historical,
				political, religious, racial, environmental and ethnic influences on behavior;
				effects of substance abuse and the presence, severity and consequences of
				exposure to trauma;
d. individuals
				possessing the training and ability to obtain, understand and analyze all
				documentary and anecdotal information relevant to the clients
				history;
e. sufficient support
				staff, such as secretarial, clerical and paralegal support, to ensure that
				counsel is able to manage the administrative, file management, file review,
				legal research, court filing, copying, witness management, transportation and
				other practical tasks necessary to provide high quality representation;
				and
f. any other members needed to
				provide high quality legal representation, including people necessary to:
				reflect the seriousness, complexity or amount of work in a particular case;
				meet legal or factual issues involving specialist knowledge or experience;
				ensure that the team has the necessary skills, experience and capacity
				available to provide for the professional development of defense personnel
				through training and case experience; or, for other reasons arising in the
				circumstances of a particular case.