Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 1 - Purpose and Definitions › Section XV-103 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. For the purposes
				of this rule, the following definitions shall apply.
Appellate Case
-a criminal proceeding in
				  which a review as of right is exercised by or on behalf of an individual
				  seeking judicial redress of a final judgment in accordance with Const. Art. I,
				  Sec. 19 (1974), C. Cr.P. Arts. 911-913, and Ch.C. Arts. 330 and 710(B).
Arrest
-the taking of one person into
				  custody by another. To constitute an arrest, there must be an actual restraint
				  of the person. The restraint may be imposed by force or may result from the
				  submission of the person arrested to the custody of the one arresting him or
				  her.
Capital Case
-a criminal proceeding
				  involving the arrest or indictment of an individual whereby the accused, if
				  found guilty, may be sentenced to death.
Case
-a statistical construct used to report
				  the number of defendants to be represented by a judicial district indigent
				  defender board for a period of time exceeding one hour in a single proceeding
				  of the number of bills of information, indictments, charges, or petitions
				  brought against an individual in a single proceeding.
Caseload
-the total number of cases handled
				  by a district indigent defender board or individual attorney. Caseloads are
				  reported to the LIDAB in the caseload categories established by the LIDAB.
				  These categories include, but are not limited to: Capital Trial Cases; Capital
				  Appellate Cases; Capital Post-Conviction Cases; Non-Capital Felony Trial Cases;
				  Non-Capital Felony Appeal Cases; Non-Capital Felony Post-Conviction Cases;
				  Misdemeanor Trial Cases; Traffic Trial Cases; Juvenile Delinquency Cases; Child
				  In Need of Care Cases; Families In Need of Services Cases; Juvenile Appellate
				  Cases; Mental Health Cases; Probation Revocation Cases; and Other Cases.
Certification Program
-the combination of
				  all procedures, regulations, guidelines and rules of the LIDAB mandated by La.
				  S.Ct. Rule XXXI. Unless otherwise indicated, this term applies to both the
				  Capital and Appellate Certification Programs.
Certified Counsel
-an attorney that has been
				  authorized through the appropriate certification program to serve as lead or
				  associate counsel in capital trial cases and/or felony appellate cases on
				  behalf of an indigent client.
Confinement
-the placement of an individual
				  into physical custody by authority of law pursuant to Titles 14, 15, 32, and 40
				  of the Louisiana Revised Statutes, the Louisiana Code of Criminal Procedure,
				  the Louisiana Children's Code, and all other laws providing criminal penalties
				  for violation of their provisions. Confinement shall include physical custody
				  arising from an arrest, a conviction, a finding of delinquency, an order of
				  commitment to a juvenile shelter or detention facility, or an order of
				  commitment to a public or private mental institution or institution for the
				  mentally retarded.
Criminal Proceeding
-any litigation
				  involving the investigation or commission of any offense punishable by
				  imprisonment, confinement, or custody.
Custody
-the detention or confinement of an
				  individual as a result of, or incidental to, an instituted or anticipated
				  criminal, mental health, or juvenile proceeding.
Defense Services
-include all reasonable and
				  necessary steps involved in representing an individual in accordance with
				  constitutional and statutory law, rules of the Louisiana Supreme Court, and the
				  Louisiana State Bar Association Rules of Professional Conduct.
Direct Assistance
-financial aid provided to
				  a judicial indigent defender board by the Louisiana Indigent Defense Assistance
				  Board, including grant-in-aid programs, technical assistance grants, and
				  reimbursement of expenses for defense experts and specialized scientific
				  tests.
Expert Witness
-an individual recognized as
				  an authority on a subject based on the person's knowledge, skill, experience,
				  training, or education. To be considered an expert witness under this rule, it
				  is not necessary that the individual be called to testify at a criminal, mental
				  health, or juvenile proceeding.
Grant Application
-the formal process
				  whereby a judicial district indigent defender board requests assistance from
				  the LIDAB for financial or technical assistance for a specific need or
				  purpose.
Grant-in-Aid Program
-formal procedures,
				  rules, and regulations established by the LIDAB to provide direct financial
				  assistance to a judicial district indigent defender board based on the LIDAB's
				  funding levels, the judicial district indigent defender board's demonstrated
				  need, and compliance with the LIDAB's guidelines.
Imprisonment
-confinement of a person in a
				  jail or state correctional facility.
Independent Financial Audit
-a formal review
				  of all financial records of a judicial district indigent defender board by an
				  independent certified public accountant in accordance with government approved
				  accounting practices.
Indigency Standards
-those procedures
				  provided in R.S. 15:147-149.
Indirect Assistance
-non-financial support
				  provided by the LIDAB to a judicial district indigent defender board. Such
				  support includes, but is not limited to, assistance in the development and
				  improvement of administrative and management practices, the sharing of
				  technical information, and the provision of specialized continuing legal
				  education programs.
Judicial District Indigent Defender Board
-a
				  public entity established pursuant to R.S. 15:144-146.
Juvenile Proceedings
-those proceedings
				  instituted pursuant to provisions of the Louisiana Children's Code wherein the
				  services of a judicial district indigent defender board are specifically
				  required.
Local Counsel
-counsel that is certified by
				  the Louisiana Indigent Defense Assistance Board as qualified to represent
				  indigents in capital cases within a judicial district wherein he or she resides
				  or regularly practices law.
Louisiana Indigent Defense Assistance Board
-a nine-member board established within the office of the governor
				  pursuant to
				  R.S.
				  15:151, et seq. for the purpose of providing
				  supplemental assistance to judicial district indigent defender boards to the
				  extent required by the Constitution and laws of Louisiana or the Constitution
				  of the United States of America.
May
-permissive.
Regional Defense Service Centers
-regional
				  service centers established pursuant to
				  R.S.
				  15:151.
Shall
-mandatory.
Specialized Continuing Legal Education
-includes courses and seminars primarily focused on criminal
				  defense-oriented issues and skills and approved by the mandatory continuing
				  legal education committee for continuing legal education credit.
Specialized Scientific Testing
-includes any
				  specialized testing outside the ken of lay persons that is carried out on
				  behalf of an indigent person and authorized by a court of competent
				  jurisdiction as necessary to the defense.
Supplemental Assistance
-includes direct and
				  indirect financial support and non-financial support of defender programs,
				  including, but not limited to, improvement of administrative procedures,
				  exchange of information, budgetary management and continuing legal
				  education.
AUTHORITY NOTE:
				  Promulgated in accordance with R.S. 15:151.2
				  (D)-(F).