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-1901 - Purpose, Findings and Intentions

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				standards for attorneys representing indigent defendants in capital cases are
				intended to serve several purposes. First and foremost, the standards are
				intended to encourage public defenders, assistant public defenders, and
				assigned counsel to perform to a high standard of representation and to promote
				professionalism in the representation of indigent capital defendants. These
				standards apply to trial level, appellate, and post-conviction representation.
				It is the intention of these rules to adopt and apply the standards for capital
				defense set out by the American Bar Associations
Guidelines for the
				Appointment and Performance of Defense Counsel in Death Penalty Cases
,
				its associated commentary, and the
Supplementary Guidelines for the
				Mitigation Function of Defense Teams in Death Penalty Cases
.
B. The standards are also intended to alert
				defense counsel to courses of action that are necessary, advisable, or
				appropriate, and thereby to assist attorneys in deciding upon the particular
				actions that should be taken in each case to ensure that the capital client
				receives high quality legal representation. The standards are further intended
				to provide a measure by which the performance of individual attorneys and
				defender offices may be evaluated by case supervisors, responsible agencies and
				the state public defender and to assist in training and supervising attorneys.
				While the great majority of the requirements detailed in these standards
				reflect accepted minimum levels of practice in capital defense, some standards
				have been added to assist in the supervision, development and accountability of
				indigent capital defense service provision.
C. The language of these standards is
				general, implying flexibility of action which is appropriate to the situation.
				Use of judgment in deciding upon a particular course of action is reflected by
				the phrases "should consider" and "where appropriate". In those instances where
				a particular action is required in providing quality representation, the
				standards use the words "should" or "shall". Even where the standards use the
				words "should" or "shall", in certain situations the lawyers best informed
				professional judgment and discretion may indicate otherwise.
D. There is a limitless variety of
				circumstances presented by indigent capital defense and this variation in
				combination with changes in law and procedure requires that attorneys approach
				each new case with a fresh outlook. Therefore, though the standards are
				intended to be comprehensive, they are not exhaustive. Depending upon the type
				of case and the particular jurisdiction, there may well be additional actions
				that an attorney should take or should consider taking in order to provide
				zealous and effective representation. Attorneys are expected to use their
				individual professional judgment in representing clients. If that judgment
				mandates a departure from these standards, the attorney should be aware of and
				be able to articulate the reasons that a departure from the standards is in the
				clients best interests and consistent with high quality legal
				representation.
E. Minimum
				standards that have been promulgated concerning representation of defendants in
				non-capital cases, and the level of adherence to such standards required for
				non-capital cases are not sufficient for death penalty cases. Counsel in death
				penalty cases are required to perform at the level of an attorney reasonably
				skilled in the specialized practice of capital representation, zealously
				committed to the capital case, who has adequate time and resources for
				preparation. These performance standards have been adapted from the
State of Louisiana Performance Standards for Criminal Defense
				Representation in Indigent Criminal Cases in the Trial Court
, adding
				capital specific issues and procedures where necessary. In light of the
				recognition that "death is different" and capital prosecutions necessitate
				heightened procedural safeguards, these standards should be interpreted in
				order to compel high quality legal representation.
F. In accordance with
				R.S.
				15:173 the exercise of the authority to
				promulgate standards is not intended to create any new right, right of action,
				or cause of action or eliminate any right, right of action, or cause of action
				existing under current law. Accordingly, these standards shall not be construed
				to provide any criminal defendant the basis of any claim that the attorney or
				attorneys appointed to represent him pursuant to the Louisiana Public Defender
				Act of 2007 performed in an ineffective manner.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148.