reglab/statecodes huggingface dataset:
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 7 - Trial Court Performance Standards › Section XV-769 - Children Prosecuted as Adults

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel representing a child as an adult should be familiar with the law and
				procedure covering children prosecuted as adults and the law and procedure of
				the juvenile courts. Counsel should, where possible, have received specialized
				training in the defense of children in the adult and juvenile courts.
B. When representing a child who is
				prosecuted as an adult a transfer to Juvenile Court may be a desirable defense
				goal; counsel should consider involving the Juvenile Court in plea
				negotiations.
C. The use of experts
				in evaluating juvenile sex offenders should be strongly considered.
1. Developing issues of competency,
				developmental disability, Attention Deficit Disorder and Attention Deficit
				Hyperactivity Disorder should also be explored.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-901 - Objective and Scope of Guidelines

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Objective of the Guidelines and Performance Standards
1. The objective of these guidelines and
				associated performance standards is to create mandatory statewide guidelines
				and performance standards for the defense of capital cases as required by
				R.S.
				15:148(B)(10) in order to
				ensure high quality legal representation for all persons facing the possible
				imposition or execution of a death sentence in a manner that is uniformly fair
				and consistent throughout the state.
2. The guidelines are principally intended to
				focus on the structure of capital defense service delivery. The associated
				performance standards are principally intended to focus on the tasks involved
				in the delivery of capital defense services by attorneys, investigators,
				mitigation specialists and supervisors.
3. These guidelines are intended to adopt and
				apply the guidelines for capital defense set out by the American Bar
				Association's
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.
In these guidelines, the ABA guidelines have
				been adapted and applied to meet the specific needs and legal requirements
				applicable in Louisiana while seeking to give effect to the intention and
				spirit of the ABA guidelines.
4.
				These guidelines and associated performance standards are intended to provide
				capital defenders and responsible agencies with specific guidance on the
				performance of their functions and to allow the state public defender and the
				Public Defender Board to more efficiently evaluate the delivery models and
				performance of the capital defense services provided throughout the
				state.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-903 - Adoption and Implementation of Capital Representation Plans

Current through Register Vol. 50, No. 6, June 20, 2024
A. Adoption of Capital Representation Plans
1. The state public defender shall adopt and
				implement a plan formalizing the means by which high quality legal
				representation in death penalty cases is to be provided in accordance with
				these guidelines (the Louisiana Capital Representation Plan).
2. Each district public defender (or regional
				director where a service region has been established) shall adopt and implement
				a plan formalizing the means by which high quality legal representation in
				death penalty cases is to be provided in accordance with these guidelines and
				the Louisiana Capital Representation Plan (the District Capital Representation
				Plan).
3. The state public defender
				may publish a form for the District Capital Representation Plan.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-905 - Designation of Responsible Agencies

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Responsibility for Ensuring High Quality Legal Representation in Capital Cases
1. Subject to
				R.S.
				15:165, the district public defender is
				responsible within his or her jurisdiction for:
a. ensuring that each capital defendant in
				the jurisdiction receives high quality legal representation consistent with
				these guidelines and associated performance standards at trial level;
b. ensuring the continuing cooperation of
				trial counsel and defense team members with appellate and post-conviction
				counsel;
c. recruitment and
				development of attorneys to represent capital defendants at trial level,
				including assisting attorneys in meeting certification requirements;
d. assigning the attorneys who will represent
				the defendant throughout the trial level of the case, except to the extent that
				the defendant has private attorneys and has not sought assistance as a
				partially indigent defendant;
e.
				monitoring the performance of all attorneys providing trial level capital
				representation in the jurisdiction;
f. periodically reviewing the roster of
				qualified attorneys in his or her jurisdiction and recommending to the state
				public defender the withdrawal of certification from any attorney who fails to
				provide high quality legal representation consistent with these guidelines;
				and
g. investigating and
				maintaining records concerning complaints about the performance of attorneys
				providing representation in death penalty cases within his or her jurisdiction
				and taking appropriate corrective action without delay.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-907 - Case tracking of Capital Cases

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Obligation of District Public Defender to Track All Capital Cases within
				Jurisdiction
1. Each district public defender
				should track the arrest, indictment, procedural posture and disposition in all
				capital cases in his or her district up to and including sentencing stage.
				Tracking should include the cases of those defendants who are not currently
				indigent. Information gathered from the tracking of capital cases is to be
				promptly provided to the state public defender.
2. The district public defender's obligations
				under this Section remain even where the district has assigned responsibility
				for capital representation to the state public defender.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-909 - Eligibility for Public Defender Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Eligible for Services if Financially
				Unable to Secure Appropriate Representation
1. A person will be eligible for public
				defender services if he or she is unable, without substantial financial
				hardship to himself or to his dependents, to obtain competent, qualified legal
				representation on his own.
2.
				Substantial financial hardship is presumptively determined to include all
				defendants who receive public assistance, such as Food Stamps, Temporary
				Assistance for Needy Families, Medicaid, Disability Insurance, resides in
				public housing, or earns less than two hundred percent of the federal poverty
				guideline. A defendant is presumed to have a substantial financial hardship if
				he or she is currently serving a sentence in a correctional institution or is
				housed in a mental health facility.
3. Capital defendants not falling below the
				presumptive threshold will be eligible to receive public defender services if
				their particular circumstances, including seriousness of the charges being
				faced, monthly expenses, local private counsel rates for counsel qualified to
				handle capital cases, would result in a "substantial hardship" were they to
				seek to retain private counsel. Relevant considerations may include such
				factors as income or funds from employment or any other source, including
				public assistance, to which the accused is entitled, property owned by the
				accused or in which he or she has an economic interest, outstanding
				obligations, the number and ages of dependents, employment and job training
				history, and level of education. Release on bail alone shall not disqualify a
				person from eligibility.
4. A
				capital defendant meeting the above criteria will be eligible for public
				defender services notwithstanding that he or she has retained counsel through a
				collateral funding source or on a pro bono basis. A capital defendant who has
				retained counsel at his own expense may be eligible for public defender
				services subject to careful examination of his or her financial status and the
				possibility of seeking an order under
				R.S.
				15:176.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-911 - Assignment of Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Assignment
				of Specific Attorneys to Each Capital Case
1.
				In each capital case the person or organization responsible for assigning
				counsel pursuant to
				§905 shall
				assign specific attorneys to each case and not an office, organization or group
				of attorneys. At least one appropriately certified attorney shall be assigned
				as lead counsel and at least one appropriately certified attorney shall be
				assigned as associate counsel. Additional counsel may be assigned when
				necessary or appropriate and assignments may be changed, subject to maintaining
				continuing compliance with these guidelines.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-913 - The Defense Team and Supporting Services

Current through Register Vol. 50, No. 6, June 20, 2024
A. Minimum Components of the Defense Team
1. For all capital defendants, a defense team
				that will provide high quality legal representation must be assembled.
a. The defense team should consist of no
				fewer than two attorneys certified in accordance with
				§915 of these
				guidelines (with at least one qualified as lead counsel), an investigator, and
				a mitigation specialist.
b. The
				defense team must include individuals possessing the training and ability to
				obtain, understand and analyze all documentary and anecdotal information
				relevant to the client's life history.
c. At least one member of the team must have
				specialized training in identifying, documenting and interpreting symptoms of
				mental and behavioral impairment, 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. The two attorneys, investigator and
				mitigation specialist described above are the minimum components of any defense
				team. The emphasis in assembling a defense team is to ensure that the team
				possesses the skills, experience and capacity to provide high quality
				representation in the particular case.
e. Additional team members will be
				appropriate in many cases in order to:
i.
				reflect the seriousness, complexity or amount of work in a particular
				case;
ii. meet legal or factual
				issues involving specialist knowledge or experience;
iii. ensure that the team has the necessary
				skills, experience and capacity available to provide high quality
				representation in the particular case;
iv. provide for the professional development
				of defense personnel through training and case experience; and
v. for any other reason arising in the
				circumstances of a particular case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-915 - Qualifications of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Certification Standards Intended to Ensure High Quality Legal Representation
1. The certification standards and mechanisms
				established by these guidelines should be construed and applied in such a way
				as to further the overriding goal of providing each client with high quality
				legal representation.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-917 - Certification Transitional Provision

Current through Register Vol. 50, No. 6, June 20, 2024
A. Re-certification for Attorneys on the
				Roster Prior to the Promulgation of these Guidelines
1. All attorneys on the Public Defender
				Board's Capital Certification Roster at the time of the adoption of these
				guidelines shall be deemed to be certified under these guidelines on the date
				of adoption subject to the following.
a. All
				attorneys deemed to be certified under this Section must apply for
				certification under these guidelines within six months of the guidelines being
				adopted by the board or be de-certified. An attorney de-certified in this way
				may subsequently apply for certification.
b. Attorneys deemed to be certified under
				these guidelines must satisfy the comprehensive training program requirement
				contained in §923. B within two years of the adoption of these guidelines.
				Where an attorney fails to satisfy this provision he or she shall be
				immediately reduced to provisional certification status and the state public
				defender shall determine whether the attorney should be de-certified.
c. The state public defender will inform any
				court in which the attorney is acting for a capital defendant of the
				de-certification of the attorney.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-919 - Workload

Current through Register Vol. 50, No. 6, June 20, 2024
A. Workloads Should
				be Low Enough to Allow High Quality Legal Representation
1. Workloads of defense team members shall be
				maintained at a level that enables counsel to provide each client with high
				quality legal representation in accordance with these guidelines and associated
				performance standards, including the ability of counsel to devote full time
				effort to the case as circumstances will require.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-921 - Monitoring of Certified Counsel; Removal

Current through Register Vol. 50, No. 6, June 20, 2024
A. Monitoring Performance of Defense Counsel
1. The state public defender is responsible
				for monitoring the performance of all capital defense counsel to ensure that
				each client is receiving high quality legal representation.
2. The district public defender is
				responsible for monitoring the performance of all capital defense counsel in
				his or her jurisdiction, when not precluded from doing so by a conflict of
				interest.
3. Where there is
				evidence that an attorney is not providing high quality legal representation
				consistent with these guidelines and associated performance standards, the
				state public defender and district public defender, as appropriate, should take
				necessary action to protect the interests of the attorney's current and
				potential clients.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-923 - Training

Current through Register Vol. 50, No. 6, June 20, 2024
A. Funding of
				Capital Defense Trainings
1. Funds should be
				made available by the Public Defender Board for the effective training,
				professional development, and continuing education of capital defense
				attorneys, investigators and mitigation specialists.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-925 - Funding and Compensation

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Responsibility for Funding Capital Defense
1.
				Except as otherwise provided in these guidelines, the district public defender
				shall be responsible for funding capital defense services in each case for
				which he or she has responsibility under §905 The state public defender
				shall be responsible for funding capital defense services as provided for in
				these guidelines and in each case for which he or she has responsibility under
				§905
2. Where a district
				public defender or the state public defender has insufficient funds to provide
				for capital defense services for which it has responsibility, the Board shall
				have responsibility for making available sufficient funds to permit the funding
				of capital defense services consistent with these guidelines and associated
				performance standards.
3. Where the
				board is unable to provide sufficient funds to permit representation consistent
				with these guidelines and associated performance standards it shall be the
				obligation of defense counsel in each case so affected to take all necessary
				steps to preserve and protect the defendant's rights until adequate funding is
				provided, including, in a trial level case, move for a halt of
				prosecution.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 9 - Capital Defense Guidelines › Section XV-927 - Establishment of Performance Standards

Current through Register Vol. 50, No. 6, June 20, 2024
A. Establishing Performance Standards
1. The Public Defender Board shall establish
				performance standards for all counsel in death penalty cases.
2. Pending the adoption of these performance
				standards, counsel in death penalty cases should meet the standards adopted by
				the American Bar Association.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1101 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The standards
				for parent representation in child in need of care cases are intended to serve
				several purposes. First and foremost, the standards are intended to encourage
				district public defenders, assistant public defenders and appointed counsel to
				perform to a high standard of representation and to promote professionalism in
				the representation of parents in child in need of care and termination of
				parental rights cases.
B. The
				standards are also intended to alert defense counsel to courses of action which
				may be necessary, advisable, or appropriate, and thereby to assist attorneys in
				deciding upon the particular actions to be taken in each case to ensure that
				the client receives the best representation possible. The standards are further
				intended to provide a measure by which the performance of district public
				defenders, assistant public defenders and appointed counsel may be evaluated,
				including guidelines for proper documentation of files to demonstrate adherence
				to the Standards, and to assist in training and supervising
				attorneys.
C. The language of these
				standards is general, implying flexibility of action which is appropriate to
				the situation. In those instances where a particular action is absolutely
				essential to providing quality representation, the standards use the word
				"shall." In those instances where a particular action is usually necessary to
				providing quality representation, the standards use the word "should." Even
				where the standards use the word "shall," in certain situations, the lawyer's
				best informed professional judgment and discretion may indicate
				otherwise.
D. These standards are
				not criteria for the judicial evaluation of alleged misconduct of defense
				counsel.
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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1103 - Obligations of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				primary and most fundamental obligation of an attorney representing a parent in
				a child in need of care or a termination of parental rights case is to provide
				zealous and effective representation for his or her client at all stages of the
				process. The defense attorney's duty and responsibility is to promote and
				protect the expressed interests of the client. If personal matters make it
				impossible for the defense counsel to fulfill the duty of zealous
				representation, he or she has a duty to refrain from representing the client.
				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 the standards.
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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1109 - Obligations of Counsel Regarding Parent's Rights

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should understand and protect the
				parent's rights to information and decision-making while the child is in the
				custody of the state. The parent's attorney shall explain to the parent what
				decision-making authority remains with the parent and what lies with the child
				welfare agency while the child is in custody of the state.
B. The parent's attorney should seek updates
				and reports from any service provider working with the child/family and help
				the client obtain information about the child's safety, health, education and
				well-being when the client desires.
C. Where decision-making rights remain, the
				parent's attorney should assist the parent in exercising his or her rights to
				continue to make decisions regarding the child's medical, mental health and
				educational services.
D. If
				necessary, the parent's attorney should intervene with the Department of
				Children and Family Services, provider agencies, medical providers and the
				school to ensure the parent has decision-making opportunities. This may include
				seeking court orders when the parent has been left out of important decisions
				about the child's life.
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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1111 - Obligations of Counsel Prior to Filing of Petition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel, upon notice of appointment,
				should actively represent a parent prior to the filing of the petition in a
				case.
1. The parent's attorney should counsel
				the client about the client's rights in the investigation stage as well as the
				realistic pros and cons of cooperating with the Department of Children and
				Family Services (e.g., the parent's admissions could be used against the client
				later, but cooperating with services could eliminate a petition
				filing).
2. The parent's attorney
				should acknowledge that the parent may be justifiably emotional that the agency
				is involved with the client's family, and help the client develop strategies so
				the client does not express that emotion toward the caseworker in ways that may
				undermine the client's goals.
3.
				The attorney should discuss available services and help the client enroll in
				those in which the client wishes to participate.
4. The attorney should explore conference
				opportunities with the agency. If it would benefit the client, the attorney
				should attend any conferences. The attorney should prepare the client for
				issues that might arise at the conference, such as services and available
				kinship resources, and discuss with the client the option of bringing a support
				person to a conference.
5. The
				attorney should gather and forward to the agency the names and contact
				information of any potential temporary placements for the children that the
				client would like the agency to consider.
6. The attorney should assess whether the
				Department of Children and Family Services made the reasonable efforts required
				before removing the child from the home and the attorney should be prepared to
				argue a lack of reasonable efforts to the court, whenever
				appropriate.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1113 - Counsel's Initial Interview with Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. Preparing for the Initial Interview
1. Prior to conducting the initial interview
				the attorney should, where possible:
a. be
				familiar with the allegations against the client;
b. obtain copies of any relevant documents
				which are available, including copies of any reports made by law enforcement,
				medical personnel or Department of Children and Family Services personnel;
				and
c. determine if any criminal
				charges have been or are likely to be filed against the client.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1115 - Counsel's Duties Regarding Client Communication

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel shall act in accordance with the
				duty of loyalty owed to the client. Attorneys representing parents should show
				respect and professionalism towards their clients. Parents' attorneys should
				support their clients and be sensitive to the client's individual needs.
				Attorneys should remember that they may be the client's only advocate in the
				system and should act accordingly.
B. Counsel shall adhere to all laws and
				ethical obligations concerning confidentiality. Attorneys representing parents
				shall understand confidentiality laws, as well as ethical obligations, and
				adhere to both with respect to information obtained from or about the
				client.
C. Counsel shall meet and
				communicate regularly with the client well before court proceedings.
D. Counsel should advocate for the client's
				goals and empower the client to direct the representation and make informed
				decisions.
E. Counsel should
				identify any potential barriers to the client's cooperation in the proceedings.
1. The parent's attorney should help the
				client access information about the child's developmental and other needs by
				speaking to service providers and reviewing the child's records. The parent
				needs to understand these issues to make appropriate decisions for the child's
				care.
2. The parent's attorney and
				the client should identify barriers to the client engaging in services, such as
				employment, transportation, housing and financial issues. The attorney should
				work with the client, caseworker and service provider to resolve the
				barriers.
3. The attorney should be
				aware of any special issues the parents may have related to participating in
				the proposed case plan, such as an inability to read or language differences,
				and advocate with the child welfare agency and court for appropriate
				accommodations.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1117 - Counsel's Duty to Investigate

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel has a duty to conduct a prompt, reasonable and independent
				investigation at every stage of the proceeding of each case. Counsel should
				investigate whether the allegations of abuse and/or neglect and disposition are
				factually and legally correct and the client is aware of potential defenses to
				the allegations. The parent's attorney cannot rely solely on what the agency
				caseworker reports about the parent. The attorney could consider contacting
				service providers who work with the client, relatives who can discuss the
				parent's care of the child, and the child's teachers or other people who can
				clarify information relevant to the case.
B. Counsel should interview the client well
				before each hearing, in time to use client information for the case
				investigation. The parent's attorney should meet with the parent regularly
				throughout the case. The meetings should occur well before the hearing, not
				just at the courthouse before the case is called before the judge. The attorney
				should ask the client questions to obtain information to prepare the case and
				strive to create a comfortable environment so the client can ask the attorney
				questions. The attorney should use these meetings to prepare for court as well
				as to counsel the client concerning issues that arise during the course of the
				case.
C. Counsel should consider
				the necessity to interview the potential witnesses, including any adverse to
				the accused, as well as witnesses favorable to the accused. Interviews of
				witnesses adverse to the accused should be conducted in a manner that permits
				counsel to effectively impeach the witness with statements made during the
				interview, either by having an investigator present or, if that is not
				possible, by sending the investigator to conduct the interview.
D. Counsel should make efforts to secure
				information in the possession of the prosecution or law enforcement
				authorities, including police reports. Where necessary, counsel should pursue
				such efforts through formal and informal discovery unless sound tactical
				reasons exist for not doing so. Counsel should obtain National Crime
				Information Center or other states' criminal history records for the client and
				for the prosecution witnesses.
E.
				Where appropriate, counsel should make a prompt request to the police or
				investigative agency for any physical evidence or expert reports relevant to
				the offense or sentencing. Counsel should examine any such physical
				evidence.
F. Counsel should secure
				the assistance of experts where it is necessary or appropriate to:
1. the preparation of the defense;
2. adequate understanding of the agency's
				case; or
3. rebut the agency's
				case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1119 - Informal Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parent's
				attorney should review the child welfare agency case file as early during the
				course of representation as possible and periodically thereafter.
B. The parent's attorney should obtain all
				necessary documents, including copies of all pleadings and relevant notices
				filed by other parties, and information from the caseworker and
				providers.
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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1121 - Formal Discovery

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parent's
				attorney should use formal discovery methods to obtain information and inspect
				evidence as permitted by La. Ch.C. Art. 652.
B. Counsel 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
				record, if any;
4. all oral and/or
				written statements by the accused, and the details of the circumstances under
				which the statements were made;
5.
				the prior criminal record of the accused 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. all
				investigative reports by all law enforcement and other agencies involved in the
				case; and
9. 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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1123 - Court Preparation

Current through Register Vol. 50, No. 6, June 20, 2024
A. During
				investigation and trial preparation, counsel should develop and continually
				reassess a theory of the case and strategy to follow at hearings and
				negotiations.
B. Counsel for
				parents should engage in case planning and advocate for appropriate social
				services using a multidisciplinary approach to representation when available.
1. The parent's attorney should know about
				the social, mental health, substance abuse treatment and other services that
				are available to parents and families in the jurisdiction in which the attorney
				practices so the attorney can advocate effectively for the client to receive
				these services. The attorney should ask the client if the client wishes to
				engage in services. If so, the attorney should determine whether the client has
				access to the necessary services to overcome the issues that led to the
				case.
2. The attorney should
				actively engage in case planning, including attending major case meetings and
				family team conferences, to ensure the client asks for and receives the needed
				services. The attorney should also ensure the client does not agree to
				undesired services that are beyond the scope of the case.
3. Whenever possible, the parent's attorney
				should engage or involve a social worker as part of the parent's "team" to help
				determine an appropriate case plan, evaluate social services suggested for the
				client, and act as a liaison and advocate for the client with the service
				providers.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1125 - Entering the Negotiated Stipulation before the Court

Current through Register Vol. 50, No. 6, June 20, 2024
A. Prior to the entry of a stipulation,
				counsel should:
1. make certain that the
				client understands the rights he or she will waive by entering the stipulation
				and that the client's decision to waive those rights is knowing, voluntary and
				intelligent;
2. make certain that
				the client receives a full explanation of the conditions and limits of the
				stipulation and the potential outcomes and collateral consequences the client
				will be exposed to by entering a stipulation; and
3. explain to the client the nature of the
				stipulation and prepare the client for the role he or she will play in the
				proceeding, including answering questions of the judge and, where appropriate,
				providing a statement concerning the allegations.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1127 - Counsel's Duties at Continued Custody Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. At the continued custody hearing, counsel
				for a parent should take steps to see that the hearing is conducted in a timely
				fashion pursuant to La. Ch. C. Art. 624, 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 alleged abuse and/or
				neglect;
2. the law of establishing
				grounds of abuse and neglect (La. Ch. C. Art. 606);
3. the requirement that the department made
				reasonable efforts to prevent or eliminate the need for the child(ren)'s
				removal before taking custody of the child(ren); and
4. the subpoena process for obtaining
				compulsory attendance of witnesses at the continued custody hearing and the
				necessary steps to be taken in order to obtain a proper recordation of the
				proceedings.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1129 - Counsel's Duty of Preparation for Adjudication

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where appropriate, counsel should have the
				following materials available at the time of adjudication:
1. copies of all relevant documents filed in
				the case;
2. relevant documents
				prepared by investigators;
3.
				cross-examination plans for all possible prosecution witnesses;
4. direct examination plans for all
				prospective defense witnesses;
5.
				copies of defense subpoenas;
6.
				prior statements of all prosecution witnesses (e.g., transcripts, police
				reports) and counsel should have prepared transcripts of any audio or video
				taped witness statements;
7. prior
				statements of all defense witnesses;
8. reports from defense experts;
9. a list of all defense exhibits, and the
				witnesses through whom they will be introduced;
10. originals and copies of all documentary
				exhibits; and
11. copies of all
				relevant statutes and cases.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1131 - Right to Closed Proceedings (or a Cleared Courtroom)

Current through Register Vol. 50, No. 6, June 20, 2024
A. In accordance with La. Ch.C. Art. 407, the
				parent's attorney should be aware of who is in the courtroom during a hearing
				and should request the courtroom be cleared of individuals not related to the
				case when appropriate.
B. The
				attorney should be attuned to the client's comfort level with people outside of
				the case hearing about the client's family.
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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1133 - Preparation for Challenging the Prosecution's/ Agency's Case

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should
				attempt to anticipate weaknesses in the prosecution's case and consider
				researching and preparing corresponding motions to dismiss.
B. Counsel should consider the advantages and
				disadvantages of entering into factual stipulations concerning the
				prosecution's case.
C. In preparing
				for cross-examination, counsel 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, counsel should be prepared to question witnesses as to the
				existence of prior statements which they may have made or adopted.
D. In preparing for cross-examination,
				counsel should:
1. consider the need to
				integrate cross-examination, the theory of the defense and closing
				argument;
2. consider whether
				cross-examination of each of the individual witnesses is likely to generate
				helpful information;
3. anticipate
				those witnesses the prosecution might call in its case-in-chief or in
				rebuttal;
4. consider a
				cross-examination plan for each of the anticipated witnesses;
5. be alert to inconsistencies in a
				witnesses' testimony;
6. be alert
				to possible variations in witnesses' testimony;
7. review all prior statements of the
				witnesses and any prior relevant testimony of the prospective
				witnesses;
8. have prepared a
				transcript of all audio or video tape recorded statements made by the
				witnesses;
9. 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;
10. be alert to issues relating to witnesses'
				credibility, including bias and motive for testifying; and
11. have prepared, for introduction into
				evidence, all documents which 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.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1135 - Presenting the Respondent's Case

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should develop, in consultation with the client, an overall defense
				strategy. In deciding on defense strategy, counsel should consider whether the
				client's interests are best served by not putting on a defense case, and
				instead relying on the prosecution's failure to meet its burden of proving its
				case by a preponderance of the evidence.
B. Counsel should discuss with the client all
				of the considerations relevant to the client's decision to testify. Counsel
				should also be familiar with his or her ethical responsibilities that may be
				applicable if the client insists on testifying untruthfully. Counsel should
				explain to the client the constitutional right to not testify and weigh the
				value of doing so with the client.
C. In preparing for presentation of a defense
				case, counsel 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;
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; and
7. review all tangible evidence that must be
				presented.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1137 - Obligations of Counsel at Disposition Hearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel for a parent, regarding the
				disposition process, should:
1. where a
				respondent chooses not to proceed to adjudication, ensure that a stipulation
				agreement is negotiated with consideration of the dispositional
				implications;
2. ensure the client
				is not harmed by inaccurate information or information that is not properly
				before the court in determining the disposition;
3. ensure all reasonably available mitigating
				and favorable information, which is likely to benefit the client, is presented
				to the court; and
4. develop a plan
				which seeks to achieve the least restrictive and burdensome disposition that is
				most acceptable to the client, and which can reasonably be obtained based on
				the facts and circumstances of the case.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1139 - Preparation for Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. In
				preparing for disposition, counsel should consider the need to:
1. inform the client of the dispositional
				alternatives, and the likely and possible consequences of those
				alternatives;
2. maintain regular
				contact with the client prior to the disposition hearing, and inform the client
				of the steps being taken in preparation for same;
3. obtain from the client relevant
				information concerning such subjects as his or her background and personal
				history, prior criminal record, employment history and skills, education,
				medical history and condition, financial status, family obligations, and
				sources through which the information provided can be corroborated;
4. inform the client of his or her right to
				testify at the disposition hearing and assist the client in preparing the
				testimony, if any, to be made to the court, considering the possible
				consequences that any admission of guilt may have upon an appeal;
5. inform the client of the effects that
				admissions and other statements may have upon an appeal, termination of
				parental rights proceedings, or other judicial proceedings, such as criminal
				proceedings; and
6. collect
				documents and affidavits to support the defense position and, where relevant,
				prepare witnesses to testify at the disposition hearing; where necessary,
				counsel should specifically request the opportunity to present tangible and
				testimonial evidence.