reglab/statecodes huggingface dataset:
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-1141 - The Prosecution's Position at Disposition

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should attempt to determine,
				unless there is a sound tactical reason for not doing so, whether the
				prosecution/agency will advocate that a particular disposition be
				imposed.
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-1143 - The Disposition Process

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Counsel should be prepared at the disposition hearing to take the steps
				necessary to advocate fully for the requested disposition and to protect the
				client's interest.
B. In the event
				there will be disputed facts before the court at the disposition hearing,
				counsel should be prepared to present evidence, including testimony of
				witnesses, to contradict erroneous or misleading information unfavorable to the
				defendant.
C. Where information
				favorable to the defendant will be disputed or challenged, counsel should be
				prepared to present supporting evidence, including testimony of witnesses, to
				establish the facts favorable to the defendant.
D. Where appropriate, counsel should prepare
				the client to personally address the court.
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-1145 - Termination of Parental Rights Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel should be aware of and advise the
				client of the gravity and potential permanent effects of a termination of
				parental rights petition. A termination of parental rights ruling has a serious
				impact as the parent can lose all rights to visitation, custody, and contact
				with the child. Counsel should treat any termination hearings with the respect,
				dedication, and commitment such a serious matter deserves.
B. Counsel should meet or exceed the
				standards set forth below.
1. Preparation for
				termination of parental rights hearing:
a.
				where appropriate, counsel should have the following materials available at the
				time of the termination hearing:
i. copies of
				all relevant documents filed in the case;
ii. relevant documents prepared by
				investigators;
iii.
				cross-examination plans for all possible prosecution witnesses;
iv. direct examination plans for all
				prospective defense witnesses;
v.
				copies of defense subpoenas;
vi.
				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;
vii. prior statements of all defense
				witnesses;
viii. reports from
				defense experts;
ix. a list of all
				defense exhibits, and the witnesses through whom they will be
				introduced;
x. originals and copies
				of all documentary exhibits; and
xi. 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-1147 - Review Court Orders to Ensure Accuracy and Clarity and Review with Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. After any
				hearing, the parent's attorney should review the written order to ensure it
				reflects the court's verbal order.
B. If the order is incorrect, the attorney
				should take whatever steps are necessary to correct it.
C. Once the order is final, the parent's
				attorney should provide the client with a copy of the order and should review
				the order with the client to ensure the client understands it. If the client is
				unhappy with the order, the attorney should counsel the client about any
				options to appeal or request rehearing on the order, but should explain that
				the order is in effect unless a stay or other relief is secured. The attorney
				should counsel the client on the potential consequences of failing to comply
				with a court order.
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-1149 - Motion for Rehearing

Current through Register Vol. 50, No. 6, June 20, 2024
A. Counsel
				should be familiar with the procedures available to request a rehearing
				including the time period for filing such a motion, the effect it has upon the
				time to file a notice of appeal, and the grounds that can be raised.
B. When the court has adjudicated the subject
				child(ren) a child in need of care or has ordered a termination of parental
				rights, counsel should consider whether it is appropriate to file a motion for
				rehearing with the trial court. In deciding whether to file such a motion, the
				factors counsel should consider include:
1.
				the likelihood of success of the motion, given the nature of the error or
				errors that can be raised; and
2.
				the effect that such a motion might have upon the respondent's appellate
				rights, including whether the filing of such a motion is necessary to, or will
				assist in, preserving the respondent's right to raise on appeal the issues that
				might be raised in the new trial motion.
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-1151 - Take Reasonable Steps to Ensure the Client Complies with Court Orders

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parent's
				attorney should answer the parent's questions about obligations under the order
				and periodically check with the client to determine the client's progress in
				implementing the order.
B. If the
				client is attempting to comply with the order but other parties, such as the
				child welfare agency, are not meeting their responsibilities, the parent's
				attorney should approach the other party and seek assistance on behalf of the
				client.
C. If necessary, the
				attorney should bring the case back to court to review the order and the other
				party's noncompliance or take other steps to ensure that appropriate social
				services are available 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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1153 - Consider and Discuss the Possibility of Appeal with the Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parent's
				attorney should consider and discuss with the client the possibility of appeal
				when a court's ruling is contrary to the client's position or
				interests.
B. The attorney should
				counsel the client on the likelihood of success on appeal and potential
				consequences of an appeal.
C. The
				attorney shall also comply with all ethical rules and rules of courts of appeal
				concerning the attorney's determination that there is a reasonable basis for
				the appeal.
D. Depending on rules
				in the attorney's jurisdiction, the attorney should also consider filing an
				extraordinary writ or motions for other post-hearing relief.
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-1155 - Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. If the client
				decides to appeal, counsel should timely and thoroughly file the necessary
				post-hearing motions and paperwork related to the appeal and closely follow the
				jurisdiction's rules of appellate procedure.
B. The appellate brief should be clear,
				concise, and comprehensive and also timely filed. The brief should reflect all
				relevant case law and present the best legal arguments available in state and
				federal law for the client's position. The brief should include novel legal
				arguments if there is a chance of developing favorable law in support of the
				parent's position.
C. If oral
				arguments are scheduled, the attorney should be prepared, organized, and
				direct. Appellate counsel should inform the client of the date, time and place
				scheduled for oral argument of the appeal upon receiving notice from the
				appellate court. Oral argument of the appeal on behalf of the client should not
				be waived, absent the express approval of the client, unless doing so would
				benefit 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 11 - Trial Court Performance Standards for Attorneys Representing Parents in Child in Need of Care Cases › Section XV-1157 - Expedited Appeals

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should request an expedited appeal, when feasible, and file all necessary
				paperwork while the appeal is pending.
B. The attorney should provide information
				about why the case should be expedited, such as any special characteristics
				about the child and why delay would harm the relationship between the parent
				and child.
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-1159 - Communication with Client Pending and After Appeal

Current through Register Vol. 50, No. 6, June 20, 2024
A. The parent's attorney should communicate
				the result of the appeal and its implications.
B. The parent's attorney should provide the
				client with a copy of the appellate decision.
C. If, as a result of the appeal, the
				attorney needs to file any motions with the trial court, the attorney should do
				so.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1301 - Purpose

Current through Register Vol. 50, No. 6, June 20, 2024
A. The Standards
				for Attorneys Representing Children in Delinquency Proceedings 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 children in delinquency
				proceedings.
B. The standards are
				also intended to alert defense counsel to courses of action that 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 that 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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1303 - Obligations of Defense Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				primary and most fundamental obligation of the attorney representing a child
				client in a delinquency 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
				child 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 the Court, and to properly document case files to reflect
				adherence to these standards.
B.
				The attorney who provides legal services for a child client owes the same
				duties of undivided loyalty, confidentiality and zealous representation to the
				child client as is due to an adult client. The attorney's personal opinion of
				the child client's guilt is not relevant to the defense of the case.
C. The attorney should communicate with the
				child client in a manner that will be effective, considering the child client's
				maturity, intellectual ability, language, educational level, special education
				needs, cultural background, gender, and physical, mental and emotional health.
				If appropriate, the attorney shall file a motion to have a foreign language or
				sign language interpreter appointed by the court and present at the initial
				interview and at all stages of the proceedings.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1305 - Child Client's Expressed Preferences

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney shall represent the child
				client's expressed preferences and follow the child client's direction
				throughout the course of litigation. In addition, the attorney has a
				responsibility to counsel the child client and advise the client as to
				potential outcomes of various courses of action. The attorney shall refrain
				from substitution of his or her own view or the parents' wishes for the
				position of the child client. The use of the word
parent
hereafter refers to the parent, guardian, custodial adult or person assuming
				legal responsibility for the juvenile.
B. Considerations of personal and
				professional advantage or convenience should not influence counsel's advice or
				performance.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1307 - Allocation of Authority between Child Client and Attorney

Current through Register Vol. 50, No. 6, June 20, 2024
A.Certain decisions relating to the conduct
				of the case are ultimately for the child client and other decisions are
				ultimately for the attorney. The child client, after full consultation with
				counsel, is ordinarily responsible for determining:
1. whether to admit or deny the charges in
				the petition;
2. whether to accept
				a plea agreement;
3. whether to
				participate in a diversionary program;
4. whether to testify on his or her own
				behalf; and
5. whether to
				appeal.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1308 - Scope and Continuity of Representation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should consult with the child
				client and provide representation at the earliest stage of proceedings possible
				and, whenever possible, the same attorney should continue representing the
				child client through case closure, including in the post-disposition phase of
				proceedings. Whenever possible, the same attorney who represented a child
				client in a previous petition or matter should be assigned to represent the
				same child client in subsequent petitions.
B. The attorney should engage in holistic
				advocacy to the extent possible by counseling, advocating for or representing
				the child client in ancillary matters outside the delinquency system involving
				issues such as educational, mental health, or public benefits rights that may
				have a direct or indirect impact on the outcome of the delinquency proceedings.
				When direct advocacy is not possible due to a lack of expertise, time or other
				resources, counsel should attempt to refer the child client to qualified
				advocates specializing in those ancillary matters if doing so is in keeping
				with the child client's expressed interests, and strategically does not
				jeopardize confidentiality or otherwise do harm to the child client's goals of
				representation.
C. The attorney
				should consider engaging the services of a diverse defense team including a
				social service practitioner to assess the client's and the client's family's
				social service needs, to counsel the child client, and to plan and coordinate
				services that will advance the child client's express interests in the case.
				Social service practitioners may be beneficial in presenting alternatives to
				detention, negotiating access to diversionary programs, presenting alternatives
				to custodial or probationary dispositions, modifying dispositions, and
				preventing recidivism.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1309 - Basic Competency in Juvenile Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. Before agreeing to defend a child client,
				an attorney has an obligation to make sure that he or she has sufficient time,
				resources, knowledge and experience to offer quality representation to the
				child client. Before an attorney defends a child client, the attorney should
				observe juvenile court, including every stage of a delinquency proceeding, and
				have a working knowledge of juvenile law and practice.
B. Prior to representing a child client, at a
				minimum, the attorney should receive training or be knowledgeable in the
				following areas:
1. relevant federal and state
				statutes, court decisions and the Louisiana court rules, including but not
				limited to:
a. Louisiana Children's Code and
				Code of Criminal Procedure;
b.
				Louisiana statutory chapters defining criminal offenses;
c. Louisiana Rules of Evidence;
d. Individuals with Disabilities Education
				Act (IDEA),  20 U.S.C. §
												1400  et seq
.
;
e. The Prison Rape Elimination Act of 2003,
				42
				U.S.C. §
												15601 et seq.;
f. Prison Rape Elimination Act National
				Standa28 C.F.R. § rds,
				115.5 et seq.;
g. state laws concerning privilege and
				confidentiality, public benefits, education and disabilities;
h. state laws and rules of professional
				responsibility or other relevant ethics standards; and
i. the Uniform Rules of the Courts of Appeal
				and any applicable local appellate rules.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1311 - Basic Obligations

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney should obtain copies of all pleadings and relevant notices.
B. The attorney shall participate in all
				negotiations, discovery, pre-adjudication conferences, and hearings.
C. The attorney should confer with the
				juvenile within 48 hours of being appointed and prior to every court appearance
				to counsel the child client concerning the subject matter of the litigation,
				the child client's rights, the court system, the proceedings, the lawyer's
				role, and what to expect in the legal process.
D. The attorney should promptly inform the
				child client of his or her rights and pursue any investigatory or procedural
				steps necessary to protect the child client's interests throughout the
				process.
E. Upon initial review of
				the petition and initial communication with the client, the attorney should
				determine whether legal issues exist that warrant the filing of pretrial
				motions and file appropriate pleadings.
F. The attorney should refrain from waiving
				substantial rights or making stipulations that are inconsistent with the child
				client's expressed interests.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1313 - Conflicts of Interest

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				shall be alert to all potential and actual conflicts of interest that would
				impair his or her ability to represent a child client. Loyalty and independent
				judgment are essential elements in the lawyer's relationship to a child client.
				Conflicts of interest can arise from the lawyer's responsibilities to another
				client, a former client or a third person, or from the lawyer's own interests.
				Each potential conflict shall be evaluated with the Louisiana Rules of
				Professional Conduct, particular facts and circumstances of the case, and the
				child client in mind. Where appropriate, attorneys may be obligated to contact
				the Office of Disciplinary Counsel to seek an advisory opinion on any potential
				conflicts.
B. Co-defendants are
				presumed to have a conflict of interest. Representation of co-defendants where
				the representation of one client will be directly adverse to another client, or
				there is a significant risk that the representation of one or more clients will
				be materially limited by the lawyer's responsibilities to another client, a
				former client or a third person or by a personal interest of the lawyer is a
				per seviolation of the constitutional guarantee of effective assistance of
				counsel and the Louisiana Rules of Professional Conduct.
C. The attorney's obligation is to the child
				client. An attorney should not permit a parent or custodian to direct the
				representation. The attorney should not share information unless disclosure of
				such information has been approved by the child client. With the child client's
				permission, the attorney should maintain rapport with the child client's parent
				or guardian but should not allow that rapport to interfere with the attorney's
				duties to the child client or the expressed interests of the child client.
				Where there are conflicts of interests or opinions between the client and the
				client's parent or custodian, the attorney should not discuss the case with
				parents and shall not represent the views of a parent that are contrary to the
				child client's wishes.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1315 - Client Communications

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney shall keep the child client informed of the developments in the case
				and the progress of preparing the defense and should promptly comply with all
				reasonable requests for information.
B. Where the attorney is unable to
				communicate with the child client or his or her guardian because of language
				differences, the attorney shall take whatever steps are necessary to ensure
				that he or she is able to communicate with the client and that the client is
				able to communicate his or her understanding of the proceedings. Such steps
				should, if necessary and appropriate, include obtaining funds for an
				interpreter to assist with pre-adjudication preparation, interviews, and
				investigation, as well as in-court proceedings.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1318 - Confidentiality of Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The
				attorney should be familiar with the rules pertaining to the closure of
				proceedings. If necessary to protect the client's interests, an attorney shall
				ensure that any juvenile proceeding which is meant to be closed to the public
				remains so and, if necessary, shall request that the court order the courtroom
				cleared of any unnecessary individuals.
B. In cases where delinquency proceedings are
				public, to protect the confidential and sometimes embarrassing information
				involved, the attorney, in consultation with the child client, should move to
				close the proceedings or request the case to be called last on the docket when
				the courtroom is empty.
C. The
				media may report on certain delinquency cases. If a decision is made to speak
				to the media, the attorney should be cautious due to confidentiality, other
				Rules of Professional Conduct, the potential for inaccurate reporting and
				strategic considerations. The attorney representing a child client before the
				juvenile court should avoid personal publicity connected with the case, both
				during adjudication and thereafter.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1319 - Case File

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney has
				the obligation to ensure that the case file is properly documented to
				demonstrate adherence to these standards, such as, where relevant,
				documentation of intake and contact information, client and witness interviews,
				critical deadlines, motions, and any other relevant information regarding the
				case. The case file should also contain, where relevant, copies of all
				pleadings, orders, releases (school, medical, mental health, or other types),
				discovery, and correspondence associated with the case.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1321 - Continuity of Representation (Repealed)

Current through Register Vol. 50, No. 6, June 20, 2024
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1323 - Stand-in Counsel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Any attorney
				appointed to stand in for another at any delinquency proceeding shall:
1. represent the child zealously as if the
				child is his or her own client;
2.
				request continuances if asked to conduct contradictory hearings or contested
				summary hearings for which the stand-in counsel is unprepared or for which the
				client has not consented to having stand-in counsel in place of regular
				counsel, and object on the record to holding such hearing;
3. ensure that the child knows how to contact
				stand-in counsel in case the child does not hear from the attorney of
				record;
4. immediately communicate
				with the attorney of record regarding upcoming dates/hearings, how to contact
				the child, placement of the child, nature of charges, and other timely issues
				that the attorney of record may need to know or address; and
5. immediately or within a reasonable time
				thereafter provide to the child's attorney of record all notes, documents, and
				any discovery received.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1325 - Caseloads

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should not have such a large number of cases that he or she is unable to comply
				with these guidelines and the Louisiana Rules of Professional Conduct. Before
				agreeing to act as the attorney or accepting appointment by a court, the
				attorney has an obligation to make sure that he or she has sufficient time,
				resources, knowledge, and experience to offer quality legal services in a
				particular matter. If, after accepting an appointment, it later appears that
				the attorney is unable to offer effective representation, the attorney should
				consider appropriate case law and ethical standards in deciding whether to move
				to withdraw or take other appropriate action.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1327 - State Social Work and Probation Personnel

Current through Register Vol. 50, No. 6, June 20, 2024
A. Attorneys should cooperate with social
				workers and probation personnel and should instruct the client to do so, except
				to the extent such cooperation is or will likely become inconsistent with
				protection of the client's legitimate interests in the proceeding or of any
				other rights of the client under the law.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1329 - Detention

Current through Register Vol. 50, No. 6, June 20, 2024
A. For purposes of
				appointment of counsel, children are presumed to be indigent. The attorney
				shall meet with a detained child client within 48 hours of notice of
				appointment or before the continued custody hearing, whichever is earlier, and
				shall take other prompt action necessary to provide quality representation,
				including:
1. personally reviewing the
				well-being of the child client and the conditions of the facility, and
				ascertaining the need for any medical or mental health treatment;
2. ascertaining whether the child client was
				arrested pursuant to a warrant or a timely determination of probable cause by a
				judicial officer;
3. making a
				motion for the release of the child client where no determination of probable
				cause has been made by a judicial officer within 48 hours of arrest or where
				the child client is held for on misdemeanor allegations committed before the
				age of 13; and
4. invoking the
				protections of appropriate constitutional provisions, federal and state laws,
				statutory provisions, and court rules on behalf of the child client, and
				revoking any waivers of these protections purportedly given by the child
				client, as soon as practicable via a notice of appearance or other pleading
				filed with the state and court.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1331 - Initial Interview with Child Client

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should conduct a client
				interview as soon as practicable in order to obtain the information necessary
				to provide quality representation at the early stages of the case and to
				provide the child client with information concerning the representation and the
				case proceedings. Establishing and maintaining a relationship with the child
				client is the foundation of quality representation. Irrespective of the child
				client's age, the attorney should consult with the child client well before
				each court hearing. The attorney shall explain to the client how to contact the
				attorney and should promptly comply with child client's requests for contact
				and assistance.
B. A meeting or
				conversation conducted in a hallway or holding cell at the courthouse is not a
				substitute for a thorough interview conducted in private and may waive
				confidentiality.
C. Prior to
				conducting the initial interview, the attorney should, where possible:
1. be familiar with the elements of the
				offense(s) and the potential punishment(s), where the charges against the
				client are already known;
2. obtain
				copies of any relevant documents that are available, including copies of any
				charging documents, recommendations and reports concerning pre-adjudication
				release, and law enforcement reports that might be available;
3. request mental health, juvenile assessment
				center, detention center or educational records, including any screenings or
				assessments, that may help in the initial interview with the client;
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1333 - Transfer to Adult Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				The attorney shall be familiar with laws subjecting a child client to the
				exclusive jurisdiction of a court exercising criminal jurisdiction, including
				the offenses subjecting the child client to such jurisdiction. Counsel should
				seek to discover at the earliest opportunity whether transfer will be sought
				and, if so, the procedure and criteria according to which that determination
				will be made.
B. Upon learning that
				transfer will be sought or may be elected, the attorney should fully explain
				the nature of the proceeding and the consequences of transfer to the child
				client and the child client's parents. In so doing, counsel may further advise
				the child client concerning participation in diagnostic and treatment programs
				that may provide information material to the transfer decision.
C. The attorney should be aware when an
				indictment may be filed directly in adult court by a district attorney and take
				actions to prevent such a filing including:
1. promptly investigating all circumstances
				of the case bearing on the appropriateness of filing the case in adult court
				and seeking disclosure of any reports or other evidence that the district
				attorney is using in his or her consideration of a direct filing;
2. moving promptly for appointment of an
				investigator or expert witness to aid in the preparation of the defense when
				circumstances warrant; and
3. where
				appropriate, moving promptly for the appointment of a competency or sanity
				commission prior to the transfer.
Louisiana Administrative Code › Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT › Part XV - Public Defender Board › Chapter 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1335 - Mental Health Examinations

Current through Register Vol. 50, No. 6, June 20, 2024
A.
				Throughout a delinquency proceeding, either party may request or the judge may
				order a mental health examination of the child client. Admissions made during
				such examinations may not protected from disclosure. The attorney should ensure
				the child client understands the consequences of admissions during such
				examinations and advise the client that personal information about the child
				client or the child client's family may be revealed to the court or other
				personnel.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1337 - Mental Incapacity to Proceed

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should be familiar with
				procedures for a determination of mental incapacity to proceed under the
				Louisiana Children's Code and other provisions of Louisiana law.
B. Although the client's expressed interests
				ordinarily control, the attorney should question capacity to proceed without
				the child client's approval or over the child client's objection, if
				necessary.
C. If, at any time, the
				child client's behavior or mental ability indicates that he or she may be
				incompetent, the attorney should consider filing a motion for a competency
				commission.
D. The attorney should
				prepare for and participate fully in the competency hearing.
E. Prior to the evaluation by the commission,
				the attorney should request from the child client and provide to the commission
				all relevant documents including but not limited to the arrest report, prior
				psychological/psychiatric evaluations, school records and any other important
				medical records.
F. Where
				appropriate, the attorney should advise the client of the potential
				consequences of a finding of incompetence. Prior to any proceeding, the
				attorney should be familiar with all aspects of the evaluation and should seek
				additional expert advice where appropriate. If the competency commission's
				finding is that the child client is competent, where appropriate, the attorney
				should consider calling an independent mental health expert to testify at the
				competency hearing.
G. The attorney
				should be aware that the burden of proof is on the child client to prove
				incompetency and that the standard of proof is a preponderance of the
				evidence.
H. If the child client is
				found incompetent, the attorney should continue to represent the child client's
				expressed interest until the matter is resolved.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1339 - Insanity

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should be familiar with the procedures for determination of sanity at the time
				of the offense and notice requirements under the Louisiana Children's Code and
				other provisions of Louisiana law when proceeding with an insanity
				defense.
B. If the attorney
				believes that the child client did not appreciate the consequences of his or
				her actions at the time of the offense, the attorney should consider filing for
				a sanity commission.
C. The
				attorney should advise the child client that if he or she is found not
				delinquent by reason of insanity, the court may involuntarily commit the child
				client to the Department of Health for treatment. The attorney should be
				prepared to advocate on behalf of the child client against involuntary
				commitment and provide other treatment options such as outpatient counseling or
				services.
D. The attorney should be
				prepared to raise the issue of sanity during all phases of the proceedings, if
				the attorney's relationship with the child client reveals that such a plea is
				appropriate.
E. The attorney should
				be aware that the child client has the burden of establishing the defense of
				insanity at the time of the offense by a preponderance of the
				evidence.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1341 - Manifestation of a Disability

Current through Register Vol. 50, No. 6, June 20, 2024
A. Where
				the child client's actions that are the subject of the delinquency charge
				suggest a manifestation of a disability, the attorney should argue that the
				disability prevented the client from having the mental capacity or specific
				intent to commit the crime. Where appropriate, for school-based offenses, the
				attorney should argue that that the school did not follow the child client's
				individual education program, which could have prevented the client's behavior.
				The attorney should seek a judgment of dismissal or a finding that the juvenile
				is not delinquent. This information may also be used for mitigation at the time
				of disposition following a plea or a finding of delinquency.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1343 - Ensure Official Recording of Court Proceedings

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney should take all necessary
				steps to ensure a full official recording of all aspects of the court
				proceedings.
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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1345 - Investigation

Current through Register Vol. 50, No. 6, June 20, 2024
A. The child
				client's attorney shall conduct a prompt and diligent independent case
				investigation. The child client's admissions of responsibility or other
				statements to counsel do not obviate the need for investigation.
B. The attorney should ensure that the
				charges and disposition are factually and legally correct and the child client
				is aware of potential defenses to the charges.
C. The attorney should examine all charging
				documents to determine the specific charges that have been brought against the
				child client, including the arrest warrant, accusation and/or indictment
				documents, and copies of all charging documents in the case. The relevant
				statutes and precedents should be examined to identify the elements of the
				offense(s) with which the child client is charged, both the ordinary and
				affirmative defenses that may be available, any lesser included offenses that
				may be available, and any defects in the charging documents, constitutional or
				otherwise, such as statute of limitations or double jeopardy.
D. The attorney should seek investigators and
				experts, as needed, to assist the attorney in the preparation of a defense, in
				the understanding of the prosecution's case, or in the rebuttal of the
				prosecution's case. The attorney should avoid making herself the sole witness
				to information he or she anticipates introducing or needing to rebut at
				trial.
E. Where circumstances
				appear to warrant it, the lawyer should also investigate resources and services
				available in the community and, if appropriate, recommend them to the child
				client and child 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 13 - Trial Court Performance Standards for Attorneys Representing Children in Delinquency-Detention through Adjudication › Section XV-1347 - Diversion/Alternatives

Current through Register Vol. 50, No. 6, June 20, 2024
A. The attorney
				should be familiar with diversionary programs and alternative solutions
				available in the community. Such programs may include diversion, mediation, or
				other alternatives that could result in a child client's case being dismissed
				or handled informally. When appropriate and available, the attorney shall
				advocate for the use of informal mechanisms that could divert the client's case
				from the formal court process.
AUTHORITY NOTE:
				  Promulgated in accordance with
				  R.S.
				  15:148