Louisiana Administrative Code
Title 22 - CORRECTIONS, CRIMINAL JUSTICE AND LAW ENFORCEMENT
Part XV - Public Defender Board
Chapter 7 - Trial Court Performance Standards
Section XV-709 - Obligations of Counsel Regarding Pretrial Release
Universal Citation: LA Admin Code XV-709
Current through Register Vol. 50, No. 9, September 20, 2024
A. Counsel or a representative of counsel have an obligation to meet with incarcerated defendants within 72 hours of appointment, and shall take other prompt action necessary to provide quality representation including:
1. Counsel shall
invoke the protections of appropriate constitutional provisions, federal and
state laws, statutory provisions, and court rules on behalf of a client, and
revoke any waivers of these protections purportedly given by the client, as
soon as practicable via a notice of appearance or other pleading filed with the
state and court.
2. Where possible,
counsel shall represent an incarcerated client at the La.C.Cr.P. Art. 230.1
First Appearance hearing (County of Riverside v. McLaughlin,
500 U.S. 44 (1991)) in order to contest probable cause for a client arrested
without an arrest warrant, to seek bail on favorable terms (after taking into
consideration the adverse impact, if any, such efforts may have upon exercising
the client's right to a full pretrial release hearing at a later date), to
invoke constitutional and statutory protections on behalf of the client, and
otherwise advocate for the interests of the client.
B. Counsel has an obligation to attempt to secure the pretrial release of the client.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.
Disclaimer: These regulations may not be the most recent version. Louisiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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