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
Universal Citation: LA Admin Code XV-913
Current through Register Vol. 50, No. 9, September 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.
B. Expert, Investigative and Other Ancillary Professional Services
1. Counsel shall have
access to the assistance of all expert, investigative, and other ancillary
professional services reasonably necessary or appropriate to provide high
quality legal representation at every stage of the proceedings.
2. The state public defender shall provide
funds for the assistance of experts, including mitigation specialists, and
extraordinary investigative services. Such services will be provided by persons
independent of the government and confidentiality of communications with the
persons providing such services is to be maintained throughout the funding
process. Funds for ordinary investigative services will be provided by the
district public defender unless responsibility for the case under
§905 is vested in the state public
defender.
C. Defendants with Retained or Pro Bono Counsel
1. A
capital defendant who is eligible for public defender services under
§909 is entitled to public funds for the
minimum components of a defense team and expert, investigative and other
ancillary services notwithstanding that he or she has retained or pro bono
counsel.
2. In such a case the
district public defender, regional director or state public defender, as
appropriate, shall be responsible for supplementing existing services available
to the defendant to meet the requirements of this Section.
3. In such a case, the district public
defender, regional director or state public defender, as appropriate, shall be
responsible for ensuring that the capital defendant receives high quality legal
representation in his or her capital case. In the absence of specific agreement
with the district public defender, regional director or state public defender,
counsel assigned to the case shall operate as lead counsel.
4. If a retained attorney becomes unable to
continue representing a capital defendant because the defendant or any third
party cannot fulfill the terms of the financial agreement between the attorney
and the defendant or any third party, that attorney is not eligible to be
appointed to represent the defendant.
AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148.
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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