La. Admin. Code tit. 22 § XV-1353

Current through Register Vol. 50, No. 11, November 20, 2024

Section XV-1353 - Child Client's Right to Speedy Trial

A. The attorney should be aware of and protect the child client's right to a speedy trial under the Children's Code and constitutional law, unless strategic considerations warrant otherwise. Requests or agreements to continue a contested hearing date should not be made without consultation with the child client. The attorney shall diligently work to complete the investigation and preparation in order to be fully prepared for all court proceedings. In the event an attorney finds it necessary to seek additional time to adequately prepare for a proceeding, the attorney should consult with the child client and discuss seeking a continuance of the upcoming proceeding. Whenever possible, written motions for continuance made in advance of the proceeding are preferable to oral requests for continuance. All requests for a continuance should be supported by well-articulated reasons on the record in the event it becomes an appealable issue.

B. If the child client's adjudication hearing is set outside the applicable time limitation, once the time delay lapses the attorney shall file a motion to dismiss the petition. If this motion is denied by the juvenile court, the attorney shall make an adequate record and seek supervisory review.

La. Admin. Code tit. 22, § XV-1353

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2607 (September 2011), Amended LR 45412 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148