La. Admin. Code tit. 22 § XV-1367

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

Section XV-1367 - Adjudication Preparation

A. Where appropriate, the attorney should have the following materials available at the time of trial:

1. copies of all relevant documents filed in the case;

2. relevant documents prepared by investigators;

3. outline or draft of opening statement;

4. cross-examination plans for all possible prosecution witnesses;

5. direct examination plans for all prospective defense witnesses;

6. copies of defense subpoenas;

7. prior statements of all prosecution witnesses (e.g., transcripts, police reports) and prepared transcripts of any audio or video taped witness statements;

8. prior statements of all defense witnesses;

9. reports from all experts;

10. a list of all defense exhibits, and the witnesses through whom they will be introduced;

11. originals and copies of all documentary exhibits;

12. copies of all relevant statutes and cases; and

13. outline or draft of closing argument.

B. The attorney should be fully informed as to the rules of evidence, court rules, and the law relating to all stages of the delinquency proceedings, and should be familiar with legal and evidentiary issues that can reasonably be anticipated to arise in the adjudication.

C. The attorney should decide if it is beneficial to secure an advance ruling on issues likely to arise at trial (e.g., use of prior adjudications to impeach the child client) and, where appropriate, the attorney should prepare motions and memoranda for such advance rulings.

D. The attorney should take steps to see that the adjudication hearing is conducted in a timely fashion consistent with the prescribed time limits in the Children's Code for conducting the hearing unless there are strategic reasons for not doing so, and should request appropriate relief for failure to follow the prescribed time limits.

E. Throughout the adjudication process, the attorney should endeavor to establish a proper record for appellate review. The attorney shall be familiar with the substantive and procedural law regarding the preservation of legal error for appellate review and should ensure that a sufficient record is made to preserve appropriate and potentially meritorious legal issues for such appellate review unless there are strategic reasons for not doing so.

F. Where necessary, the attorney should seek a court order to have the child client available for conferences.

G. Throughout preparation and adjudication, the attorney should consider the potential effects that particular actions may have upon sentencing if there is a finding of delinquency.

La. Admin. Code tit. 22, § XV-1367

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2609 (September 2011), Amended LR 45413 (3/1/2019).

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