La. Admin. Code tit. 22 § XV-2103

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

Section XV-2103 - Obligations of Defense Counsel

A. Since the representation of children facing a possible sentence of life without parole in adult court is a highly specialized area of legal practice, defense counsel should make extraordinary efforts on behalf of his or her client to ensure that trial proceedings "take into account how children are different, and how those differences counsel against irrevocably sentencing [children] to a lifetime in prison" [Miller v. Alabama, 132 S. Ct. 2455, 2469 (2012)] and that "[s]entences imposed without parole eligibility [are] reserved for the worst offenders and worst cases" [La. C.Cr.P. art. 878.1].

B. The primary and most fundamental obligation of the attorney representing a child facing a possible sentence of life without parole in adult court is to provide zealous and effective representation for his or her client at all stages of the process. The defense attorneys duty and responsibility is to promote and protect the expressed interests of the child. 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 court, and to properly document case files to reflect adherence to these standards.

C. To ensure the preservation, protection and promotion of the clients rights and interests, counsel should:

1. be proficient in the applicable state, federal, and international law substantive and procedural governing juvenile transfer, prosecution of juveniles in adult court, mitigation, sentencing, appeals, and state and federal post-conviction relief;

2. acquire and maintain appropriate experience, skills and training;

3. devote adequate time and resources to the case;

4. ensure that the defense team is appropriately staffed in accordance with these standards (see performance standard 2105, training and experience of defense counsel; performance standard 2107, resources and caseloads; and performance standard 2115, assembling the defense team);

5. engage in the preparation necessary for high quality representation;

6. endeavor to establish and maintain a relationship of trust and open communication with the client;

7. make accommodations where necessary due to a clients special circumstances, including but not limited to age and its attendant circumstances, incompetence, mental or physical disability/illness, language barriers, cultural differences, and/or circumstances of incarceration.

D. Counsel assigned in any case in which the client is a juvenile and life without parole (LWOP) is a possible punishment should, even if the prosecutor has not transferred the case to adult court and/or has not indicated that LWOP will be sought, begin preparation for the case as one in which LWOP will be sought while employing strategies to avoid transfer and/or have the case designated as non-LWOP. Even if the case has not been filed as an LWOP case, if there exists a reasonable possibility to believe that the case could be amended to an LWOP charge, counsel should be guided by these standards. In considering whether there is any reason to believe that the case could be amended, counsel should have regard to the nature of the allegations, the practice of the local prosecuting agency, statements by law enforcement and prosecutors, media and public sentiment and any political factors that may impact the charging decision.

E. The attorney who provides legal services for a juvenile owes the same duties of undivided loyalty, confidentiality and zealous representation to the child client as is due to an adult client. The attorneys personal opinion of the childs guilt is not relevant to the defense of the case.

F. A child facing LWOP retains all decision-making authority granted to an adult client. The clients rights to make important decisions is not diminished by the clients status as a child (see perf. standard 2113, allocation of authority between counsel and client).

G. The attorney should communicate with the child in a trauma-informed and developmentally and age-appropriate manner that will be effective, considering the childs maturity, intellectual ability, language, educational level, special education needs, cultural background, gender, and physical, mental and emotional health. If appropriate, the attorney should file a motion for funding to hire a foreign language or sign language interpreter to be present at the initial interview, all subsequent interviews and at all stages of the proceedings.

La. Admin. Code tit. 22, § XV-2103

Promulgated by the Office of the Governor, Public Defender Board, LR 431915 (10/1/2017).

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