La. Admin. Code tit. 22 § XV-2107

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

Section XV-2107 - Resources and Caseloads

A. Counsel should not accept assignment to represent a juvenile facing life without parole unless he or she has available sufficient resources to offer high quality legal representation to the client in the particular matter, including adequate funding, investigative services, mitigation services, support staff, office space, equipment, research tools and access to expert assistance.

B. In assessing whether counsel has sufficient resources to accept an appointment, counsel should adhere to these standards as well as the case load standards set out by the Public Defender Board.

C. If, after being assigned a case, counsel discovers that he or she does not have available sufficient resources, then counsel should demand on behalf of the client all resources necessary to provide high quality legal representation. Counsel should seek necessary resources from all available sources, including litigating for those resources or for appropriate relief should the resources not be made available. Counsel should document in the file the resources he or she believes are needed and any attempts to obtain those resources. Counsel should create an adequate record in court to allow a full review of the denial of necessary resources or the failure to provide appropriate relief. Counsel should consider appropriate case law and ethical standards in deciding whether to move to withdraw or take other appropriate action.

D. Counsel should maintain compliance with all applicable caseload and workload standards. When counsel's workload is such that counsel is unable to provide each client with high quality legal representation in accordance with these performance standards, counsel should exhaust all avenues for reasonable resolution. If the excessive workload issue is not resolved, counsel should move to withdraw from the case or cases in which representation of a juvenile facing life without parole in compliance with these performance standards cannot be provided.

E. Counsel should never give preference to retained clients over indigent clients and should give priority to Miller cases over other cases.

La. Admin. Code tit. 22, § XV-2107

Promulgated by the Office of the Governor, Public Defender Board, LR 431917 (10/1/2017).

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