La. Admin. Code tit. 22 § XV-309

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

Section XV-309 - Certification Guidelines for Capital Post-Conviction Counsel

A. To be certified to serve as counsel for purposes of state post-conviction, an attorney shall satisfy the following minimum standards:

1. be familiar with the substantive law and the practice and procedure of the courts of Louisiana in the review of capital post-conviction applications;

2. be familiar with federal habeas corpus statutory law, practice and procedure, particularly including federal review of state capital post-conviction procedures;

3. be an experienced and active trial, appellate, or post-conviction practitioner with at least three years experience in the field of criminal defense; and

4. have prior experience within the last three years as counsel of record in a capital post-conviction application, in state or federal court, or at least one case where a sentence of death was imposed, demonstrating clear competence and diligence in the representation provided;

5. in cases in which applicants lack the requirements of Paragraphs 1-4 above, the chair of the board of the Louisiana Indigent Defense Assistance Board or Director of the Capital Post-Conviction Project of Louisiana may grant permission for that applicant to be certified.

La. Admin. Code tit. 22, § XV-309

Promulgated by the Office of the Governor, Louisiana Indigent Defense Assistance Board, LR 28:1203 (June 2002).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:149.1 and 15:151.2(E)-(F).