La. Admin. Code tit. 22 § XV-505

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

Section XV-505 - Monitoring and Removal of Certification of Capital Appellate and Post-Conviction Counsel

A. Attorneys certified by the Louisiana Indigent Defense Assistance Board within the guidelines of this rule shall be monitored to ensure eligibility.

1. An attorney who fails to maintain his or her status and educational requirements as defined in §305 above shall not be considered certified for purposes of appointment in capital cases, provided an attorney may seek re-certification once the criteria of that section are satisfied.

2. Where there is compelling evidence that an attorney has inexcusably ignored basic responsibilities of an effective lawyer, resulting in prejudice to an indigent client's case, the attorney shall not be considered certified for purposes of appointment in capital cases. In this instance, an attorney shall be given an opportunity to respond in writing to specific charges of ineffectiveness.

3. Representation of a capital client establishes an inviolable attorney-client relationship. Thus, an attorney's eligibility to represent an indigent client may not be reviewed, except by a court of proper jurisdiction, on the basis of conduct involving a case in which the attorney is presently actively representing the client.

4. An attorney decertified under this rule shall not be re-certified unless the decertification is shown to have been erroneous or it is established to the satisfaction of a majority of the board that the cause of the failure to meet basic responsibilities has been identified and corrected.

La. Admin. Code tit. 22, § XV-505

Promulgated by the Office of the Governor, Louisiana Indigent Defense Assistance Board, LR 28:1204 (June 2002).

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