La. Admin. Code tit. 22 § XV-709
Current through Register Vol. 50, No. 11, November 20, 2024
Section XV-709 - Obligations of Counsel Regarding Pretrial ReleaseA. Counsel or a representative of counsel have an obligation to meet with incarcerated defendants within 72 hours of appointment, and shall take other prompt action necessary to provide quality representation including: 1. Counsel shall invoke the protections of appropriate constitutional provisions, federal and state laws, statutory provisions, and court rules on behalf of a client, and revoke any waivers of these protections purportedly given by the client, as soon as practicable via a notice of appearance or other pleading filed with the state and court.2. Where possible, counsel shall represent an incarcerated client at the La.C.Cr.P. Art. 230.1 First Appearance hearing (County of Riverside v. McLaughlin, 500 U.S. 44 (1991)) in order to contest probable cause for a client arrested without an arrest warrant, to seek bail on favorable terms (after taking into consideration the adverse impact, if any, such efforts may have upon exercising the client's right to a full pretrial release hearing at a later date), to invoke constitutional and statutory protections on behalf of the client, and otherwise advocate for the interests of the client.B. Counsel has an obligation to attempt to secure the pretrial release of the client.La. Admin. Code tit. 22, § XV-709
Promulgated by the Office of the Governor, Public Defender Board, LR 35:664 (April 2009).AUTHORITY NOTE: Promulgated in accordance with R.S. 15:142, 147 and 148.