La. Admin. Code tit. 22 § XV-901

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

Section XV-901 - Objective and Scope of Guidelines

A. Objective of the Guidelines and Performance Standards

1. The objective of these guidelines and associated performance standards is to create mandatory statewide guidelines and performance standards for the defense of capital cases as required by R.S. 15:148(B)(10) in order to ensure high quality legal representation for all persons facing the possible imposition or execution of a death sentence in a manner that is uniformly fair and consistent throughout the state.

2. The guidelines are principally intended to focus on the structure of capital defense service delivery. The associated performance standards are principally intended to focus on the tasks involved in the delivery of capital defense services by attorneys, investigators, mitigation specialists and supervisors.

3. These guidelines are intended to adopt and apply the guidelines for capital defense set out by the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, its associated Commentary and the Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases. In these guidelines, the ABA guidelines have been adapted and applied to meet the specific needs and legal requirements applicable in Louisiana while seeking to give effect to the intention and spirit of the ABA guidelines.

4. These guidelines and associated performance standards are intended to provide capital defenders and responsible agencies with specific guidance on the performance of their functions and to allow the state public defender and the Public Defender Board to more efficiently evaluate the delivery models and performance of the capital defense services provided throughout the state.

B. Scope of the Guidelines

1. These guidelines and associated performance standards apply from the moment the client is taken into custody and extend to all stages of every case in which the state may be entitled to seek the death penalty, including pre-indictment proceedings, the initial and ongoing investigation, pretrial proceedings, trial, motion for new trial, sentencing, the direct appeal, state and federal post-conviction review, clemency proceedings, and any connected litigation. The guidelines and performance standards also apply to any services rendered prior to the client being taken into custody, such as where counsel assists the client in surrendering.

2. Unless specifically mentioned, these guidelines shall apply only in the case of capital defendants who are eligible for public defender services. The word "defendant" is used broadly to describe the client at all stages of every case covered by these guidelines.

La. Admin. Code tit. 22, § XV-901

Promulgated by the Office of the Governor, Public Defender Board, LR 36:993 (May 2010).

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