La. Admin. Code tit. 22 § XV-1129

Current through Register Vol. 50, No. 9, September 20, 2024

Section XV-1129 - Counsel's Duty of Preparation for Adjudication

A. Where appropriate, counsel should have the following materials available at the time of adjudication:

1. copies of all relevant documents filed in the case;

2. relevant documents prepared by investigators;

3. cross-examination plans for all possible prosecution witnesses;

4. direct examination plans for all prospective defense witnesses;

5. copies of defense subpoenas;

6. prior statements of all prosecution witnesses (e.g., transcripts, police reports) and counsel should have prepared transcripts of any audio or video taped witness statements;

7. prior statements of all defense witnesses;

8. reports from defense experts;

9. a list of all defense exhibits, and the witnesses through whom they will be introduced;

10. originals and copies of all documentary exhibits; and

11. copies of all relevant statutes and cases.

B. Counsel should be fully informed as to the rules of evidence, court rules, and the law relating to all stages of the adjudication process, and should be familiar with legal and evidentiary issues that can reasonably be anticipated to arise at adjudication.

C. Counsel should request the opportunity to make opening and closing arguments. When permitted by the judge, counsel should make opening and closing arguments to best present the theory of the case.

D. Counsel should decide if it is beneficial to secure an advance ruling on issues likely to arise at trial (e.g., use of prior convictions to impeach the defendant) and, where appropriate, counsel should prepare motions and memoranda for such advance rulings.

E. Throughout the adjudication process counsel should endeavor to establish a proper record for appellate review. Counsel shall be familiar with the substantive and procedural law regarding the preservation of legal error for appellate review, and should insure that a sufficient record is made to preserve appropriate and potentially meritorious legal issues for such appellate review unless there are strategic reasons for not doing so.

F. Where appropriate, counsel should advise the client as to suitable courtroom dress and demeanor. If the client is incarcerated, if necessary, counsel should consider filing pre-trial motions to insure that the client has appropriate clothing.

G. Counsel should plan with the client the most convenient system for conferring throughout the adjudication hearing. Where necessary, counsel should seek a court order to have the client available for conferences.

H. Counsel should prepare proposed findings of fact, conclusions of law, and orders when they will be used in the court's decision or may otherwise benefit the client.

I . Counsel shall take necessary steps to insure full official recordation of all aspects of the court proceeding.

La. Admin. Code tit. 22, § XV-1129

Promulgated by the Office of the Governor, Public Defender Board, LR 37:327 (January 2011).

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