La. Admin. Code tit. 22 § XV-2105

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

Section XV-2105 - Training and Experience of Defense Counsel

A. Before agreeing to defend a juvenile facing a possible life without parole sentence in adult court, an attorney has an obligation to make sure that he or she has sufficient time, resources, knowledge and experience to offer zealous and high quality legal representation.

B. Counsel should have a mastery of any substantive criminal law and laws of juvenile and criminal procedure that may be relevant to counsels representation, including ethical obligations for juvenile representation, adolescent development, juvenile transfer, obligations for juvenile representation in adult court (including these standards), mitigation, the process for sentencing juveniles facing life without parole, appeals and state and federal post-conviction. Counsel should also be familiar with the prevailing customs or practices of the relevant court and the policies and practices of the prosecuting agency.

C. Prior to representing a juvenile facing a possible life without parole sentence, at a minimum, counsel should have sufficient experience or training to provide high quality representation.

1. At least one attorney must have specialized training and relevant substantive experience representing child clients and shall annually complete at least six hours of training relevant to the representation of juveniles. In particular, at least one attorney must have experience interviewing and communicating with child clients in a trauma-informed and developmentally and age-appropriate manner. Additional training may include, but is not limited to:

a. adolescent mental health diagnoses and treatment, including the use of psychotropic medications;

b. how to read a psychological or psychiatric evaluation and how to use these in motions, including but not limited to, those involving issues of consent and competency relating to Miranda warnings, searches and waivers;

c. normal childhood development (including brain development), developmental delays and intellectual disability;

d. educational rights, including special educational rights and services and how to access and interpret school records and how to use them in motions, including but not limited to, those related to consent and competency issues;

e. immigration issues regarding children;

f. gang involvement and activity;

g. factors leading children to delinquent behavior.

2. At least one attorney must have specialized training and relevant substantive experience representing individuals charged with homicide offenses in adult court, including, but not limited to, the investigation and presentation of sentencing mitigation. When possible, one attorney should have experience investigating and presenting death penalty mitigation at a capital sentencing hearing. Additional training may include, but is not limited to:

a. identifying, documenting and interpreting symptoms of mental and behavioral impairment, including cognitive deficits, mental illness, developmental disability, neurological deficits;

b. long-term consequences of deprivation, neglect and maltreatment during developmental years;

c. social, cultural, historical, political, religious, racial, environmental and ethnic influences on behavior;

d. effects of substance abuse;

e. the presence, severity and consequences of exposure to trauma;

f. sensitivity to issues of sexual orientation and gender identity;

g. identifying, developing and documenting institutional mitigation.

D. If, after being assigned a case, counsel finds that the case involves particular issues or procedures in which counsel does not have the experience or training necessary to provide high quality legal representation, counsel should acquire the necessary knowledge or skills or request resources for another attorney to provide such services.

E. In providing high quality representation, counsel should consult with and take advantage of the skills and experience of other members of the criminal defense community, juvenile defenders and certified capital defenders.

F. Defense counsel should complete a comprehensive training program in the defense of juvenile life without parole cases as required by these guidelines. Counsel should, on an ongoing basis, attend and successfully complete specialized training programs in the defense of juveniles facing life without parole sentences. In addition to specific training, counsel should stay abreast of changes and developments in the law and other matters relevant to the defense of juveniles facing life without parole sentences.

G. As a component of acquiring and maintaining adequate training, counsel should consult with other attorneys to acquire knowledge and familiarity with all facets of criminal representation, including information about practices of judges, prosecutors, and other court personnel. More experienced counsel should offer to mentor less experienced attorneys.

H. If personal matters make it impossible for defense counsel to fulfill the duty of zealous representation, he or she has a duty to refrain from representing the client. If it later appears that counsel is unable to offer effective representation in the case, counsel should move to withdraw.

La. Admin. Code tit. 22, § XV-2105

Promulgated by the Office of the Governor, Public Defender Board, LR 431916 (10/1/2017).

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