La. Admin. Code tit. 22 § XV-2117

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

Section XV-2117 - Scope of Representation

A. Counsel should represent the client in the matter assigned from the time of assignment until relieved by the assignment of successor counsel or by order of the court.

B. Ordinarily, counsel representing a juvenile facing a life without parole sentence should assume responsibility for the representation of the client in all pending criminal and collateral proceedings involving the client where the favorable resolution of such an action is likely to be of significance to the juvenile life without parole case and for which counsel is adequately qualified and experienced. Counsel should represent the client in any new criminal proceeding arising during the course of the representation. Counsel should investigate and commence appellate or collateral proceedings regarding other criminal convictions or delinquency adjudications of the client where the favorable resolution of such an action is likely to be of significance to the juvenile life without parole case. Counsel shall have the discretion to assist incarcerated clients seeking redress of institutional grievances or responding to institutional proceedings and should do so where the resolution of the grievance or proceeding is likely to be of significance in the JLWOP proceeding.

C. Where it is not appropriate for counsel to assume the representation of the client in other proceedings due to a lack of appropriate experience or qualifications, a lack of sufficient resources or for other reasons, counsel should take all reasonable steps to ensure that appropriately qualified counsel is representing the client.

D. Counsel should maintain close communication with and seek the cooperation of counsel representing the client in any other proceeding to ensure that such representation does not prejudice the client in his JLWOP proceedings and is conducted in a manner that best serves the clients interests in light of the JLWOP proceedings.

E. Where counsels representation of a defendant is limited in its scope, lead counsel should ensure that the limitation is reasonable in the circumstances and obtain the clients informed consent to the limited scope of the representation. In obtaining informed consent, lead counsel should explain, in a trauma informed and age and developmentally appropriate manner, the exact limits of the scope of the representation, including both those purposes for which the client will and will not be represented. Where possible the agreement to provide representation that is limited in its scope should be communicated in writing.

La. Admin. Code tit. 22, § XV-2117

Promulgated by the Office of the Governor, Public Defender Board, LR 431921 (10/1/2017).

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