La. Admin. Code tit. 22 § XV-2123

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

Section XV-2123 - Procedures that Subject Client to the Jurisdiction of Criminal Court

A. Where a childs prosecution begins in juvenile court, counsel should be familiar with laws subjecting a child to the exclusive jurisdiction of a court exercising criminal jurisdiction, including the offenses subjecting the client to such jurisdiction. Counsel should seek to discover at the earliest opportunity whether transfer will be sought.

B. Counsel should fully explain the procedures by which a child can be transferred to adult court and the consequences of transfer to the child and the childs parents.

C. Counsel should advocate for the child to remain in the jurisdiction of juvenile court but should only do so after assessing the strategic advantages and disadvantages and the need to present facts and mitigating evidence to the district attorney in an effort to persuade the district attorney to keep the child in juvenile court.

D. Where a continued custody hearing will be held, counsel shall not, except in extraordinary circumstances, waive the continued custody hearing. Counsel shall fully prepare for the continued custody hearing in accordance with performance standard 2125, continued custody hearings.

E. If the child has already been transferred to adult proceedings and counsel did not represent the child in juvenile court, counsel should obtain the juvenile court records and files and the juvenile court attorneys entire file.

La. Admin. Code tit. 22, § XV-2123

Promulgated by the Office of the Governor, Public Defender Board, LR 431925 (10/1/2017).

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