La. Admin. Code tit. 22 § XV-923

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

Section XV-923 - Training

A. Funding of Capital Defense Trainings

1. Funds should be made available by the Public Defender Board for the effective training, professional development, and continuing education of capital defense attorneys, investigators and mitigation specialists.

B. Comprehensive Training Program

1. Attorneys seeking to qualify for capital defense certification shall satisfactorily complete a comprehensive training program, approved by the state public defender, in the defense of capital cases. Such a program should include, but not be limited to, presentations and training in the following areas:

a. relevant state, federal, and international law;

b. pleading and motion practice;

c. pretrial investigation, preparation, and theory development regarding guilt/innocence and penalty;

d. jury selection;

e. trial preparation and presentation, including the use of experts;

f. the investigation, preparation, and presentation of mitigating evidence;

g. investigation, preparation, and presentation of evidence bearing upon mental status, including mental retardation;

h. ethical considerations particular to capital defense representation;

i. preservation of the record and of issues for post-conviction review;

j. counsel's relationship with the client and his family;

k. post-conviction litigation in state and federal courts;

l. the presentation and rebuttal of scientific evidence, and developments in mental health fields and other relevant areas of forensic and biological science.

2. The state public defender shall develop and provide a comprehensive training program to assist attorneys in meeting the mandatory training requirements established by §923. B The state public defender shall offer the comprehensive training program on at least an annual basis.

C. Continuing Capital Legal Education

1. Attorneys seeking to remain on the certification roster must continue to attend and successfully complete specialized training program approved by the state public defender that focuses on the defense of death penalty cases. Attorneys must complete at least eighteen hours of training at an approved course or courses every two years.

D. Continuing Professional Education-Non-attorneys

1. All non-attorneys wishing to be eligible to participate on defense teams should receive continuing professional education appropriate to their areas of expertise.

La. Admin. Code tit. 22, § XV-923

Promulgated by the Office of the Governor, Public Defender Board, LR 36:1003 (May 2010).

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