La. Admin. Code tit. 22 § XV-927

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

Section XV-927 - Establishment of Performance Standards

A. Establishing Performance Standards

1. The Public Defender Board shall establish performance standards for all counsel in death penalty cases.

2. Pending the adoption of these performance standards, counsel in death penalty cases should meet the standards adopted by the American Bar Association.

B. Standards Shall Operate as a Benchmark for Performance and Qualifications

1. The standards of performance should be formulated and interpreted so as to insure that all counsel provide high quality legal representation in capital cases in accordance with these guidelines. The performance standards shall serve as a benchmark when assessing the performance of counsel.

C. Interim Performance Standards

1. Pending the formal adoption of capital performance standards by the board the following shall, with any necessary modification to reflect Louisiana nomenclature and prevailing legal obligations, be deemed to operate as relevant performance standards under these guidelines:

a. Guidelines 10.2-10.15.2 of the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases; and

b. State of Louisiana Performance Standards for Criminal Defense Representation in Indigent Criminal Cases in the Trial Court (adopted June 20, 2006).

La. Admin. Code tit. 22, § XV-927

Promulgated by the Office of the Governor, Public Defender Board, LR 36:1005 (May 2010).

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