Current through Register Vol. 54, No. 16, April 20, 2024
Rule 801 - Qualifications for Defense Counsel in Capital CasesIn all cases in which the attorney for the Commonwealth has filed a Notice of Aggravating Circumstances pursuant to Rule 802, before an attorney may participate in any stage of the case either as retained or appointed counsel, the attorney must meet the educational and experiential criteria set forth in this rule.
(1) EXPERIENCE: Counsel shall(a) be a member in good standing of the Bar of this Commonwealth;(b) be an active trial practitioner with a minimum of 5 years criminal litigation experience; and(c) have served as lead or co-counsel in a minimum of 8 significant cases that were given to the jury for deliberations. If representation is to be only in an appellate court, prior appellate or post-conviction representation in a minimum of 8 significant cases shall satisfy this requirement. A "significant case" for purposes of this rule is one that charges murder, manslaughter, vehicular homicide, or a felony for which the maximum penalty is 10 or more years.(2) EDUCATION: (a) During the 3-year period immediately preceding the appointment or entry of appearance, counsel shall have completed a minimum of 18 hours of training relevant to representation in capital cases, as approved by the Pennsylvania Continuing Legal Education Board.(b) Training in capital cases shall include, but not be limited to, training in the following areas: (i) relevant state, federal, and international law;(ii) pleading and motion practice;(iii) pretrial investigation, preparation, strategy, and theory regarding guilt and penalty phases;(v) trial preparation and presentation;(vi) presentation and rebuttal of relevant scientific, forensic, biological, and mental health evidence and experts;(vii) ethical considerations particular to capital defense representation;(viii) preservation of the record and issues for post-conviction review;(ix) post-conviction litigation in state and federal courts;(x) unique issues relating to those charged with capital offenses when under the age of 18; and(xi) counsel's relationship with the client and family.(c) The Pennsylvania Continuing Legal Education Board shall maintain and make available a list of attorneys who satisfy the educational requirements set forth in this rule.The provisions of this Rule 801 adopted June 4, 2004, effective 11/1/2004, 34 Pa.B. 3105. From June 4, 2004, until November 1, 2004, the educational requirements in Rule 801 shall be phased in as follows: (1) from the date of this Order until the November 1, 2004 effective date, the appointing or admitting court shall determine that the attorney has attended at least 6 hours of courses relevant to representation in capital cases, using the new Rule 801 educational criteria as a guide for relevance; (2) by November 1, 2004, to be eligible for appointment or to enter an appearance pursuant to new Rule 801, an attorney shall have completed a minimum of 6 hours of training relevant to representation in capital cases, as approved by the Continuing Legal Education Board, (3) by November 1, 2005, to be eligible for appointment or to enter an appearance pursuant to new Rule 801, an attorney shall have completed a mimimum of 12 hours of training relevant to representation in capital cases, as approved by the Continuing Legal Education Board; and (4) by May 1, 2006, to be eligible for appointment or to enter an appearance pursuant to new Rule 801, an attorney shall have completed a minimum of 18 hours of training relevant to representation in capital cases, as approved by the Continuing Legal Education Board; amended April 13, 2007, effective immediately, 37 Pa.B. 1960; amended October 1, 2012, effective 11/1/2012, 42 Pa.B. 6635; amended December 10, 2013, effective 2/10/2014, 43 Pa.B. 7545; amended January 11, 2016, effective 4/1/2016, 46 Pa.B. 554.