La. Admin. Code tit. 22, § XV-503 - Appointment of Appellate and Post-Conviction Counsel in Death Penalty Cases
A. The Louisiana
Indigent Defense Assistance Board, through its director, shall, within 30 days
of formal notice from a court having jurisdiction over the appeal of the
capital case of an indigent, cause to have counsel enrolled to represent the
defendant on direct appeal.
B. The
Louisiana Indigent Defense Assistance Board, through its director, shall,
within 30 days of finality of an indigent capital defendant's appeal, cause to
have counsel enrolled to represent the defendant for purposes of state
post-conviction proceedings.
C. To
the extent funding is available, the Louisiana Indigent Defense Assistance
Board may create, manage, and/or contract with a separate entity, with such
staff and support personnel as are necessary, to provide counsel to represent
capital defendants on direct appeal to the Supreme Court of Louisiana and/or to
seek post-conviction relief, if appropriate, in state and federal court,
subject to Subsection E below.
D.
In the event staff counsel of said separate entity is not available for
appointment on an appeal or in post-conviction proceedings, the Louisiana
Indigent Defense Assistance Board shall cause to have counsel enrolled
certified by it in accordance with the applicable provisions of §305-309
above, provided that in no event shall contract counsel be remunerated at a
rate in excess of salary levels of any staff attorneys of said entity as
determined by the Louisiana Indigent Defense Assistance Board.
E. Counsel appointed by the Louisiana
Indigent Defense Assistance Board may accept appointments from a federal court
to represent capital defendants, provided funding for these defense services is
provided by the appointing federal court and provided no state-appropriated
funds are expended for the representation of capital defendants in federal
court.
F. Any attorney who desires
to be certified under the guidelines of this rule shall do so in accordance
with the policies and procedures established by the Louisiana Indigent Defense
Assistance Board.
Notes
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