La. Admin. Code tit. 22, § XV-505 - Monitoring and Removal of Certification of Capital Appellate and Post-Conviction Counsel
A. Attorneys
certified by the Louisiana Indigent Defense Assistance Board within the
guidelines of this rule shall be monitored to ensure eligibility.
1. An attorney who fails to maintain his or
her status and educational requirements as defined in
§305 above shall
not be considered certified for purposes of appointment in capital cases,
provided an attorney may seek re-certification once the criteria of that
section are satisfied.
2. Where
there is compelling evidence that an attorney has inexcusably ignored basic
responsibilities of an effective lawyer, resulting in prejudice to an indigent
client's case, the attorney shall not be considered certified for purposes of
appointment in capital cases. In this instance, an attorney shall be given an
opportunity to respond in writing to specific charges of
ineffectiveness.
3. Representation
of a capital client establishes an inviolable attorney-client relationship.
Thus, an attorney's eligibility to represent an indigent client may not be
reviewed, except by a court of proper jurisdiction, on the basis of conduct
involving a case in which the attorney is presently actively representing the
client.
4. An attorney decertified
under this rule shall not be re-certified unless the decertification is shown
to have been erroneous or it is established to the satisfaction of a majority
of the board that the cause of the failure to meet basic responsibilities has
been identified and corrected.
Notes
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