Indigent Defense Standards and Guidelines Index May, 1998

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1 Indigent Defense Standards and Guidelines Index May, 1998 Prepared For: ABA Standing ommittee on Legal Aid and Indigent Defendants Bar Information Program Prepared By: The Spangenberg Group David J. arroll atherine L. Schaefer Robert L. Spangenberg

2 Table of ontents Introduction... i Standards & Guidelines I. Administration of Indigent Defense Services... 1 II. Attorney Eligibility and Qualifications (apital ases) III. Attorney Eligibility and Qualifications (Non-apital ases) IV. Attorney Eligibility and Qualifications (State Post-onviction ases) V. aseload/workload Standards VI. aseload/workload Standards (Appellate) VII. onflict of Interest VIII. Indigency Screening Policies IX. Attorney Performance Standards X. Miscellaneous Standards opies of these materials may be made for classroom use in an institution of higher learning, provided that such use is for informational, non-commercial purposes only and any copy of the materials or portion thereof acknowledges original publication by the American Bar Association and includes the title of the article, the name of the author, and the legend "Reprinted by permission of the American Bar Association." Requests to reproduce materials in any other manner should be addressed to: Richard J. Vittenson, Director, opyrights & ontracts, American Bar Association, 321 N. lark Street, hicago, IL 60610; Phone: ; FAX: ;

3 Introduction In the past ten years, the adoption of standards and guidelines has been one of the most notable developments in the delivery of indigent defense services. Standards and guidelines pertaining to attorney eligibility, caseloads, conflict of interest, indigency screening, attorney performance and administration of indigent defense systems have been adopted by state and local legislation; state supreme court rule; national, state and local public defender organizations, indigent defense commissions and other entities. At the national level, the clear leader in this effort has been the American Bar Association (ABA). In 1993 the ABA published the third edition of its criminal justice standards relating to the provision of indigent defense services which for the first time addresses issues unique to the contract model of providing indigent defense services. 1 The ABA has also taken the lead in promulgating standards which address the processing of death penalty, 2 juvenile delinquency 3 and juvenile abuse and neglect cases. 4 Another national leader in promulgating well thought-out, thorough standards has been the National Legal Aid and Defender Association (NLADA), which has published guidelines for awarding contracts to contract defenders, 5 standards for the 1 Standards through of the ABA Standards for riminal Justice, hapter 5: Providing Defense Services, 3rd Edition (1992) specifically address the use of contracts for service, contracting parties and procedures, and the elements of the contract for services. 2 American Bar Association Guidelines for the Appointment and Performance of ounsel in Death Penalty ases (February 1989). 3 Robert B. Shepherd, Jr., Editor, Juvenile Justice Standards Annotated: A Balanced Approach, Institute of Judicial Administration/American Bar Association (1996). 4 American Bar Association, Standards of Practice for Lawyers Who Represent hildren in Abuse and Neglect ases (1996). 5 National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Governmental ontracts for riminal Defense Services (1984). iii

4 administration of assigned counsel systems 6 and, most recently, a comprehensive set of performance standards that set out minimum requirements of practice for lawyers representing indigent defendants. 7 National standards and guidelines serve a number of important purposes. While neither the ABA's nor the NLADA's standards are binding on state or local programs, they have served as models for many state and local programs which have either used the standards as a reference or adopted some of the standards in their entirety. For example, the Louisiana Indigent Defender Board in 1995 adopted standards closely modeled on both ABA and NLADA standards which address the following areas of representation: performance of indigent defense systems; determination and verification of indigency and the recovery and recoupment of costs expended in the defense of indigents; performance of counsel; provision of counsel to indigents accused of a capital crime; provision of counsel to indigents in non-capital cases on appeal; and conflicts of interest in the representation of indigents. In 1995, the Indiana Public Defender ommission adopted comprehensive qualification standards for non-capital cases which were also closely modelled on ABA and NLADA standards. Additionally, national standards have been cited numerous times by courts considering challenges to a jurisdiction's indigent defense program. 8 6 National Legal Aid and Defender Association, Standards for the Administration of Assigned ounsel Systems (1989). 7 National Legal Aid and Defender Association, Performance Guidelines for riminal Defense Representation (1995). 8 e.g., Hill v. Butterworth, 60 rl 1453, in which the U.S. District ourt for the Northern District of Florida, in finding that Florida does not meet the opt-in requirements of the 1996 Antiterrorism and Effective Death Penalty Act, referenced the ABA Guidelines for the Appointment and Performance of ounsel in Death Penalty ases, writing: "[t]he deficiencies suffered by Florida's present competency standards become particularly evident when compared to the American Bar Association's guidelines for postconviction counsel;" State v. Peart, 621 So.2d 780 (La. 1993), in which the Louisiana Supreme ourt, relying on hapter 5 of the ABA's riminal Justice Standards pertaining to defense services, held that " (1) it was a constitutional requirement that the legislature provide uniform system for securing and compensating qualified counsel for indigents" and that the trial court was allowed to look at the effective assistance of counsel before trial when the prima facie case was made that the defense lawyer was so overworked as not to be able to provide effective assistance of counsel; and State v. Joe U. Smith, 681 P.2d 1374 (Ariz. 1984) in which the Arizona Supreme ourt, relied upon the 1973 NA iv

5 In 1996, on behalf of the ABA Bar Information Program, The Spangenberg Group (TSG) agreed to undertake the project of collecting and categorizing national, state and local standards and guidelines relating to the administration of indigent defense services. The index that follows reflects the contents of our efforts. Our collection of standards and guidelines contains standards or guidelines pertaining to indigent defense representation from 40 of the 50 states. While most of the 40 states' standards are not as comprehensive as the national standards, the trend towards adoption of standards and guidelines marks a significant development in the delivery of indigent defense services. We hope that this resource will be of use to jurisdictions considering adopting or modifying indigent defense standards and guidelines. The Spangenberg Group began the task of cataloguing indigent defense standards and guidelines by combing the TSG archives. After organizing the standards and guidelines in our office, we determined that we had no indigent defense standards or guidelines from 27 states. For each of these states, telephone interviews were conducted with public defenders, court officials, state bar personnel and/or public advocacy groups to determine whether indigent defense standards have been adopted. For those states where standards and guidelines have been adopted, copies were requested. In organizing the collection of standards and guidelines, we selected the following nine topics: 1. Indigent Defense Systems Administration Policies. Subjects included under this broad category include rules for appointing counsel, awarding defense counsel contracts and reimbursing defense expenses. 2. Attorney Eligibility and Qualifications - apital Trials 3. Attorney Eligibility and Qualifications - Non-apital Trials 4. Attorney Eligibility and Qualifications - apital State Post-onviction ases 5. aseload Standards caseload standards, which were adopted in the commentary to ABA riminal Justice Standard 5-5.3, to reach its conclusion that Mohave ounty's low-bid, competitive contract program for providing indigent defense services was so pervasively flawed that any defendant convicted under the system was presumptively denied the right to effective assistance of counsel. v

6 6. aseload/workload standards - Appeals 7. onflicts of Interest 8. Indigency Screening 9. Attorney Performance Standards. Within each of the nine topic areas, the collection of standards and guidelines is divided into two sub-categories: national guidelines and state standards. National guidelines include the standards adopted by the American Bar Association and the National Legal Aid and Defender Association. State standards include many county and municipal indigent defense standards as well as all existing state-wide policies. Relevant memoranda and correspondence prepared by The Spangenberg Group are also included in the collection. The index which follows is divided into each of the nine topical areas mentioned above. Within each topic, the index lists first national then state and local standards and guidelines, and indicates which standards have been adopted and which have been proposed. Each standard also identifies a contact person for obtaining information pertaining to the standard referenced. Because neither the Bar Information Program nor The Spangenberg Group can absorb the administrative burden of copying and sending out copies of this collection, we ask that interested persons initially try to obtain copies of selected standards and guidelines by making use of the contact persons we have identified. The Bar Information Program is in the process of launching a homepage on the Internet, and plans to make available in the homepage selected standards from each topical category of this collection. It is important to note that this collection of national, state and local guidelines is a work in progress. As we learn of newly proposed or adopted standards, this collection will be updated to assure that it remains comprehensive. We ask anyone who knows of additional standards or guidelines to send us copies so that we can add them to this collection. We believe that this resource will be of great use to jurisdictions considering adopting or modifying indigent defense standards and guidelines. vi

7 I. ADMINISTRATION OF INDIGENT DEFENSE SERVIES A. National Guidelines Administrative Office of the United States ourts. "Guide to Judiciary Policies and Procedures: Appointment of ounsel in riminal ases." Trans. 3, Volume III, hapter II. Last Amended February 1993: pgs Paul Denicoff, Defender Services Division, Administrative Office of the U.S. ourts, Washington, D 20544, (202) Administrative Office of the United States ourts, Defender Services Division. "Review of Provisions for State Indigent Defense Systems." Prepared by The Spangenberg Group. December Paul Denicoff, Defender Services Division, Administrative Office of the U.S. ourts, Washington, D 20544, (202) American Bar Association. "American Bar Association Guidelines for the Appointment and Performance of ounsel in Death Penalty ases." February Janice Jones, American Bar Association, 321 North Lark Street, hicago, IL 60610, (312) American Bar Association. ABA Standards for riminal Justice: Providing Defense Services, Third Edition. Standard Washington, D: July Susan Hillenbrand, ABA riminal Justice Section, th Street, NW, 10th Floor, Washington, D , (202) Meyer, David. "Defenders 2000." David Meyer, Director, Department of Mental Health, 2415 West Sixth Street, Los Angeles, A 90051, (213)

8 National Legal Aid and Defender Association. "Guidelines for Negotiating and Awarding Indigent Defense ontracts." December Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202) National Legal Aid and Defender Association. "Model Defender Act." (no date) Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202) National Legal Aid and Defender Association. "Standards and Evaluation Design for Appellate Defender Offices." Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202) National Legal Aid and Defender Association. "Standards for the Administration of Assigned ounsel Systems." November Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202) The Spangenberg Group. "Memorandum Regarding the omparison of the ABA and NLADA Black Letter Standards for ontracting Indigent Defense Services." October David arroll, The Spangenberg Group, 1001 Watertown Street, West Newton, MA 02165, (617) The Spangenberg Group. "How Will We Know When a Public Defender Office is a Success?" (no date) David arroll, The Spangenberg Group, 1001 Watertown Street, West Newton, MA 02165, (617)

9 B. State Standards 1. ALIFORNIA Alameda ounty Bar Association. "Rules and Regulations of the Alameda ounty Bar Association ourt Appointed Attorneys' Program." April Eastern Alameda ounty Bar Association, nd Street, Suite 800, Oakland, A 94612, (510) or Byron Brown, Alameda ounty Public Defender, Berkeley Municipal ourt, 2000 enter Street, Room 205, Berkeley, A 94704, (510) alifornia Supreme ourt. "Guidelines for Fixed Fee Appointments, on Optional Basis, to Automatic Appeals and Related Habeas orpus Proceedings in the alifornia Supreme ourt." August 1996: pgs Supreme ourt of alifornia, 303 Second Street, South Tower, San Francisco, A 94107, (415) First District Appellate Project (San Francisco). "Guidelines for Appointed ounsel." (no date) ynthia Thomas, Executive Director, 1st District Appellate Project, 730 Harrison Street, Suite 201, San Francisco, A 94107, (415) State Bar of alifornia. "Guidelines on Indigent Defense Delivery Systems." December State Bar of alifornia, 555 Franklin Street, San Francisco, A 94102, (415)

10 2. ONNETIUT onnecticut Public Defender Services ommission. Guidelines on Indigent Defense: Guidelines Relating to the Representation of Indigent Defendants Accused of a riminal Offense FLORIDA Deborah Del Prete Sullivan, Legal ounsel, State of onnecticut Division of Public Defender Services, 30 Trinity Street, Hartford, T, (860) ircuit onflict ommittee, Eleventh Judicial ircuit of Florida. "Policies and Procedures." August Bennett H. Brummer, Eleventh Judicial ircuit of Florida Public Defender, 1320 N.W. 14th Street, Miami, FL 33125, (305) The Eleventh Judicial ircuit Dade ounty. In Re: Special Assistant Public Defenders, Method of Appointment, ompensation. Administrative Order August Bennett H. Brummer, Eleventh Judicial ircuit of Florida Public Defender, 1320 N.W. 14th Street, Miami, FL 33125, (305) The Seventeenth Judicial ircuit, In and For Broward ounty. In Re: Appointment of and ompensation for Special Public Defenders. Administrative Order III-94-d-2. September Alan H. Schreiber, Seventeenth Judicial ircuit Public Defender, Broward ounty ourthouse, 201 SE 6th Street, Room 3872, North Wing, Fort Lauderdale, FL 33301, (305) GEORGIA Georgia Indigent Defense ouncil. "Guidelines of the Indigent Defense ouncil for the Operation of Local Indigent Defense Programs." October Michael B. Shapiro, Executive Director, Georgia Indigent Defense ouncil, 985 Ponce De Leon Avenue, Atlanta, GA 30306, (404)

11 5. INDIANA Indiana Public Defender ommission. "Standards for Indigent Defense Services in Non-apital ases, with ommentary." January Larry Landis, Executive Director, Indiana Public Defender ouncil, 309 W. Washington St., Suite 401, Indianapolis, IN 46204, (317) LOUISIANA Louisiana Indigent Defense Board. "Louisiana Standards on Indigent Defense." Jelpi Picou, Louisiana Indigent Defender Board, 210 Baronne Street, Suite 906, New Orleans, LA 78112, (504) MASSAHUSETTS ommittee for Public ounsel Services. "Guidelines for the Appeals Unit of the ommittee for Public ounsel Services." July Bill Leahy, hief ounsel, ommittee for Public ounsel Services, 470 Atlantic Avenue, Suite 700, Boston, MA 02210, (617) ommittee for Public ounsel Services. "Manual for ounsel Assigned through the ommittee for Public ounsel Services: Policies and Procedures." June Bill Leahy, hief ounsel, ommittee for Public ounsel Services, 470 Atlantic Avenue, Suite 700, Boston, MA 02210, (617) Mass. Sup. t. R. 3:10 (1993). Bill Leahy, hief ounsel, ommittee for Public ounsel Services, 470 Atlantic Avenue, Suite 700, Boston, MA 02210, (617)

12 8. MIHIGAN Plan for Appointing Lawyers to Represent Indigent Defendants, Mich. 6th Jud. t., Administrative Order (1996). 9. NEBRASKA Benjamin F. Blake, Legal Aid and Defender Association of Detroit, State Defender Division, 462 Gratiot Avenue, Detroit, MI 48226, (313) Nebraska ommission on Public Advocacy. "Standards for Indigent Defense Services in apital and Non-apital ases." May James R. Mowbray, hief ounsel, Nebraska ommission on Public Advocacy, P.O. Box 98932, Lincoln, NE , (402) NEW YORK Indigent Defense Organization Oversight ommittee. "General Requirements for all Organized Providers of Defense Services to Indigent Defendants." July Klaus Eppler, Esq., hair, Indigent Defense Organization Oversight ommittee, 27 Madison Avenue, New York, NY 10010, (212) New York State Defenders Association, Inc. "The Model Public Defense System and The Model Defense ase: Tools for the Professional Evaluation and Measurement of the Effective Assistance of ounsel in Local Practice." November Jonathan E. Gradess, Executive Director, New York State Defenders Association, Inc., 11 North Pearl Street, Suite 700, Albany, NY 12207, (518) Onondaga ounty Bar Association Assigned ounsel Program. "Handbook for Assigned ounsel Program." March David arroll, The Spangenberg Group, 1001 Watertown Street, West Newton, MA 02165, (617)

13 11. NORTH DAKOTA North Dakota Legal ounsel for Indigents ommission. "North Dakota Judicial System Indigent Defense Procedures and Guidelines." December North Dakota Legal ounsel for Indigents ommission, c/o North Dakota Supreme ourt, First Floor-Judicial Wing, 600 East Boulevard, Bismark, North Dakota , (701) OHIO Ohio Public Defender ommission. "Assigned ounsel Standards and State Maximum Fee Schedule: Including ommission Rules and Instructions for ompleting ertificates." May David Bodiker, Ohio Public Defender, 8 East Long Street, olumbus, OH , (614) OREGON Office of the State ourt Administrator. "Request for Proposals for Indigent Defense Legal Services ontracts." October Ann hristian or Larry raig, Oregon State ourt Administrator's Office, Indigent Defense Services Division, Supreme ourt Building, 1163 State Street, Salem, OR 97310, (503) Oregon Judicial Department. "Oregon Judicial Department Policy Standards: Indigent Defense Payment Policies and Procedures." ORS (5)(6). December 1989: pgs Ann hristian or Larry raig, Oregon State ourt Administrator's Office, Indigent Defense Services Division, Supreme ourt Building, 1163 State Street, Salem, OR 97310, (503) Oregon Judicial Department. "Oregon Judicial Department Policy Standards: Qualification Standards for ourt-appointed ounsel to Represent Indigent Persons at State Expense." ORS (3). July 1990: pgs Ann hristian or Larry raig, Oregon State ourt Administrator's Office, Indigent Defense Services Division, Supreme ourt Building, 1163 State Street, Salem, OR 97310, (503)

14 14. PENNSYLVANIA Board of Judges of the First Judicial District of Pennsylvania. "First Judicial District of Pennsylvania Guaranteed Fee System for the Timely and Adequate Payment of Appointed Private Indigent Defense ounsel." December Len Hacking, Senior Staff Advisor, Room 364, ity Hall, Philadelphia, PA 19107, (215) TENNESSEE Tenn. Sup. t. Rule 13, (1997). Libby Sykes, Supreme ourt of Tennessee, Administrative Office of the ourts, Nashville, TN , (615) VIRGINIA Office of the Executive Secretary of the Supreme ourt. "Appointed ounsel Procedures and Guidelines Manual." July Executive Secretary, Supreme ourt of Virginia, P.O. Box 1315, Richmond, VA 23210, (804) WASHINGTON Seattle-King ounty Bar Association Indigent Defense Services Task Force. "Guidelines for Accreditation of Defender Agencies." July Seattle-King ounty Bar Association, The Bank of alifornia Building, Suite 600, 900 4th Avenue, Seattle, WA 98164, (206) Washington Defender Association. "Standards for Public Defender Services: Objectives and Minimum Requirements for Providing Legal Representation to Poor Persons Accused of rimes in Washington State." October hristie Hedman, Executive Director, Washington Defender Association, 810 Third Avenue, Suite 800, Seattle, WA 98104, (206)

15 Wash. Rev. ode (1989). Anne Hall, Deputy Director, Office of Public Defense, P.O. Box 40957, Olympia, Washington , (360)

16 II. ATTORNEY ELIGIBILITY & QUALIFIATIONS (APITAL ASES) A. National Guidelines Administrative Office of the U.S. ourts. "Guide to Judiciary Policies and Procedures: Appointment of ounsel in riminal ases." Trans. 3, Volume III, hapter II. Last Amended February 1993: pg. 3. Paul Denicoff, Defender Services Division, Administrative Office of the U.S. ourts, Washington, D 20544, (202) American Bar Association. "Guidelines for the Appointment and Performance of ounsel in Death Penalty ases." 1989: pgs Janice Jones, American Bar Association, 321 North lark Street hicago, IL 60610, (312) onference of hief Justices. "Resolution XVII: ompetence of ounsel in apital ases." August onference of hief Justices, National enter for State ourts, 300 Newport Avenue, P.O. Box 8798, Williamsburg, VA , (757) National Legal Aid and Defenders Association. "Standards for the Administration of Assigned ounsel Systems." Standard November 1989: pgs Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202) National Legal Aid and Defenders Association. "Standards for the Appointment of ounsel in Death Penalty ases." October 1987: (Draft) Index does not denote pages properly. Bob Burke or Scott Wallace, National Legal Aid and Defender Association, 1625 K Street, NW, Suite 800, Washington, D 20006, (202)

17 B. State Standards 1. ALABAMA "apital Murder Appointment Procedures for Montgomery ounty." August Richard L. Osborne, Public Defender, ity of Montgomery Public Defender, P.O. Box 1111, ity Hall, Room 207, Montgomery, AL 36102, (205) ARIZONA Az. R. rim. P. 6.8 (1997) Denise Young, Arizona apital Representation Project, P.O. Box 3073, Tempe, AZ , (602) ARKANSAS Arkansas Public Defender ommission. "Minimum Standards: Attorney Qualifications and ertification riteria." Didi Sallings, Arkansas Public Defender ommission, 101 E. apitol, Suite 201, Little Rock, AR, 72201, (501) ALIFORNIA Alameda ounty Bar Association. "Rules and Regulations of the Alameda ounty Bar Association ourt Appointed Attorney's Program." April 1988: pgs Eastern Alameda ounty Bar Association, nd Street, Suite 800, Oakland, A 94612, (510) or Byron Brown, Alameda ounty Public Defender, Berkeley Municipal ourt, 2000 enter Street, Room 205, Berkeley, A 94704, (510)

18 Bennet, Frederick R. "Memorandum of Understanding Re entral District apital ase Appointments." Los Angeles ounty Bar Association, November Los Angeles ounty Bar Association, 617 S. Olive Street, 2nd Floor (90014), P.O. Box 55020, Los Angeles, A 90055, (213) Judicial ouncil of alifornia. "Appendix to alifornia Rules of ourt." Section 20. January 1985: pg Supreme ourt of alifornia, 303 Second Street, South Tower, San Francisco, A 94107, (415) State Bar of alifornia. "Guidelines on Indigent Defense Services Delivery Systems." December 1990: pgs , 33. State Bar of alifornia, 555 Franklin Street, San Francisco, A 94102, (415) ONNETIUT onnecticut Public Defender Services ommission. Qualifications of Attorneys to be Appointed as Special Public Defenders in apital Felony ases. (No Date). Deborah Del Prete Sullivan, Legal ounsel, State of onnecticut Division of Public Defender Services, 30 Trinity Street, Hartford, T, (860) DELAWARE Attachment to July 15, 1996 letter from Thomas Sandbach, Public Defender of Delaware, to David arroll. "Minimum Education and Experience." (Undated). Angelo Falasca or Lawrence Sullivan, Delaware State Public Defender, arveel State Office Building, 820 North French Street, Wilmington, DE 19801, (302)

19 7. FLORIDA ircuit onflict ommittee, Eleventh Judicial ircuit of Florida. "Policies and Procedures." August 1992: pgs Bennett H. Brummer, Eleventh Judicial ircuit of Florida Public Defender, 1320 N.W. 14th Street, Miami, FL 33125, (305) The Fifteenth Judicial ircuit, In and For Palm Beach ounty, Florida. Administrative Order /94. January 1994: pgs. 3-7 Richard Jorandby, Fifteenth Judicial ircuit Public Defender, riminal Justice Building, 421 Third Street, West Palm Beach, FL 33401, (407) Second Judicial ircuit of Florida. "onflict Attorney Policies." October, 1992: pgs Nancy Daniels, Second Judicial ircuit Public Defender, Leon ounty ourthouse, Suite 401, Tallahassee, FL 32301, (904) Seventeenth Judicial ircuit Administrative Order No. III-94-D-2 IN RE: Appointment of and ompensation for Special Public Defenders. September Alan H. Schreiber, Seventeenth Judicial ircuit Public Defender, Broward ounty ourthouse, 201 SE 6th Street, Room 3872, North Wing, Fort Lauderdale, FL 33301, (305) Sixth Judicial ircuit. March 5, 1997 letter from David Parry to Richard Green with addendum: Attorney Qualification Standards for apital ase ounsel. March Bob Dillinger, Sixth Judicial ircuit Public Defender, riminal Justice enter, th Street North, learwater, FL 34622, (813)

20 8. GEORGIA Georgia Indigent Defense ouncil. "Guidelines of the Indigent Defense ouncil for the Operation of Local Indigent Defense Programs." October 1989: pgs Michael B. Shapiro, Executive Director, Georgia Indigent Defense ouncil, 985 Ponce De Leon Avenue, Atlanta, GA 30306, (404) INDIANA Indiana Rules of riminal Procedures. Rule 24: pgs (1997) Larry Landis, Executive Director, Indiana Public Defender ouncil, 309 W. Washington St., Suite 401, Indianapolis, IN 46204, (317) IOWA Rigg, Robert R. "When Just Being a Lawyer Isn't Good Enough: The onstitution and riminal Defense Standards." Presented to the Iowa State Bar Association's riminal Law Section. March 21, Robert R. Rigg, Associate Professor of Law, riminal Defense Program Director, Drake University, 2400 University Avenue, Des Moines, Iowa 50311, (515) KENTUKY Rules of riminal Procedure. Proposed Rule XIV: Qualification of Appointed ounsel in apital ases. December (Proposal was not acted upon.) 12. KANSAS Ed Monahan, Kentucky Department of Public Advocacy, 151 Elkhorn ourt, Frankfort, KY 40601, (502) Board of Indigents' Defense Services, Permanent Administrative Regulations. Article 3.-Appointed Attorneys, November

21 Natalie Haag, State Board of Indigents' Defense Services, Landon State Office building, 900 SW Jackson, Room 304, Topeka, KS 66612, (913) LOUISIANA Louisiana Indigent Defense Board. Louisiana Standards on Indigent Defense, hap Jelpi Picou, Louisiana Indigent Defender Board, 210 Baronne Street, Suite 906, New Orleans, LA 78112, (504) NEBRASKA Nebraska ommission on Public Advocacy. "Standards for Indigent Defense Services in apital and Non-apital ases." May 1996: pgs James R. Mowbray, hief ounsel, Nebraska ommission on Public Advocacy, P.O. Box 98932, Lincoln, NE , (402) NEVADA Nev. Sup. t. R. 250 (1993). Nevada State Public Defender, 303 East Proctor Street, apitol omplex, arson ity, NV 89710, (702) NEW YORK New York ourt of Appeals. "Minimum Standards for Lead and Associate ounsel in apital ases." (1997). Kevin Doyle, apital Defender, apital Defender Office, Louis Lefkowitz State Office Building, 80 entre Street, Room 266, New York, NY 10013, (212) NORTH AROLINA North arolina apital ase Handbook. "Rule 24: Mandatory Pretrial onference." (Undated). 15

22 Ken Rose, enter for Death Penalty Litigation, Inc., 200 Meredith Drive, Suite 201, Durham, N 27713, (919) "Rules and Regulations." Section December 1994: pgs Ken Rose, enter for Death Penalty Litigation, Inc., 200 Meredith Drive, Suite 201, Durham, N 27713, (919) OHIO "Amendments to the Rules of Superintendence for ourts of ommon Pleas and Rules of Superintendence for ourts of Appeals." Rule 65. July 1995: xxvii-xxxv David Bodiker, Ohio Public Defender, 8 East Long Street, olumbus, OH , (614) Ohio Public Defender ommission. "Assigned ounsel Standards & State Maximum Fee Schedule: Including ommission Rules & Instructions for ompleting ertificates." Ohio Public Defender ommission Rule May 1990: pgs David Bodiker, Ohio Public Defender, 8 East Long Street, olumbus, OH , (614) OKLAHOMA Oklahoma Indigent Defense System. "Qualifications for Appointment in apital ases." June Mark Barrett, Oklahoma Indigent Defense System, 1660 ross enter Drive, Norman, OK 73019, (405) OREGON ircuit ourt of Oregon, Fourth Judicial District (Multnomah ounty). "Standards for ourt Appointment of Attorneys for Indigent Defendants." February 1980: pgs Edward J. Jones, Multnomah Defenders, Inc., 522 SW 5th Avenue, #1500, Portland, OR 97204, (503)

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