RULES OF SUPREME COURT OF LOUISIANA

PART I. RULES PERTAINING TO THE DEFENSE OF INDIGENTS

RULE XXXI. INDIGENT DEFENDER STANDARDS

A. Standards Relating to the Effectiveness of Indigent Defense Counsel.

(1) Capital Litigation. In all capital cases, the following standards shall be applicable to the defense of indigents:

(a) In any capital case in which a defendant is found to be indigent, the court shall appoint no less than two attorneys to represent the defendant. At least two of the appointed attorneys must be certified as qualified to serve in capital cases as provided below. The court shall designate one of the appointed attorneys to be lead counsel, the other(s) as associate counsel. The court shall only designate as lead and associate counsel those attorneys who have either been previously certified by the Louisiana Indigent Defender

Board and whose certification is still in good standing or those attorneys who, after December 31, 1997, may be certified by the district court judge handling the case pursuant to Paragraph (b) of Subsection 1 of this Section. The certification of attorneys by district court judges shall remain in effect until such time as the Indigent Defense Supplemental Assistance Board is able to review and evaluate the standards and capital certification procedures for either continuation, discontinuation, or modification.

(b) Until such time as the Indigent Defense Supplement Assistance Board shall address this matter, each district judge, presiding over a capital case, shall maintain and enforce the capital certification procedures previously developed by the Louisiana Indigent Defender Board.

(2) Appellate Matters. In all cases involving non-capital appellate matters, the following standards shall be applicable to the defense of indigents:

(a) In any felony case in which the district or appellate court determines that the defendant is entitled to court appointed counsel on appeal or review, the district or appellate court shall appoint counsel who have either been previously certified by the Louisiana Indigent Defender Board and whose certification is still in good standing, or those attorneys, who, after December 31, 1997, shall be certified by the judge of the district court pursuant to Paragraph (b) of Subsection 2 of this Section. The certification

of attorneys by district court judges shall remain in effect until such time as the Indigent Defense Supplemental Assistance Board is able to review and evaluate the standards and capital certification procedures for either continuation, discontinuation, or modification.

(b) Until such time as the Indigent Defense Supplemental Assistance Board shall address this matter, the district and appellate judges involved in the particular appellate case shall maintain and enforce the appellate certification procedures previously developed by the Louisiana Indigent Defender Board.

(3) Private Practice of Law. A staff attorney of a district indigent defender board, who is a permanent, full-time employee of the district board, shall not engage in the private practice of criminal law in the same jurisdiction in which he or she serves as a staff attorney. The said attorney, however, may be permitted by the district board to have a private civil law practice in the same jurisdiction in which he or she serves as a staff attorney, provided such practice does not conflict with or otherwise adversely affect the duties owed by the attorney to his or her indigent clients.

B. Intent of Application of Rules. The intent of this Rule is to regulate the practice of law only to the extent specifically articulated above. The Rules shall not be construed to confer substantive or procedural rights in favor of any accused beyond those rights recognized or granted by the United States Constitution, the Louisiana Constitution, the laws of the state, and the jurisprudence of the courts.

The programs, rules, procedures, and standards included in, encompassed by, and resulting from this Rule shall not form a basis for a procedural or substantive attack in any case or proceeding pending or instituted in the Louisiana criminal justice system on or after the date this Rule is promulgated. Furthermore, this Rule shall not form a basis for a substantive or procedural attack, including but not limited to an attack based upon the performance of counsel by any defendant whose conviction or sentence was entered prior to the establishment and/or promulgation of any program, rule, procedure, or standard included in, encompassed by, or resulting from this Rule. Finally, the programs, rules, procedures, and standards included in, encompassed by, or resulting from this Rule shall not form the basis for a procedural or substantive attack on the appellate process, including but not limited to an attack upon the performance of appellate counsel, by any defendant.

C. Effective Date. This Rule shall become effective on January 1, 1998 and shall continue thereafter until amended or changed under the authority of future orders of this Court.