I. Trial

I.  TRIAL

A.  Lead trial counsel assignments should be distributed to attorneys who:

(i)  are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

(ii)  are experienced and active trial practitioners with at least five years litigation experience in the field of  criminal defense; and

(iii)  have prior experience as lead counsel in no fewer than nine jury trials of serious and complex cases which were tried to completion, as well as prior experience as lead counsel or co-counsel in at least one case in which the death penalty was sought.  In addition, of the nine jury trials which were tried to completion, the attorney should have been lead counsel in at least three cases in which the charge was murder or aggravated murder; or alternatively, of the nine jury trials, at least one was a murder or aggravated murder trial and an additional five were felony jury trials; and

(iv)  are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(v)  are familiar with and experienced in the utilization of expert witnesses and evidence, including, but not limited to, psychiatric and forensic evidence; and

(vi)  have attended and successfully completed, within one year of their appointment, a training or educational program on criminal advocacy which focused on the trial of cases in which the death penalty is sought; and

(vi)  have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

B.  Trial co-counsel assignments should be distributed to attorneys who:

(i)  are members of the bar admitted to practice in the jurisdiction or admitted to practice pro hac vice; and

(ii)  who qualify as lead counsel under paragraph A of this Standard or meet the following requirements:

(a)  are experienced and active trial practitioners with at least three years litigation experience in the field of criminal defense; and

(b)  have prior experience as lead counsel or co-counsel in no fewer than three jury trials of serious and complex cases which were tried to completion, at least two of which were trials in which the charge was murder or aggravated murder; or alternatively, of the three jury trials, at least one was a murder or aggravated murder trial and one was a felony jury trial; and

(c)  are familiar with the practice and procedure of the criminal courts of the jurisdiction; and

(d)  have completed within one year of their appointment at least one training or educational program on criminal advocacy which focused on the trial of cases in which the death penalty is sought; and

(e)  have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases.

C.  Alternate Procedures: Appointments for lead and co-counsel assignments may also be distributed to persons with extensive criminal trial experience or extensive civil litigation experience, if it is clearly demonstrated to the appointing authority that competent representation will be provided to the capitally charged indigent defendant. Lawyers appointed under this paragraph shall meet one or more of the following qualifications:

(i)  Experience in the trial of death penalty cases which does not meet the levels detailed in paragraphs A or B above;

(ii)  Specialized post-graduate training in the defense of persons accused of capital crimes;

(iii) The availability of ongoing consultation support from experienced death penalty counsel.

Attorneys appointed under this paragraph should be prescreened by a panel of experienced death penalty attorneys (see Standard 3. 1) to ensure that they will provide competent representation.

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