III. Post-Conviction

III.  POST CONVICTION

Assignments to represent indigents in post conviction proceedings in capital cases 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 three years litigation experience in the field of criminal defense; and

(iii) have prior experience as counsel in no fewer than five jury or bench trials of serious and complex cases which were tried to completion, as well as prior experience as post conviction counsel in at least three cases in state or federal court.  In addition, of the five jury or bench trials which were tried to completion, the attorney should have been counsel in at least three cases in which the charge was murder or aggravated murder; or alternatively, of the five trials, at least one was a murder or aggravated murder trial and an additional three were felony jury trials; and

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

(v)  have attended and successfully completed, within one year prior to their appointment, a training or educational program on criminal advocacy which focused on the post conviction phase of a criminal case, or alternatively, a program 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.

In addition to the experience level detailed above, it is desirable that at least one of the two post conviction counsel also possesses appellate experience at the level described in II.B. above (relating to appellate co‑counsel).

B.  Alternate Procedures: Appointments for lead and co-counsel assignments may also be distributed to persons with extensive criminal trial, appellate and/or post conviction experience or extensive civil litigation and/or appellate 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 trial, appeal and/or post conviction representation in death penalty cases which does not meet the levels detailed in paragraph A 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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