LAC 22:XV.309. Certification Guidelines for Capital Post-Conviction Counsel

A. To be certified to serve as counsel for purposes of state post-conviction, an attorney shall satisfy the following minimum standards: 1. be familiar with the substantive law and the practice and procedure of the courts of Louisiana in the review of capital post-conviction applications; 2. be familiar with federal habeas corpus statutory law, practice and procedure, particularly including federal review of state capital post-conviction procedures; 3. be an experienced and active trial, appellate, or post-conviction practitioner with at least three years experience in the field of criminal defense; and 4. have prior experience within the last three years as counsel of record in a capital post-conviction application, in state or federal court, or at least one case where a sentence of death was imposed, demonstrating clear competence and diligence in the representation provided; 5. in cases in which applicants lack the requirements of Paragraphs 1-4 above, the chair of the board of the Louisiana Indigent Defense Assistance Board or Director of the Capital Post-Conviction Project of Louisiana may grant permission for that applicant to be certified.