iii. Have attended and successfully completed at twelve (12) hours of approved capital training, within the last two (2) years. iv. Have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases; and v. Have substantial knowledge and understanding of the relevant state, federal and international law, both procedural and substantive, governing capital cases; and vi. Have skill in the management and conduct of complex negotiations and litigation; and vii. Have skill in legal research, analysis, and the drafting of litigation documents; and viii. Have skill in oral advocacy; and ix. Have skill in the use of expert witnesses and familiarity with the common areas of forensic investigation, including fingerprints, ballistics, forensic pathology, and DNA evidence; and x. Have skill in the investigation, preparation, and presentation of evidence bearing upon mental status; and xi. Have skill in the investigation, preparation, and presentation of mitigating evidence; and xii. Have skill in the elements of trial advocacy, such as jury selection, of witnesses, and opening and closing statements; and xiii. Have skill in jury selection focused on methods that have proven successful in capital cases, such as the Colorado method. xiv. Are familiar with and agree to abide by the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases. b. Alternate Procedures. Attorneys who do not meet the qualifications in paragraph 2.a, may still apply for inclusion on the Capital Counsel Roster. Such attorneys must be in compliance with Indigent Defense Standards, have extensive criminal trial defense counsel experience or extensive civil litigation experience, and demonstrate to the PDC that competent representation will be provided in a capital case. Attorneys under this paragraph shall also meet the following qualifications: i. Demonstrated familiarity with and agree to abide by the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases; and ii. Experience with the appeal and/or post-conviction litigation of death penalty cases or cases where the death penalty was sought but not imposed which does not meet the levels detailed in paragraph D.2.a above; or
iii. Have attended and successfully completed at twelve (12) hours of capital training, within the last two (2) years. iv. Have demonstrated the necessary proficiency and commitment which exemplify the quality of representation appropriate to capital cases; and v. Have substantial knowledge and understanding of the relevant state, federal and international law, both procedural and substantive, governing capital cases; and vi. Have skill in the management and conduct of complex negotiations and litigation; and vii. Have skill in legal research, analysis, and the drafting of litigation documents; and viii. Have skill in oral advocacy; and ix. Have skill in the use of expert witnesses and familiarity with the common areas of forensic investigation, including fingerprints, ballistics, forensic pathology, and DNA evidence; and x. Have skill in the investigation, preparation, and presentation of evidence bearing upon mental status; and xi. Have skill in the investigation, preparation, and presentation of mitigating evidence; and xii. Have skill in the elements of trial advocacy, such as jury selection, of witnesses, and opening and closing statements; and xiii. Have skill in jury selection focused on methods that have proven successful in capital cases, such as the Colorado method. xiv. Are familiar with and agree to abide by the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty cases. b. Alternate Procedures. Attorneys who do not meet the qualifications in paragraph 2.a, may still apply for inclusion on the Capital Counsel Roster. Such attorneys must be in compliance with Indigent Defense Standards, have extensive criminal trial defense counsel experience or extensive civil litigation experience, and demonstrate to the PDC that competent representation will be provided in a capital case. Attorneys under this paragraph shall also meet the following qualifications: i. Demonstrated familiarity with and agree to abide by the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases; and ii. Experience with the appeal and/or post-conviction litigation of death penalty cases or cases where the death penalty was sought but not imposed which does not meet the levels detailed in paragraph D.2.a above; or approved
PENDING-Standards-for-Defending-Attorneys_edition-2018.docx