Arkansas
Public Defender Commission
Minimum Standards
|
| Attorney
Qualifications |
| Certification
criteria: |
(1)
|
An
attorney shall be certified for D and C felonies, misdemeanor,
juvenile, guardianship, mental health cases, traffic cases punishable
by incarceration and all contempt proceedings punishable by
incarceration, if the attorney has requested certification and
the attorney is admitted and in good standing with the state
bar of Arkansas. |
(2)
|
An
attorney shall be certified for felony cases involving a felony
offense bearing a maximum penalty of 30 years, if: |
| a. |
The
attorney has requested certification; |
| b. |
The
attorney is admitted to and in good standing with the state
bar of Arkansas; and |
| c. |
Either,
within the past 3 years.: |
| |
1. |
Has
served one year as a prosecutor; |
| |
2. |
Has
served one year as a public defender; |
| |
3. |
Has
been trial counsel alone of record in 5 misdemeanor cases which
were actually tried to conclusion. |
| |
4. |
Has
been trial counsel alone in 2 felony cases; or |
| |
5. |
Has
been trial counsel alone or with other trial counsel and handled
significant portion of the trial in 2 cases, civil, criminal,
or juvenile, that have been tried to a jury to final resolution.
|
| d. |
Has
continuing legal education of twelve hours in criminal law.
There will be a one year grace period for persons who, within
the last preceding 12 months, have taken and passed the Arkansas
Bar Examination. |
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|
|
| (3)
|
An
attorney shall be certified for felony cases involving a possible
punishment of lO years to 40 years to life imprisonment, if,
in addition to the certification requirements of complex felonies
set out in the preceding section: |
| a. |
Meets
one of these standards: |
| |
1. |
The
attorney I s primary area of practice for the immediately preceding
year has been in criminal litigation; or |
| |
2. |
The
attorney has had significant experience within the three preceding
years in criminal litigation. |
| b. |
Meets
all of the following standards and requirements: |
| |
1. |
The
attorney has been lead counsel in at least two class Y or A
felonies or on class Y or A felony and one case involving a
homicide which was tried to final jury verdict, or has been
lead counsel in one such case and served as second chair throughout
another such trial. |
| |
2. |
The
attorney demonstrates compliance with these requirements by
submitting, for each case, the case name, date of trial, file
number, name of judge, prosecutor, and lead counsel and a short
description of the case and its primary issues. |
| |
3. |
The
attorney submits a quality writing sample, acceptable references
as requested, and a satisfactory disclosure of any instances
of public professional misconduct or criminal convictions. |
| |
4. |
The
attorney receives the recommendation of the Circuit Judges in
the Judicial District in which the attorney applies. |
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|
|
| Attorney
Eligibility Death Cases |
| Number
of Attorneys per case: In cases where the death penalty is sought,
two qualified attorneys shall be assigned to represent the defendant.
|
| A. |
Lead
trial counsel assignments: |
| |
1. |
Are
members of the bar admitted to practice in the jurisdiction. |
| |
2. |
2.
Are experienced and active trial practitioners with at1east
three years litigation experience in the field of criminal defense;
and |
| |
3. |
Have
prior experience as lead counsel in no fewer than five jury
trials of serious and complex cases where 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. The
attorney should have been lead counsel in at least two cases
in which the charge was murder or capital murder; or alternatively,
at least one was a murder or capital murder trial and an additional
two others were felony jury trials; and |
| |
4. |
Are
familiar with the practice and procedure of the criminal courts
of the jurisdiction; and |
| |
5. |
Are
familiar with and experienced in the utilization of expert witnesses
and evidence, including, but not limited to, psychiatric and
forensic evidence; and |
| |
6. |
Have
attended and successfully completed within one year from the
time of the promulgation of these minimum standards six hours
of continuing legal education in the defense of capital cases.
Further, in order to retain certification to try capital murder
cases, the attorney must maintain six hours of continuing legal
education in the defense of capital cases annually. |
| |
7. |
Have
demonstrated the necessary proficiency and commitment which
exemplify the quality of representation appropriate to capital
cases. |
| B. |
Trial
co-counsel assignments: |
| |
1. |
Are
members of the bar admitted to practice in the jurisdiction.
; and
|
| |
2. |
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 two
years litigation experience in the field of criminal defense;
and |
| |
|
b. |
have
prior experience as lead counselor co- counsel in no fewer than
three jury trials, at least two of which were trials in which
the charge was murder; or alternatively, of the three jury trials,
at least one was a 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
attended and successfully completed within one year from the
time of the promulgation of these minimum standards six hours
of continuing legal education in the defense of capital cases.
Further, in order to retain certification to try capital murder
cases, the attorney must maintain six hours of continuing legal
education in the defense of capital cases annually. |
| |
|
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 trial or litigati
experience, if it is clearly demonstrated to the appointing
authority that competent representation will be provided. Lawyers
appointed under this paragraph shall meet one or more of the
following qualifications: |
| |
1. |
Experience
in the trial of death penalty cases which does not meet the
levels detailed in paragraphs A or B above; |
| |
2. |
Specialized
post-graduate training in the defense of persons accused of
capital crimes; |
| |
3. |
The
availability of ongoing consultation support from experienced
death penalty counsel. |
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|
|
|
| Appeal
of certification decisions. |
| |
|
(1) |
The
executive director shall notify each attorney who has submitted
a certification application of the counties or county and categories
for which the attorney is eligible. Upon request by that attorney,
the executive director shall inform the attorney excluded from
a particular list of the reasons for the exclusion and the manner
by which the attorney may appeal the decision or reapply for
certification. |
| |
|
(2) |
An
attorney may appeal the executive director's certification decision
by mailing a letter of appeal to the Arkansas Public Defender
Commission within 30 days of the notice of exclusion. The attorney
shall state in the . letter the certification from which the
attorney has been excluded. The letter shall also state the
reasons the attorney believes the exclusion was improper and
provide any supporting documentation. |
| |
|
(3) |
Upon
receipt of an appeal letter, the Commission shall place the
matter on the agenda of the next Commission meeting, unless
the meeting is less than 10 days from the receipt of the appeal
letter , in which case the matter may be scheduled for the following
meeting. The Commission shall, at least lO days prior to hearing,
inform the attorney of the time and place of the board meeting
at which the appeal will be considered. |
| |
|
(4) |
The
executive director shall transmit to the Commission and the
attorney an material relied upon in reaching the certification
decision, including the certification application and all written
comments received. |
| |
|
(5) |
The
attorney may request that the executive director reproduce and
submit to the board material relevant to the appeal. The hearing
before the board is to be conducted in accordance with procedures
as set forth in Ark. Code Ann. sec. 25-15-208. |
| |
|
(6) |
The
Commission may deliberate the matter in executive session. The
Commission shall issue a written decision either affirming or
reversing, or modifying the certification decision. The written
decision shall be mailed to the attorney within 20 days of the
meeting and shall be signed by the chairperson of the Commission.
|
| |
|
(7) |
The
Commission's decision shall constitute findings of fact and
conclusions of law within the meaning of Ark. Code Ann. sec.
25-15-210. |
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|
| Removal
from certification lists for cause. |
| |
|
(1) |
Any
interested party, on his or her own motion, may request, in
writing, that an attorney, previously certified to accept cases,
be removed for cause. Upon receipt of a request, the executive
director may suspend the attorney from certification or may
refer the attorney to the Commission with a recommendation for
removal. |
| |
|
(2) |
Upon
a recommendation for removal, or following the suspension of
any attorney and the attorney I s request for review, the Commission
shall review the investigation and recommendation. Upon request
of the attorney prior to its review, the Commission shall conduct
a hearing at which time the attorney in question may be heard
and produce evidence in defense thereof. Upon a finding of cause,
the commission may remove the attorney or confirm the suspension.
The Commission shall render a decision within 60 days of the
hearing. |
| |
|
(3) |
Any
attorney removed for cause may petition a circuit court for
review of the decisions of the Commission pursuant to the provisions
of Ark. Code Ann. sec. 25-15-212. |
| |
|
(4) |
The
Commission may, in its discretion, appoint any number of its
members to conduct the hearing and to report the findings and
recommendations to the entire commission for its decision. |
| |
|
|
|
| Voluntary
removal. |
|
Any
attorney may request to be removed from any certified list for
a specified period of time, and the executive director shall
remove the attorney until notified in writing by the attorney
that the attorney wishes to be placed back on the list. If an
attorney is inactive for more than 3 years, the attorney shall
reapply for certification. |
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| Access
to files. |
| |
|
(1) |
The
executive director may not disclose to any person except the
subject, any comments made by any person who has initiated or
responded to an inquiry relating to the fitness of an attorney
for certification, unless ordered to do so by the Commission
or by a court. |
| |
|
(2) |
Only
certified lists, Commission proceedings and decisions under
these rules shall be considered public documents and open to
public inspection. |
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|
|
|
| Public
defender; contract; terms. |
| |
|
(1) |
The contract
negotiated between the county and the contracting attorney should
specify the categories of cases in which the contracting attorney
is to provide services |
| |
|
(2) |
The
contract negotiated between the county and the contracting attorney
should be awarded for a least a two year term. Removal of the
contracting attorney short of the agreed term may be for good
cause only. |
| |
|
(3) |
The contract
should specify a maximum allowable caseload for each full- time
or part-time attorney who handles cases under the contract.
Caseloads should allow each lawyer to give every client the
time and effort necessary to provide effective representation.
The following should be maximum allowable caseload recommendation
per attorney per year with the first column representing full-time
attorneys and the second column representing part-time attorneys:
|
| |
|
|
| Capital
Murder |
2 |
1
|
| Murder
|
10 |
5 |
| y
Felony |
20 |
10 |
| A
Felony |
30 |
15 |
| B
& C Felony |
60 |
30 |
| B
& C Habitual |
50 |
25 |
| D
Felony |
120 |
60 |
| Misdemeanor |
200 |
100
|
| Juvenile |
120 |
60 |
| Probation
violation |
120 |
60 |
| Mental
Health |
120 |
60 |
|
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|
|
|
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|
(4) |
The
contract should provide the contracting attorney be compensated
at a minimum rate which reflects the following factors: |
| |
|
|
(a)
customary compensation in the community . |
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|
|
(b)
time and labor required to be spent by the attorney |
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|
|
(c)
degree of professional ability skill, and experience called
for and performance of the services. |
| |
|
(5) |
The
contract shall provide that the contracting attorney may decline
to represent clients at no reduced compensation if the attorney
is assigned . more cases which require an extraordinary amount
of time and preparation. |
| |
|
(6) |
The
contract shall provide that the contracting attorney, if full-time,
receive at least 12 hours of continuing legal education in the
area of criminal law annually beginning one year from the date
of the promulgation of these rules. Part-time attorneys shall
receive 6 hours of continuing legal education in the area of
criminal law annually beginning one year from the date of the
promulgation of these rules. |
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