Friday, November 30, 2018

New Rules re Appointed Counsel for Death Penalty Cases

Council Adopts New Rules onAppointed Counsel in Death Penalty Review Cases
Rule changes will help implement Prop. 66, passed by voters to change the procedures for the review of death penalty cases.haring Buttons

The Judicial Council at its November 29–30 meeting approved changes to rules of court that govern appointed counsel in death penalty appeals and habeas corpus proceedings. One revision modifies qualification requirements for appointed attorneys in habeas corpus proceedings, including the number of years practicing law, legal and case experience, and training. The second revision creates new rules related to the vetting and appointment of attorneys for death penalty–related habeas corpus proceedings heard in the superior courts. “One of our goals is to achieve competent representation without unduly reducing the number of attorneys willing and able to handle these complex cases,” said Justice Dennis M. Perluss, chair of the working group appointed earlier this year to implement aspects of Prop. 66 that impact court functions. “Another goal is to support trial courts now tasked with appointing death penalty counsel in habeas corpus proceedings. These are new procedures, and we anticipate making improvements and refinements as we move forward.”