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.”