§ 15:169 — Representation of capital defendants

§169. Representation of capital defendants
A. In cases where a sentence of death has been imposed, the office shall promptly
cause counsel to be enrolled to represent the defendant and retain only such staff counsel or
other counsel, who will work under the supervision of the office, as are necessary to provide
counsel to represent capital defendants on direct appeal to the Supreme Court of Louisiana
and to seek post-conviction relief if appropriate in state and federal court. The office shall
also adopt rules regarding the provision of reasonably necessary services associated with the
proceedings, including investigative, expert, and other services. The rules shall require that
funds to pay for such reasonably necessary services shall be provided only upon a written
showing specifically identifying the nature of the services, the cost of such services, and the
need for such services with mandatory guidelines for compensation and litigation expense
maximums. The office may seek funding as is available under federal law or from other
public and private sources to cover the costs of providing representation in connection with
applications for post-conviction relief filed in state and federal court.
B. Staff counsel, or other counsel, who represented convicted capital defendants in
state court proceedings may, if authorized by the office, accept appointments from federal
court to represent those defendants, but only if compensation is provided by funds as directed
by the appointing federal court. Such funds shall remain subject to the use of the board and
may be used for paying the costs of such representation. No state-appropriated funds shall
be expended for the representation of capital defendants in federal court.
C. If in any fiscal year the state public defender determines, based on a review of
pending litigation of post-conviction relief applications for capital cases, that insufficient
funds exist to provide counsel for these cases; he may request supplemental funding, on a
case by case basis, from the Joint Legislative Committee on the Budget be distributed from
the Overcollections Fund. The state public defender and the attorney general shall each
submit a report to the committee prior to it taking action on a request.

Legislative History

Acts 2007, No. 307, §1; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024; Acts 2025, No. 393, §2.