Counsel should consider whether, and how appropriately, to augment the record with any other matters, documents or evidence relevant to effective prosecution of the client’s appeal. 9. Defense counsel should not publicly gloat or seek personal aggrandizement regarding a verdict or ruling. Each RDC oversees several Senior Defense Counsel (SDC), who manage field offices with the responsibility of providing defense services for a specific post, command, or area. (a) Defense counsel who withdraws from a representation at any stage of a criminal matter before its resolution should make reasonable efforts to assist the client in securing competent defense counsel as successor counsel, and to not leave the client unrepresented, unless the client otherwise directs. Defense counsel should demand that any such waiver include at the very least an exception for a subsequent showing of manifest injustice based on newly discovered evidence, or actual innocence. Collaborate with management to devise efficient defense strategies. the client is indigent, because in many jurisdictions appointed counsel may with- draw from a case only under extraordinary circumstances. Counsel should also consider and explain to the client how specific terms of an agreement are likely to be implemented. Register documents. the material on FederalRegister.gov is accurately displayed, consistent with (13) The Chief Defense Counsel shall administer the Civilian Defense Counsel pool, screening all requests for pre-qualification and ad hoc qualification, making qualification determinations and recommendations in accordance with 32 CFR part 9, this part, and 32 CFR part 14, and ensuring appropriate notification to an Accused of civilian attorneys available to represent Accused before a military commission. (2) A judge advocate shall be determined not to be available if assigned duties: as a general or flag officer; as a military judge; as a prosecutor in the Office of Military Commissions; as a judge advocate assigned to the Department of Defense Criminal Investigation Task Force or Joint Task Force Guantanamo; as a principal legal advisor to a command, organization, or agency; as an instructor or student at a service school, academy, college or university; or in any other capacity that the Judge Advocate General of the Military Department Start Printed Page 39391concerned may determine not to be available because of the nature or responsibilities of their assignments, exigent circumstances, military necessity, or other appropriate reasons. Register, and does not replace the official print version or the official Counsel should consider with the client the potential benefits of the judge hearing a personal statement from the defendants as contrasted with the possible dangers of making a statement that could adversely impact the sentencing judge’s decision or the merits of an appeal. The Commission's primary purposes are to: Make recommendations concerning standards for indigent defense services provided for defendants against whom the state has sought the death sentence under I.C. Anyone who has been charged with a crime in Massachusetts or in any other state should find defense counsel who is well versed in case law in that state or in that particular area of the law. The Office of the Chief Defense Counsel shall be a component of the Office of Military Commissions and shall be comprised of the Chief Defense Counsel, Defense Counsel, and other such persons properly under the supervision of the Chief Defense Counsel. Supervisory defenders should select and promote personnel based on merit and expertise, without regard to partisan, personal or political factors or influence. rendition of the daily Federal Register on FederalRegister.gov does not Before filing the brief, appellate counsel should ordinarily examine the docket sheet, all transcripts, trial exhibits and record documents, not just those designated by another lawyer or the client. Defense counsel should not discuss or exaggerate the potential criminal liability of a witness with a purpose, or in a manner likely, to intimidate the witness, to intimidate the witness, or to influence the truthfulness or completeness of the witness’s testimony, or to change the witness’s decision about whether to provide information. (a) If defense counsel anticipates that a client may engage in unlawful conduct, defense counsel should advise the client concerning the meaning, scope and validity of the law and the possible consequences of violating the law, and should advise the client to comply with the law. electronic version on GPO’s govinfo.gov. (a) Counseling the client: If defense counsel knows that the client possesses physical evidence that the client may not legally possess (such as contraband or stolen property) or evidence that might be used to incriminate the client, counsel should examine and comply with the law and rules of the jurisdiction on topics such as obstruction of justice, tampering with evidence, and protection for the client’s confidentiality and against self-incrimination. Counsel should request reconsideration of detention or modification of conditions whenever it is in the client’s best interests. Counsel should determine whether -- and if so, how best -- to notify the prosecution and court of such evidence. (c) Defense counsel should not unreasonably oppose requests for continuances from the prosecutor. Found inside – Page 47( 3 ) Detailed Defense Counsel shall have primary responsibility to prevent conflicts of interest related to the handling of the cases to which detailed . (b) Defense counsel should keep the client reasonably and regularly informed about the status of the case. (d) Defense counsel should not ask a question which implies the existence of a factual predicate for which a good faith belief is lacking. Defense counsel should timely respond to legally proper discovery requests, and make a diligent effort to comply with legally proper disclosure obligations, unless otherwise authorized by a court. Consistent with DoD Directive 5122.5 [1] Counsel should be knowledgeable about possible dispositions that are alternatives to trial or imprisonment, including diversion from the criminal process. This feature is not available for this document. 9. developer tools pages. Defense counsel must act zealously within the bounds of the law and applicable rules to protect the client’s confidences and the unique liberty interests that are at stake in criminal prosecution. Defense counsel should explain that the attorney-client privilege protects the confidentiality of communications with counsel except in exceptional and well-defined circumstances, and explain what the client can do to help preserve confidentiality. If counsel has evidence of innocence, mitigation, or other favorable information, defense counsel should discuss with the client and decide whether, going to the prosecution with such evidence is in the client’s best interest, and if so, when and how.. (e) Defense counsel should consider whether an opportunity to benefit from cooperation with the prosecution will be lost if not pursued quickly, and if so, promptly discuss with the client and decide whether such cooperation is in the client’s interest. Found insideThe Guiding Principles recognize that cases can arise in which defense counsel learns of coverage issues through confidential communications with the ... (b) Defense counsel should not knowingly propose, advise, or assist in a course of conduct which defense counsel knows to be criminal or fraudulent, but defense counsel may discuss the legal consequences of a proposed course of conduct with a client, and may counsel or assist a client in a good faith effort to determine the validity, scope, meaning, or application of the law. (ii) Any testing or examination should avoid, when possible, consumption of the item, and a portion of the item should be preserved and retained to permit further testing or examination. This work (Criminal Justice Standards) may be used for non-profit educational and training purposes and legal reform (legislative, judicial, and executive) without written permission but with a citation to this source. (b) Defense counsel’s preparation before sentencing should include learning the court’s practices in exercising sentencing discretion; the collateral consequences of different sentences; and the normal pattern of sentences for the offense involved, including any guidelines applicable for either sentencing and, where applicable, parole. (a) As an officer of the court, defense counsel should support the authority and dignity of the court by adherence to codes of professionalism and by manifesting a courteous and professional attitude toward the judge, opposing counsel, witnesses, jurors, courtroom staff and others. Unless the client clearly wants counsel to continue, counsel in this situation should seek to withdraw from further representation of the client with an explanation to the court of the reason, consistent with the duty of confidentiality to the client. DIVERSITY AND INCLUSION MISSION STATEMENT CPCS is committed to protecting the fundamental constitutional and human rights of our assigned clients through zealous advocacy, community-oriented defense . This new third edition offers the reader an expansive and practical guide to the many aspects of law. Presented in three sections, the book explains the practice of law through all phases of the criminal justice system. (a) When defense counsel becomes aware of credible and material evidence or law creating a reasonable likelihood that a client or former client was wrongfully convicted or sentenced or was actually innocent, counsel has some duty to act. (b) Defense counsel should not have an ongoing or regular referral relationship with any source (such as prosecutors, public defender programs, law enforcement personnel, bondsmen, or court personnel) when such an ongoing relationship is likely to create conflicting loyalties for the lawyers involved or an appearance of impropriety. The Chief Defense Counsel may not detail himself to perform the duties of Detailed Defense Counsel, nor does he form an attorney-client relationship with accused persons or incur any concomitant confidentiality obligations. Counsel acting as such a media commentator should make reasonable efforts to be well-informed about the facts of the matter and the governing law. About Us The United States Army Trial Defense Service (USATDS or TDS) is an independent unit within the Judge Advocate General's Corps, U.S. Army, and is part of the US Army Legal Services Agency (USALSA). See if you qualify! 727 East Dean Keeton St. Austin, Texas 78705 (512) 471-5151. True The right to the assistance of counsel for the accused is found _____. (a) An attorney whose assigned duty is to actively assist a pro se criminally accused person should permit the accused to make the final decisions on all matters, including strategic and tactical matters relating to the conduct of the case, while still providing the attorney’s best advice. Such steps may include: filing motions, including motions for reconsideration, and exhibits; making objections and placing explanations on the record; requesting evidentiary hearings; requesting or objecting to jury instructions; and making offers of proof and proffers of excluded evidence. Some duties of defense counsel run throughout the period of representation, and even beyond. (c) Referrals by one defense counsel to another should be based on merit, experience, competence for the particular matter, and other appropriate considerations. The Department does not provide legal assistance or lawyer referrals to individuals. 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