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Sunday, January 01, 2006
Ind. Courts - Attorneys must qualify for death penalty trials
"Capital cases tax public defenders: Attorneys must qualify for death penalty trials" is the headline to an extended story today by Sara Eaton in the Fort Wayne Journal Gazette. Some quotes:
Just as there are requirements under Indiana law for the types of cases in which the death penalty can be sought, there are requirements for the attorneys who represent a person charged in such a case. * * *The Indiana Public Defender Commission established the standards for representing defendants facing the death penalty in November 1989. Allen Superior Court Judge Kenneth R. Scheibenberger served on the commission when the standards were developed. The standards are important to ensure quality representation for those whose lives are at stake, he said.
Before the standards were in place, many cases were overturned because of ineffective representation, which is part of what the commission wanted to change, Scheibenberger said.
Nationwide, more states have standards than those that don’t, but the overall concept has been an issue in the legal community for years, said Richard Dieter, executive director for the Death Penalty Information Center. The Washington-based non-profit organization completes research and analyzes information about the death penalty and related issues.
“The assumption was that if an attorney could represent any criminal case, then they could do a death penalty case,” Dieter said. That is changing nationwide. Thirty-eight states have the death penalty, according to the center. More states are developing standards, Dieter said. Dieter described Indiana’s system for appointment of attorneys in death penalty cases as pretty good.
To be a lead attorney in a death penalty case in Indiana, one must have at least five years of criminal litigation experience; have completed at least five felony trials; and have experience on at least one death penalty case. As co-counsel, attorneys must have at least three years criminal litigation experience; and at least three felony trials completed. Additionally, attorneys must complete 12 hours of training for death penalty defense every two years.
Posted by Marcia Oddi on January 1, 2006 07:46 AM
Posted to Indiana Courts