State Legislation, Court Rules, and Standards Relating to Capital Case Representation Experience and Training
E = Experience requirement; T = Training requirement
| State | Law | Rule | Standards/ Guidelines | State Capital Defender Agency | No Death Penalty |
| AL | |||||
| AK | Yes | ||||
| AZ | Yes: E,T | ||||
| AR | Public Defender
Commission.
Yes: E, T |
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| CA | Yes:
E
Appeals/ Postconviction |
State Public Defender handles appeals; Habeas Corpus Center handles post-conviction. Court rule applies to both. | |||
| CO | Public Defender.
Practice is to appoint experienced, competent attorneys for trial and appeal |
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| CN | Public Defender.
Practice is E, T |
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| DE | Public Defender.
Civil service rules require experience; practice is to appoint attorneys experienced in capital cases |
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| DC | Yes | ||||
| FL | Yes: E | Yes soon E, T | Post-Conviction Center
(3 regional).
Uses proposed Supreme Court rule for hires |
||
| GA | Yes: E, T | Yes: E, T | Multicounty Public Defender. Yes: E, T | ||
| HA | Yes | ||||
| ID | Yes:
E, T
Trial/Appeal |
Appellate Public
Defender.
Court rule applies to office |
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| IL | Appellate Defender.
Practice is for experience |
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| IN | Yes: E, T Trial/Appeal | Yes: E | Public Defender.
(handles postconviction) |
||
| IA | Yes | ||||
| KS | Yes: E, T | Yes: E, T Trial/Appeal | Indigent Defense
Services.
No policy; practice is for experience |
||
| KY | Department of Public
Advocacy, special unit.
Policy: goal is to meet ABA standard |
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| LA | Yes: E, T | Yes:
E, T
Trial/Appeal |
|||
| ME | Yes | ||||
| MD | Public Defender, special
unit.
Uses list of experienced attorneys |
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| MA | Yes | ||||
| MI | Yes | ||||
| MN | Yes | ||||
| MS | Public Defender Authorized | ||||
| MO | Yes: E, T | Public Defender
System.
Court rule applies to contract attorneys. Pay classification scheme requires experienced attorneys in special unit |
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| MT | Yes:
E, T
Trial/ Postconviction |
Appellate Defense
Commission.
Court rule applies |
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| NE | Commission has own
standards.
Yes: E Trial/Appeal |
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| NV | Yes: E | Public Defender.
Court rule applies |
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| NH | Public Defender.
No policies |
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| NJ | Public Defender.
No policies; practice is to require experience |
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| NM | Public Defender.
Yes: Use ABA/NLADA for special unit and contract |
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| NY | Yes:
E, T
Trial/Appeal/ Postconviction |
Capital Defender's
Office.
Policy requires training; court rule also applies |
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| NC | Yes: E | Appellate Defender.
No policy. Indigent Defense Services Commission adopted policy for trial/appeal/postconviction experience |
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| ND | Yes | ||||
| OH | Yes: E | Yes: E | Public Defender.
Court rule applies |
||
| OK- | Indigent Defense
System.
Special trial unit |
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| OR | Yes: E, T | Indigent Defense
Services Division.
Yes: E, T Trial/Appeal/Postconviction Public Defender (Appellate). Has special unit; staff chosen based on length of experience and subjective measures |
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| PA | |||||
| RI | Yes | ||||
| SC | Postconviction:. E, T | Office of Appellate
Defense.
No policies; special unit |
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| SD | |||||
| TN | Yes:
E, T
Appeal/ Postconviction |
Postconviction
Defender.
Court rule applies per commission policy to director only. |
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| TX | |||||
| UT | Yes: E, T | ||||
| VT | Yes | ||||
| VA | Yes: E, T Trial/Appeal | ||||
| WA | Yes: E | ||||
| WV | Yes | ||||
| WI | Yes | ||||
| WY | Public Defender.
No policies; special trial unit being established |