Nevada Supreme Court Issues New Death Penalty Representation Standards

 

January 14, 2008

The Nevada Supreme Court recently issued new standards for indigent defense counsel, including special provisions for capital cases that address all facets of death penalty proceedings, from the selection of the public defenders to post-conviction appeals. Key standards regarding death penalty cases from the 72-page document include:

  • The defense team should consist of no fewer than two attorneys…and contain at least one member qualified by training and experience to screen individuals for the presence of mental or psychological disorders or impairments
  • Each capital defendant within the jurisdiction [should] receive high-quality legal representation.
  • Funds should be made available for the effective training, professional development, and continuing education of all members of the defense team, whether the members are employed by an institutional defender or are employed or retained by counsel appointed by the court.
  • Counsel in death penalty cases should be fully compensated at a rate that is commensurate with the provision of high-quality legal representation and reflects the extraordinary responsibilities inherent in death penalty representation.
  • The workload of attorneys representing defendants in death penalty cases [should be] maintained at a level that enables counsel to provide each client with high-quality legal representation in accordance with the Nevada Indigent Defense Standards of Performance.

The changes in representation standards were prompted by the heavy caseloads public attorneys in the state’s most populated counties (Clark and Washoe) oversee. According to the Reno Gazette-Journal, the average public defender in both counties manages over 325 felony and gross demeanor cases. The National Legal Aid and Defender Association recommends that public defenders manage around 150 cases. The Nevada Supreme Court ordered that Clark and Washoe Counties study the current caseloads in order to determine whether limits are needed.
(See Editorial, “Supreme Court order confirms importance of public defenders,” Reno Gazette-Journal, January 9, 2008). Read the Nevada Supreme Court's standards here.

 

Source: Death Penalty Information Center

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