☰ In this section

The Champion

June 2010 , Page 20 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

Capital Defense Counsel’s Independent Duty to Inspect and Ensure That The Official Record of The Case Is Complete

By Rose Jade

Counsel at every stage have an obligation to satisfy themselves independently that the official record of the proceedings is complete and to supplement it as appropriate.
ABA Guideline 10.7(B)(2)

Subsection B(2) is … new and describes counsel’s ongoing obligation to ensure that the official record of proceedings is complete.
Commentary, ABA Guideline 10.7(B)(2)

According to Guideline 10.7(B)(2) of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases,1 each and every defense attorney representing a death penalty client has a plain duty to personally make sure that the official record of the proceeding is complete. This duty cannot be delegated; by the plain text of the Guideline, it is a duty imposed directly and personally on anyone acting as counsel.

As a consequence of Guideline 10.7(B)(2), capital defenders are now required to (1) learn and understand the court’s case file management system, (2) have an ongoing, correct,

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or idominguez@nacdl.org
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.
Advertisement Advertise with Us

In This Section

Advertisement Advertise with Us