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File #: 18-210    Version: 1
Type: Rules Proposal Status: Passed
File created: 10/9/2018 In control: Judicial Council
On agenda: 11/30/2018 Final action: 11/30/2018
Title: Rules and Forms: Qualifications of Counsel for Appointment in Death Penalty Appeals and Habeas Corpus Proceedings (Action Required)
Attachments: 1. 20181130-18-210
Title
Title
Rules and Forms: Qualifications of Counsel for Appointment in Death Penalty Appeals and Habeas Corpus Proceedings (Action Required)
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Summary
Summary
To achieve competent representation without unduly restricting the pool of attorneys willing and able to accept appointment in death penalty appeals and habeas corpus proceedings, the Proposition 66 Rules Working Group recommends the adoption of two new rules and amendments to two existing rules relating to qualifications of counsel. These proposed rule changes are intended to partially fulfill the Judicial Council's obligation under Proposition 66 to reevaluate the competency standards for the appointment of counsel in death penalty direct appeals and habeas corpus proceedings. This proposal is submitted concurrently with a separate report to the Judicial Council containing the working group's proposal for related rules regarding the vetting and appointment of counsel for death penalty-related habeas corpus proceedings in the superior courts.
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Recommendation
Recommendation
The Proposition 66 Rules Working Group recommends that the Judicial Council, effective April 25, 2019:

1. Adopt Cal. Rules of Court, rule 8.601, to provide definitions for terms used in the rules addressing qualifications of counsel for death penalty appeals and habeas corpus proceedings, and specifically to:
a. Include the terms and definitions currently set forth in existing rules 8.600(e) and 8.605(c)(1)-(5);
b. Amend the definition of "associate counsel" and the advisory committee comment thereto, to delete, as unnecessary, language regarding specific duties of counsel;
c. Amend the definition of "assisting counsel or entity" to add "a Court of Appeal district appellate project" to the list of possible assisting entities;
d. Further amend the definition of "assisting counsel" to clarify that an assisting counsel:
* Must be an experienced capital appellate counsel or habeas corpus practitioner;
* In an automatic app...

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