Practice Standards 2019

INDEX

TABLE OF CONTENTS

• I. Introduction
  1. Purpose
  2. Application
  3. Discrimination

• II. Case Selection
  1. Nature of Case
  2. Publicizing of Services

• III. The Attorney-Client Relationship
  1. Nature of Representation
  2. Initial Contact
  3. Duration of Representation
  4. Conflicts of Interest
  5. Conflict Cases

• IV. Administration of Defender Services
  1. Attorney-Client Communication
  2. Delivery of Services
  3. Accounting and Billing System
  4. Performance Evaluations
  5. Proficiency Determination for Contract Attorneys

• V. Caseloads
  1. Governing Principle
  2. Caseload Evaluation

• VI. Qualifications and Duties of Counsel
  1. General Duties of Defense Counsel
  2. Obligations of Counsel Regarding Pretrial Release
  3. Counsel’s Interview with Client
  4. Counsel’s Duty in Pretrial Release Proceedings
  5. Counsel’s Duties at Preliminary Hearing
  6. Duty of Counsel to Conduct Investigation
  7. Formal and Informal Discovery
  8. Development of a Theory of the Case
  9. The Duty to File Pretrial Motions
  10. Preparing, Filing, and Arguing Pretrial Motions
  11. Continuing Duty to File Pretrial Motions
  12. Duty of Counsel in Plea Negotiation Process
  13. The Process of Plea Negotiations
  14. The Decision to Enter a Plea of Guilty
  15. Entering the Negotiated Plea before the Court
  16. Counsel’s Duty of Trial Preparation
  17. Jury Selection
  18. Opening Statement
  19. Preparation for Challenging the Prosecution’s Case
  20. Presenting the Defendant’s Case
  21. Preparation of the Closing Argument
  22. Jury Instructions
  23. Obligations of Counsel at Sentencing Hearing
  24. Sentencing Options, Consequences and Procedures
  25. Preparation for Sentencing
  26. The Prosecution’s Sentencing Position
  27. The Sentencing Process
  28. A Motion for a New Trial
  29. The Defendant’s Right to an Appeal
  30. Defendant’s Right to Apply to the Sentence Review Panel
  31. Defendant’s Right to Postconviction Relief
  32. Representation in Ancillary Proceedings

• VII. Standby Counsel in Criminal Cases
  1. Duties of defense counsel acting as standby counsel
  2. Assumption of representation of the Defendant

• VIII. Facilities and Support Services
   
• IX. Compensation
   
• X. Representation Standards for Appellate Advocacy
  1. Training
  2. Handling the Case

• XI. Representation Standards for Postconviction Proceedings
  1. Appointment
  2. Training
  3. Handling the Case

• XII. Representation Standards for Sentence Review
  1. Training
  2. Handling the Case

• XIII. Standards for Representation of Youth in Youth Court Proceedings
  1. Training
  2. Case Preparation
  3. Handling the Case
  4. Youth Subject to Jurisdiction of District Court

• XIV. Representation of a Respondent in a Proceeding for Involuntary Commitment – Mental Illness
  1. Training and Competency
  2. Case Preparation
  3. Court Proceedings

• XV. Representation of a Respondent in a Proceeding for Involuntary Commitment – Serious Developmental Disability
  1. Training and Competency
  2. Case Preparation
  3. Court Proceedings

• XVI. Representation of a Minor Who is Voluntarily Committed to a Mental Health Facility Under §53-21-112, MCA
  1. Training and Competency
  2. Case Preparation
  3. Handling the Case

• XVII. Representation of Parents in Dependent/Neglect Cases
  1. Training
  2. Case Preparation
  3. Handling the Case

• XVIII. Representation of a Respondent in a Guardianship or Conservatorship Proceeding
  1. Training and Competency
  2. Case Preparation
  3. Court Proceedings

• XIX. Representation of Persons in a Proceeding to Determine Parentage Under the Uniform Parentage Act
  1. Training and Competency
  2. Handling the Case

• XX. Representation of Parents or a Guardian in a Proceeding for the Involuntary Commitment of a Developmentally Disabled Person
  1. Training and Competency
  2. Handling the Case

• XXI. Representation of a Respondent in a Proceeding for Involuntary Commitment – Alcoholism
  1. Training and Competency
  2. Case Preparation
  3. Court Proceedings

• XXII. Representation of Children in Dependent/Neglect Cases
  (Expressed Wishes)
  1. Definitions
  2. Training
  3. Qualifications of the Child's Lawyer
  4. Duties of Child's Lawyer and Scope of Representation
  5. Case Preparation
  6. Handling the Case

• XXIII. Representation of Court Appointed Special Advocates and Guardians Ad Litem in Dependent/Neglect Cases
  1. Training
  2. Case Preparation
  3. Handling the Case
  4. Attorney Work Product and Testimony