Idaho State Public Defense Commission

Idaho State Public Defense Commission

Application for Inclusion on

Capital Counsel Roster

Prior to completing this application, please review IDAPA 61.01.07, Standards for Defending Attorneys, current edition, and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases.

Please attach the following to your application:

1) Resume,

2) Statement of interest and relevant experience not to exceed 750 words,

3) Two substantial, original writing samples, one of which should be a pleading or brief filed in court, and

4) Four references, including one prosecutor, one defense attorney and one judge.

The application and attachments may be submitted by e-mail to: with subject line: Capital Counsel Roster Application.

I herewith apply for inclusion on the Capital Defense Roster. Check box or boxes that apply:

Lead counsel for trials. (See Section A)

Lead counsel for appeals and post-conviction cases. (See Sections A and D)

Alternate basis for qualifying for lead counsel for trials. (See Section C)

Alternate basis for qualifying for lead counsel for appeals and post-conviction cases. (See Section E)

Co-counsel for trials. (See Section B)

Alternate basis for qualifying as co-counsel for trials. (See Section C)

GENERAL INFORMATION

Name / Application Date
Firm/PD Office / Size of Firm/Office
Address
City/State Zip
Telephone / Email
County Representing / ID State Bar No.

Have you been a member in good standing of the Idaho State Bar for at least five years immediately preceding the date of this application? ______

List any other states where you are licensed to practice last (please provide dates and license number and indicate whether your status is active or inactive):

______

______

Support staff, if any, available to work on capital case (investigators, paralegals, etc.):

______

Has any disciplinary action been taken against you by any jurisdiction, including but not limited to disbarment, suspension or reprimand? If so, state the nature of the charge involved and the full facts, including documents verifying the disposition of the matter and the name and address of the person or agency in possession of the permanent records.

Yes No

______

______

Has any court ever found that you failed to provide a client with the effective assistance of counsel as required by the Sixth Amendment to the United States Constitution?

Yes No

If yes, please provide details including case number (attach a separate sheet if necessary):

______

______

Please list any language(s) you speak (in addition to English) with sufficient proficiency to communicate with clients and witnesses without the assistance of an interpreter:

______

______

Please list any professional honors you have received, the date received, and any relevant details:

______

______

In which districts or counties would you like to be considered for appointment as trial counsel in capital cases?______

State the approximate percentage of your practice devoted to:

Criminal Cases ______% Civil Cases ______%

Do you now have, or have you ever had, a contract with a government entity or agency to represent indigent criminal defendants, or served on a panel from which lawyers are appointed to represent indigent criminal defendants?

Yes No

If yes, please specify the contracting or appointing entity, nature of contract or work performed and duties:

______

______

Have you ever been terminated or suspended from a contract or panel relating to representation of indigent defendants, or denied appointment as a panel member or award of a contract for which you applied, for any reason relating to qualifications or conduct?

Yes No

If yes, please provide complete details:

______

______

Please list the professional organizations to which you belong:

Membership/Organization / Dates / Responsibilities

A. LEAD COUNSEL FOR TRIALS

NOTE:Attorneys who qualify as lead counsel for trials are automatically included on the roster of lead counsel for appeal and post-conviction cases. If you wish to qualify solely as lead counsel for appeals and post-conviction cases independent of the lead counsel for trials category, please complete section D. LEAD COUNSEL FOR APPEAL/POST-CONVICTIONS.

1.Training. I have attended and successfully completed at least _____ hours of PDC approved training or education programs which focus on capital cases within the two-year period immediately preceding the date of this application, and herewith attach a statement showing the date, sponsor, and description of the training or education program.

2.Experience.

(a)I am an active trial practitioner with ______years of litigation experience in criminal defense.

(b)I have served as lead counsel in no fewer than _____ felony jury trials of cases which were tried to verdict.

(c)I have served either as lead counsel or co-counsel in _____ case(s) in which the death penalty might have been imposed and which was/were tried to completion or served as lead counsel in the sentencing phase of _____ death penalty case(s).

(d)With regard to your criminal litigation experience, please state:

(1)The approximate number of felony criminal cases which you tried to verdict, including the number of jury trials involving a murder charge:______

(2)The case names, case number, jurisdictions, and courts of at least ten of the above cases:

No. / Case Name / Case No. / Jurisdiction / Court
1
2
3
4
5
6
7
8
9
10

(e)Please list, by case name and number, your three most recent jury trials in which you appeared as counsel of record.

No. / Case Name / Case No. / Jurisdiction / Court
1
2
3

(f)Please describe any criminal law experience not referenced above.

______

______

(g)Are you familiar with the rules of practice and procedure of the courts of the state of Idaho which are applicable to criminal cases, including the Idaho Criminal Rules and Idaho Rules of Evidence?

Yes No

Describe briefly how you became familiar with these rules.

______

______

(h)Are you experienced in the utilization of expert witnesses and evidence, including psychiatric and forensic evidence? If so, please describe from 1 to 3 significant examples of your experience, including the case name and number, jurisdiction and a summary of the issues involved.

Yes No

______

______

______

______

(i) Please certify by initials that you are familiar and compliant with Idaho’s Standards for Defending Attorneys, current edition. ______ Initials

(j) Please certify by initials that you are familiar with and agree to utilize the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases. ______ Initials

B. CO-COUNSEL FOR TRIALS

1.Training. I have attended and successfully completed at least _____ hours of PDC approved training or education programs which focus on capital cases within the two-year period immediately preceding the date of this application and herewith attach a statement showing the date, sponsor, and description of the training or education program.

2.Experience.

(a)I am an active trial practitioner with ______years of litigation experience in criminal defense.

(b)I have prior experience as lead counsel in _____ felony jury trials which were tried to completion.

(c)With regard to your criminal litigation experience, please state:

(1)The approximate number of felony criminal cases which you tried to verdict, including the number of jury trials involving a murder charge:______

(2)The case name, number, jurisdictions, and courts for at least five of the above cases.

No. / Case Name / Case No. / Jurisdiction / Court
1
2
3
4
5

(d)Please list, by case name and number, the two most recent jury trials in which you appeared as counsel of record.

No. / Case Name / Case No. / Jurisdiction / Court
1
2

(e)Are you familiar with the rules of practice and procedure of the courts of the state of Idaho which are applicable to criminal cases, including the Idaho Criminal Rules and Idaho Rules of Evidence?

Yes No

Describe briefly how you came to be familiar with these rules.

______

______

(f)Are you experienced in the utilization of expert witnesses and evidence, including psychiatric and forensic evidence? If so, please describe at least one significant examples of your experience, including the case name and number, jurisdiction and a summary of the issues involved.

Yes No

______

______

(g) Please certify by initials that you are familiar and compliant with Idaho’s Standards for Defending Attorneys, current edition. ______ Initials

(h) Please certify by initials that you have are familiar with and agree to utilize the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases. ______ Initials

C. ALTERNATIVE BASIS FOR QUALIFYING AS LEAD COUNSEL OR CO-COUNSEL FOR TRIALS

1.Please describe your criminal trial experience, including any death penalty cases you have participated in as lead counsel or co-counsel. Include the case name, case number, jurisdiction, and court of any death penalty cases you describe.

______

______

______

______

No. / Case Name / Case No. / Jurisdiction / Court
1
2
3
4
5

2.Please describe your civil litigation experience.

______

______

______

3.Please describe your specialized post-graduate training in the defense or prosecution of persons accused of capital crimes.

______

______

______

4.Please describe the availability of ongoing consultation support from experienced death penalty counsel.

______

______

______

D. LEAD COUNSEL FOR APPEAL / POST-CONVICTIONS

NOTE:Attorneys who qualify as lead counsel for trial are automatically included on the roster of lead appeal and post-conviction counsel. If you seek to qualify as lead appeal counsel / post-conviction counsel independent of the lead counsel for trials designation, please provide the following information:

1.I have attended and successfully completed at least _____ hours of PDC approved training or education programs which focus on capital cases within the two-year period which immediately precedes the date of this application. Please attach a statement showing the date, sponsor, and description of the training or education program.

2.I am an active post-conviction and appellate practitioner with at least _____ years’ experience in criminal defense.

3.I have served as court-appointed or retained counsel in the appeal or the post-conviction reviews of _____ case[s] in which the death penalty was imposed, and/or served as counsel in _____ habeas corpus death penalty case[s] in federal court.

4.With regard to your criminal appellate and post-conviction experience, please state:

(a) The approximate number of appeals in which you appeared as counsel of record, including the number of appeals involving a murder conviction and the number involving a death penalty conviction:______;

(b) The approximate number of post-conviction proceedings in which you appeared as counsel of record and which resulted in an evidentiary hearing, including the number of proceedings involving a murder conviction and the number involving a death penalty conviction:______;

(c) The number of oral arguments on appeal and post-conviction appeals in which you participated:______; and

Please list, by case name and number, the five most recent appeals and post-conviction proceedings in which you appeared as counsel of record, including any particularly significant cases that you have handled.

No. / Case Name / Case No. / Jurisdiction / Court
1
2
3
4
5

5.Are you familiar with the rules of practice and procedure of the courts of the state of Idaho which are applicable to criminal appeals, including the Idaho Appellate Rules and Idaho Rules of Evidence?

Yes No

Describe briefly how you came to be familiar with these rules.

______

______

6.Are you familiar with the rules of practice and procedure of the courts of the state of Idaho which are applicable to post-conviction cases, including the Idaho Rules of Civil Procedure and Idaho Rules of Evidence?

Yes No

Describe briefly how you came to be familiar with these rules.

______

______

7. Please certify by initials that you are familiar and compliant with Idaho’s Standards for Defending Attorneys, current edition. ______ Initials

8. Please certify by initials that you have are familiar with and agree to utilize the performance standards in the current American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases and Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases. ______ Initials

E. ALTERNATIVE BASIS FOR QUALIFYING AS APPEAL / POST-CONVICTIONS COUNSEL

1.Please describe your criminal trial experience including any appeals or post-conviction proceedings involving death penalty conviction. Include the case name, jurisdiction, and court of any death penalty conviction appeals, or post-conviction proceeding(s) you describe.

______

______

______

______

2.Please describe your civil litigation experience.

______

______

______

______

3.Please describe your specialized post-graduate training in the defense or prosecution of persons accused of capital crimes.

______

______

______

______

4.Please describe the availability of ongoing consultation support from experienced death penalty counsel.

______

______

______

______

CERTIFICATE

State of ______)

) ss.

County of ______)

To the Idaho State Public Defense Commission:

______(Initial) 1.I authorize all persons, firms, officers, corporations, organizations, associations (including Bar Associations of other jurisdictions) State or Federal agencies andinstitutions to furnish to the Capital Counsel Review and Recommendation Committee or any of its authorized representatives, all relevant documents, records or other information that may be requested in investigation of this application.

______(Initial) 2.I authorize the Capital Counsel Review and Recommendation Committee to consult with any persons who may have information relating to my professional qualifications, credentialsor character, ethics, behavior, or any other matter reasonably bearing on the criteria for initial and continued review of my qualifications to serve as capital counsel. I further agree that all information received by the Committee shall be treated confidentially and that I have no right of access to information received by the Committee from third parties. I specifically waive any right to review any reference or other evaluations made to the Committee, whether solicited by the Committee or me. In addition, I agree not to seek discovery of such references and evaluations, formally or informally, in any legal proceeding or otherwise.

______(Initial) 3.I release, discharge and exonerate the Capital Counsel Review and Recommendation Committee, its members, agents or representatives, and any person furnishing informationand evaluations to the Committee, from any and all liability of every nature and kind arising from the investigation and evaluations of my application.

I, ______, being first duly sworn, state that:

I am the applicant who has signed this application for the placement of my name on the roster of defending attorneys who have been determined to be qualified to represent indigentdefendants in capital cases maintained by the PDC in accordance with Indigent Defense Standards promulgated by the PDC. By signing this application, I certify that I have fulfilled the requirements of said rule for placement on the roster in the category under which I have applied.

I fully realize that the determination as to whether I am placed on the Capital Defense Roster depends on the truth and completeness of my answers as set forth in this application and any statements attached. To my knowledge, the answers and information which I have supplied in connection with this application are true and complete.

Date:______Applicant's Signature ______

Subscribed and sworn to before me this _____ day of ______, 20_____.

(SEAL)Notary Public for

Residing at

My Commission Expires