June 4



PENNSYLVANIA:

Court sets qualifications for death-penalty lawyers


For the 1st time, the state Supreme Court on Friday imposed minimum
qualifications for lawyers who represent defendants in death-penalty
cases.

Lawyers in capital cases will soon have to meet experience standards and
take specialized continuing-education courses.

"Little is more fundamental to the American system of justice than the
opportunity for defendants to be adequately represented, especially where
they face the ultimate penalty," Chief Justice Ralph J. Cappy said in a
statement. "My colleagues and I believe that these standards will serve
that goal by systematically defining minimum and uniform qualifications in
this specialized area of legal practice."

The requirements will be phased in over 18 months starting in November.

By May 2006, all defense attorneys in capital cases must have taken at
least 18 hours of training in death penalty representation, classes
approved by the state Continuing Legal Education Board.

Trial attorneys must have been lead or co-counsel in 8 "significant"
criminal cases tried to a verdict before a jury, although not necessarily
death-penalty cases. Appellate attorneys must have a similar level of
experience at the appeals level. "Significant" cases are defined as murder
- including manslaughter and vehicular homicide - as well as first- and
second-degree felonies.

Under the requirements, lawyers in capital cases also must have at least 5
years' experience in criminal trial litigation.

(source: Associated Press)


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