La. Admin. Code tit. 22, § XV-1359 - Motions

A. The attorney should file motions, responses or objections as necessary to zealously represent the client. The attorney should consider filing an appropriate motion whenever there exists a good faith reason to believe that the child client is entitled to relief that the court has discretion to grant. The attorney should file motions as soon as possible due to the time constraints of juvenile court.

B. The decision to file motions should be made after considering the applicable law in light of the known circumstances of each case.

C. Among the issues that counsel should consider addressing in a motion include, but are not limited to:

1. the pre-adjudication custody of the child client;

2. the constitutionality of the implicated statute or statutes (in which case counsel should be mindful that the Attorney General must be served with a copy of such a motion);

3. the constitutionality of the implicated statute or statutes;

4. the potential defects in the charging process;

5. the sufficiency of the charging document;

6. the propriety and prejudice of any joinder of charges or defendants in the charging document;

7. the discovery obligations of the state and the reciprocal discovery obligations of the defense;

8. the suppression of evidence gathered as the result of violations of the Fourth, Fifth or Sixth Amendments to the United States Constitution, state constitutional provisions or statutes, including:

a. the fruits of illegal searches or seizures;

b. involuntary statements or confessions;

c. statements or confessions obtained in violation of the child client's right to an attorney, or privilege against self-incrimination; or

d. unreliable identification evidence that would give rise to a substantial likelihood of irreparable misidentification.

9. the suppression of evidence gathered in violation of any right, duty or privilege arising out of state or local law;

10. in consultation with the child client, a mental or physical examination of the child client;

11. relief due to mental incapacity, incompetency, mental retardation or mental illness;

12. access to resources or experts who may be denied to the child client because of his or her indigence;

13. the child client's right to a speedy trial;

14. the child client's right to a continuance in order to adequately prepare his or her case;

15. matters of evidence which may be appropriately litigated by means of a pre-adjudication motion in limine;

16. motion for judgment of dismissal; or

17. matters of adjudication or courtroom procedures, including inappropriate clothing or restraints of the client.

18. matters related to the conditions under which the child client is confined, including the implementation of a program of education or other services while in confinement.

D. The attorney should withdraw a motion or decide not to file a motion only after careful consideration, and only after determining whether the filing of a motion may be necessary to protect the child client's rights, including later claims of waiver or procedural default. The attorney has a continuing duty to file motions as new issues arise or new evidence is discovered.

Notes

La. Admin. Code tit. 22, § XV-1359

Promulgated by the Office of the Governor, Public Defender Board, LR 37:2607 (September 2011), Amended LR 45412 (3/1/2019).

AUTHORITY NOTE: Promulgated in accordance with R.S. 15:148