According to the November 2006 edition of the Texas Bar Journal published by the State Bar of Texas, the State Bar has adopted a Texas version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases. The introduction to the Texas Guidelines follows:

On April 21, 2006, the Board of Directors of the State Bar of Texas adopted the Guidelines and Standards for Texas Capital Counsel. These guidelines and standards articulate the statewide standard of practice for the defense of capital cases in order to ensure high quality representation for all persons facing the death penalty in the State of Texas. The Guidelines and Standards for Texas Capital Counsel are a Texas-specific version of the American Bar Association’s Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, as drafted by the State Bar of Texas Standing Committee on Legal Services to the Poor in Criminal Matters. The adoption of these guidelines is an important accomplishment for the State Bar of Texas and the criminal justice system of the state.

Through its research in this area, the committee determined that a clear outline of necessary defense attorney per-formance standards in capital cases would benefit not only defendants, most of whom are indigent, but also the legal profession and the justice system as a whole. As the guidelines point out, successful representation requires conducting a factual investigation, often involving highly specialized forensic science, cultivating a range of witnesses, utilizing mitigation specialists highly trained in mental health and mental retardation issues, and making use of a team approach that combines members from several disciplines.

The committee, which includes defense attorneys, judges, prosecutors, and public members, determined the need for a comprehensive tool to guide counsel representing defendants in death penalty cases. To this end, the committee designed the Guidelines and Standards for Texas Capital Counsel, which provides detailed practice standards for com-petent representation in these critical cases.

The committee adapted the ABA’s guidelines to fit the needs of capital litigation in Texas. For example, recogniz-ing that some people facing the death penalty in Texas are citizens of other countries, a section was added detailing the additional obligations of counsel representing foreign nationals in capital cases. In addition, the committee included an expanded section instructing attorneys on how to adequately investigate and present a writ of habeas corpus in capital cases.

The Guidelines and Standards for Texas Capital Counsel provide guidance on the necessary qualifications of de-fense counsel and detail who should be included on a defense team. They warn that the workload of attorneys repre-senting defendants in death penalty cases must be monitored and that attorneys should give priority to death penalty clients. The guidelines detail the types of training defense counsel should obtain and also instruct attorneys on funding and compensation matters.

The guidelines then detail the steps counsel must take in trial preparation, the duty to seek an agreed-upon disposi-tion, and the special issues concerning the penalty stage of capital trials. The duties of post-trial counsel, including sepa-rate sections for direct appeal, habeas, and clemency counsel, are also presented. The guidelines extensively detail each of these duties, in an easy to understand, step-by-step style.

The committee appreciates the support of the State Bar of Texas Board of Directors in adopting the guidelines and standards. The committee is confident that these guidelines will elevate the quality of representation of indigent people, and all people, in capital cases in Texas.
(STATE BAR OF TEXAS: GUIDELINES AND STANDARDS FOR TEXAS CAPITAL COUNSEL: STANDING COMMITTEE ON LEGAL SERVICES TO THE POOR IN CRIMINAL MATTERS ADOPTED BY THE STATE BAR BOARD OF DIRECTORS APRIL 21, 2006, 69 Tex. B. J. 966 (2006)). See Representation .