More than a year after the American Bar Association overwhelmingly passed guidelines to raise the quality of defense counsel in death penalty cases, no state has adopted the standards and the ABA continues to voice concern that trials are proceeding under “a system that is desperately broken.” Although the ABA does not take a position on capital punishment other than their opposition to executing juveniles and those with mental retardation, the organization’s 2002 guidelines delineate the responsibilities of counsel and of states and the federal government to individuals from the moment of arrest through, if necessary, clemency proceedings. Attorney competence and attorney independence are key elements of the guidelines, as is the establishment of an independent appointing authority. The ABA, which has called for a moratorium on executions until concerns about innocence and fairness are addressed, says that states should embrace the full package of recommendations in order to correct current problems and ensure accuracy. Some states have voiced concern over increased costs that may accompany the reforms. “It’s tempting to say some change is better than none, but it’s like trying to fix a broken-down car with new tires. It would not bring about the overhaul of the capital defense system that is urgently needed,” said Robin Maher, director of the ABA Death Penalty Representation Project. (National Law Journal, January 5, 2004). See DPIC’s report With Justice for Few: The Growing Crisis in Death Penalty Representation.