Cal. R. 4.553

As amended through September 20, 2024

Rule 4.553 - Qualifications for appointed counsel for claims under section 1473(e) in noncapital case

(a)Purpose

This rule defines the minimum qualifications for appointment of counsel for a petition for writ of habeas corpus claim filed under section 1473(e) in a noncapital case in the superior court. These minimum qualifications are designed to promote competent representation in habeas corpus proceedings related to the California Racial Justice Act of 2020 and to avoid unnecessary delay and expense by assisting the courts in appointing qualified counsel. Nothing in this rule is intended to be used as a standard by which to measure whether a person received effective assistance of counsel. An attorney is not entitled to appointment simply because the attorney meets the minimum requirements.

(b)Qualifications

To be eligible as appointed counsel, an attorney must:

(1) Be an active member of the State Bar of California.

(2) Have experience as one of the following:

(A) Counsel of record for a petitioner in at least two habeas corpus proceedings filed in the Supreme Court, a Court of Appeal, a superior court, or a federal court.

(B) Counsel of record in at least two criminal appeals filed in the Supreme Court, a Court of Appeal, or a federal appellate court.

(C) Have the experience required to have represented the individual in the underlying class of criminal case.

(3) Be familiar with the practices and procedures of California criminal courts.

(4) Demonstrate proficiency in investigation, issue identification, legal research, analysis, writing, and advocacy.

(5) Have completed a minimum requirement of 10 hours of training on the California Racial Justice Act of 2020, including training on implicit bias and on habeas corpus procedure, approved for Minimum Continuing Legal Education credit by the State Bar of California.

(c)Alternative requirements

The court may appoint an attorney who does not meet all the qualifications stated in (b)(1)-(4) if the attorney meets the qualifications of (b)(5) and demonstrates the ability to provide competent representation to the petitioner. If the court appoints counsel under this subdivision, it should state on the record the basis for finding counsel qualified.

(d)Public defender appointments

When the court appoints the public defender under section 987.2, the public defender should assign an attorney from that office or agency who meets the qualifications described in (b) or assign an attorney who the public defender determines would qualify under (c).

Cal. R. Ct. 4.553

Rule 4.553 Adopted effective 9/1/2024.