Thank you for correcting me. What does it mean in other cases when they say that an attorney needs to be death penalty qualified?
TIA
I'm pretty sure this has been posted before, but here are Idaho's qualifications for counsel in death penalty cases.
I.C.R. 44.3. Standards for the Qualification of Appointed Counsel in Capital Cases. | Supreme Court
c) Attorney Qualifications.
(1)
Trial.
(A) Lead trial counsel assignments must be made to attorneys who:
(i) are members in good standing of the Idaho State Bar, admitted to practice in Idaho or admitted to practice pro hac vice;
(ii) are experienced and active trial practitioners with at least five years’ litigation experience in criminal defense or prosecution;
(iii) have served as lead counsel in no fewer than four felony jury trials of cases that were tried to completion and have served either as lead or co-counsel in one case in which the death penalty might have been imposed and which was tried through to completion, or served as lead counsel in the sentencing phase of a death penalty case;
(iv) are familiar with the rules, practice and procedure of the district courts of the state of Idaho;
(v) are familiar with and experienced in the utilization of expert witnesses and evidence, including, but not limited to, psychiatric and forensic evidence;
(vi) have attended and successfully completed at least 12 hours of Idaho State Bar approved training or educational programs focusing on capital cases, within the last two years; and
(vii) have demonstrated the proficiency and commitment necessary for the quality of representation appropriate to capital cases.
(B) Co-counsel assignments must be assigned to attorneys who:
(i) are members in good standing of the Idaho State Bar, admitted to practice in Idaho or admitted to practice pro hac vice; and
(ii) qualify as lead counsel under subsection (c)(1) or meet the following requirements:
(1) are experienced and active trial practitioners with at least three years’ litigation experience in criminal defense or prosecution;
(2) have prior experience as lead counsel in at least three felony jury trials of cases which were tried to completion;
(3) are familiar with the rules, practice and procedure of the district courts of the state of Idaho;
(4) have attended and successfully completed at least six hours of Idaho State Bar approved training or educational programs focusing on capital cases, within the last two years; and
(5) have demonstrated the proficiency and commitment necessary for the quality of representation appropriate to capital cases.
