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    ABA Guidelines

    The Death Penalty Representation Project is the home of the ABA Guidelines for the Appointment & Performance of Defense Counsel in Death Penalty Cases. The Guidelines reflect well-established national norms of capital defense practice and have been adopted as Association Policy regarding the minimum requirements for the defense effort in capital cases.

    Ways to Access the Guidelines

    Interactive Guidelines

    Use our Interactive Guidelines resource to search and view the text of the 2003 Guidelines with easy access to the source citations that provide the support for the blackletter text and commentary. Housed on capstandards.org (registered practitioners only).

    2003 Guidelines - Interactive Edition

    Implementation Summary

    Fact sheet summarizing how the Guidelines have been formally adopted in state, federal, and local jurisdictions.

    Download - Fact Sheet

    Bobby v. Van Hook

    The US Supreme Court's 2009 decision in Bobby v. Van Hook raised questions about the application of the ABA Guidelines to counsel performance that occurred many years ago. Read the opinion and our 2018 law review article about the Court's decision. If you have questions about the historical relevance of the Guidelines, please contact our staff for additional assistance.

    Opinion

    Bobby v. Van Hook, 558 U.S. 4 (2009)

    Read - Van Hook Article

    Reclaiming Van Hook: Using the ABA's Guidelines and Resources to Establish Prevailing Professional Norms

    Reclaiming Van Hook: Using the ABA's Guidelines and Resources to Establish Prevailing Professional Norms, Emily Olson-Gault (2018)
    The Ethical Argument for Funding in Clemency: The "Mercy" Function and the ABA Guidelines

    The Ethical Argument for Funding in Clemency: The "Mercy" Function and the ABA Guidelines, Laura Schaefer (2018)
    Sudden Death: A Federal Trial Judge's Reflections on the ABA Guidelines

    Sudden Death: A Federal Trial Judge's Reflections on the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, Mark W. Bennett (2013)
    Improving State Capital Counsel Systems Through Use of the ABA Guidelines

    Improving State Capital Counsel Systems Through Use of the ABA Guidelines, Robin M. Maher (2013)
    The ABA Guidelines and the Norms of Capital Defense Representation

    The ABA Guidelines and the Norms of Capital Defense Representation, Russell Stetler & W. Bradley Wendel (2013)
    'The Guiding Hand of Counsel' and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases

    'The Guiding Hand of Counsel' and the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, Robin M. Maher (2003)