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    2003 Guidelines

    Below are descriptions and links to the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases, formally approved by the ABA House of Delegates in February 2003.

    Note: These pages include blackletter guidelines only. If you wish to view the full Guidelines with commentary, use the link below.

    You can also visit our ABA Guidelines Page to learn more about the history, use, and implementation of the Guidelines.

    ↪ View full Guidelines (pdf)

    2003 Guidelines
    Guideline Number  &  Description
    1.1  Objective and Scope of Guidelines
    2.1  Adoption and Implementation of a Plan to Provide High Quality Legal Representation in Death Penalty Cases
    3.1  Designation of a Responsible Agency
    4.1  The Defense Team and Supporting Services
    5.1  Qualifications of Defense Counsel
    6.1  Workload
    7.1  Monitoring and Removal
    8.1  Training
    9.1  Funding and Compensation
    10.1  Establishment of Performance Standards
    10.2  Applicability of Performance Standards
    10.3  Obligation of Counsel Respecting Workload
    10.4  The Defense Team
    10.5  Relationship with the Client
    10.6  Additional Obligations of Counsel Representing a Foreign National
    10.7  Investigation
    10.8  The Duty to Assert Legal Claims
    10.9.1  The Duty to Seek an Agreed-upon Disposition
    10.9.2  Entry of a Plea of Guilty
    10.10.1  Trial Preparation Overall
    10.10.2  Voir Dire and Jury Selection
    10.11  The Defense Case Concerning Penalty
    10.12  The Official Presentence Report
    10.13  The Duty to Facilitate the Work of Successor Counsel
    10.14  Duties of Trial Counsel After Conviction
    10.15.1  Duties of Post-Conviction Counsel
    10.15.2  Duties of Clemency Counsel