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13. ABA Death Penalty Guidelines

Resolution by the board of directors of California Attornyes for Criminal justice to adopt the revised ABA guidelines for the appointment and performance of defense counsel in death penalty cases

WHEREAS the ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (the "Guidelines") were originally approved by the ABA House of Delegates in 1989;

WHEREAS the Guidelines are widely relied upon by the bench and the bar as setting forth the minimal requirements for defense counsel in capital cases;

WHEREAS the Guidelines are the preeminent nationally recognized standards on the subject of capital defense representation;

WHEREAS the ABA Standing Committee on Legal Aid and Indigent Defendants and the ABA Special Committee on Death Penalty Representation Project embarked on a project to revise the 1989 Guidelines under the direction of an advisory committee of experts;

WHEREAS the newly revised Guidelines were approved by the ABA House of Delegates in February 2003;

THEREFORE BE IT RESOLVED that the California Attorneys for Criminal Justice adopts the revised ABA Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases as necessary to ensure minimally adequate representation in capital cases in California.

BE IT FURTHER RESOLVED that the California Attorneys for Criminal Justice urges all courts in the state of California to adopt and follow these Guidelines.

Approved this 22nd day of August, 2003

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