ABA Guideline 10.7 (B)(2): The New Achilles' Heel for Trial Courts and Counsel Handling Death Penalty Cases?

Abstract

Guideline 10.7 (B)(2) of the American Bar Association's Guidelines for the Appointment and Performance of Defense Counsel in Death Penalty Cases (2003) requires death penalty defense counsel to obtain a complete record of the case. This article explores common problems encountered when lawyers attempt to meet the mandate of Guideline 10.7(B)(2) from the perspective of court administrators, court reporters, and capital-defense attorneys. The author offers solutions for problems with capital-case record procurement and archiving, including define the record, index court proceedings and identify missing transcripts, obtain transcripts from historic key-punched or handwritten stenographer notes, and improve record requests and communication between court staff and defense counsel. The article includes constructive ideas for formal collaboration between courts and criminal-law practitioners with regard to the archiving of capital-case records.