Advisory Opinion:
1904
Year Issued:
2000
RPC(s):
RPC 1.2(a);1.7(b); 1.13(a); 1.13(b); 1.15
Subject:
Client competence; abiding by client decision; defendant in death penalty case asks to be sentenced to death
You inquired about your ethical obligations under the following circumstances: a lawyer represents a defendant charged with murder and the prosecutor may seek the death penalty. The defendant, in open court, insisted that he plead guilty and be sentenced to death. You question the defendant’s competence to waive defense to the death penalty.
The committee opines that a lawyer’s obligation is to abide by his client’s decisions under RPC 1.2(a). If the client is not able to make adequately considered decisions in connection with the representation, the lawyer is required to maintain a normal relationship with the client (to the extent such a relationship is possible) as required under RPC 1.13(a). When a lawyer reasonably believes that the client cannot adequately act in the client’s own interest, a lawyer may seek the appointment of a guardian or take other protective action with respect to a client. See RPC 1.13(b). What protective action can be taken under the circumstances is a question of law and beyond the scope of the committee’s authority.
Further, if the representation of the client may be materially limited by the lawyer’s personal opposition to the death penalty, the lawyer must follow RPC 1.7(b), which requires that the lawyer reasonably believes that the representation will not be adversely affected by his personal beliefs, and the client consents to the representation after consultation and a full disclosure of the material facts. In this case the lawyer should also consider the ability of the client to give consent.
If the lawyer is unable to continue representation under the guidelines of the Rules of Professional Conduct, he should request to withdraw as outlined in RPC 1.15(a). If the lawyer is able to comply with the Rules, but finds that the client is pursuing an objective the lawyer considers "repugnant or imprudent," the lawyer may seek to withdraw under RPC 1.15(b)(3).
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