The ABA has passed new guidelines for lawyers defending capital cases.

They cover the appointment and performance of lawyers. Defendants in capital cases should be represented by two or more qualified lawyers, augmented by an investigator, a mitigation specialist and, in some instances, an expert to help with jury selection, the guidelines state. At least one member of the team should be qualified to screen defendants for mental or psychological disorders or impairments.

Further, an ABA report issued along with the guidelines recommended that an independent agency -- not courts or elected officials -- appoint counsel in capital cases to ensure the integrity of the process. In the past, critics say, judges have appointed lawyers whose primary skill seemed to be processing cases rapidly rather than providing vigorous representation....

"Under these guidelines, a court would not be involved in selecting counsel for any phase of the proceedings. Moreover, courts -- when seeing inadequate performance -- are urged by the guidelines to take remedial action rather than sitting and defaulting the ignorant defendant's claims" because an inept lawyer has not raised issues in a timely fashion, he added.

The report accompanying the guidelines places emphasis on the importance of a mitigation specialist, who researches the client's background so the defense team is prepared to effectively argue for a life sentence in the event of conviction. Too often, defense lawyers "think they'll win and don't prepare mitigation testimony," said Eric M. Freedman, a Hofstra University law professor who edited the final draft of the guidelines.

The report notes that "mitigation specialists possess clinical and information-gathering skills that most lawyers simply do not have." Consequently, they can recognize how mental or neurological problems may have affected the defendant's actions.

The Guidelines also call for adequate pay for lawyers defending capital cases. The federal system pays $125.00 per hour in death cases, but most states lag woefully behind that amount.