BATON ROUGE -- Criminal case defendants in Calcasieu Parish who can't afford private attorneys often languish for months in jail, and in some cases more than a year, without talking to a lawyer, according to a lawsuit filed Thursday.

The class-action lawsuit filed against Gov. Kathleen Blanco and the Legislature says that the Calcasieu Parish public defender's office is drastically underfinanced, meaning that people accused of crimes are being denied their constitutional right to be represented by an attorney free of charge if they cannot afford to pay.

While the lawsuit centers on Calcasieu Parish, experts say inadequate legal representation for the poor is a problem throughout the state. "The problem is systemic," said Ron Ware, the executive director of the Calcasieu Parish public defender's office.

The National Association for Criminal Defense Lawyers coordinated the lawsuit, which was filed in the 14th Judicial District Court in Lake Charles by private attorneys working pro bono.

According to the lawsuit, each of the seven lawyers in the Calcasieu Parish public defender's office could have as many as 400 open felony cases at any given time.

These high caseloads leave the accused lingering in the Calcasieu Correctional Center unable to talk to a public defender or file motions with the court. The lawsuit cites the example of Robin LeBlanc, a pipe fitter and welder who was arrested Jan. 14, 2003, but has yet to meet with his public defense office attorney.

Ware said the examples in the lawsuit are "embarrassing," but that the situation cannot be helped under current circumstances. "The primary reason for this is excessive caseloads," he said.

One judge in the 14th Judicial District relieved a public defender of more than 200 cases about a year ago in order to get his load down to the 150 cases that legal experts recommend, Ware said. Those clients were doled out to private lawyers.

The head of a state task force that is looking at indigent defense in Louisiana and how it is financed said the lawsuit was expected, and said that the Legislature has begun looking at the problem.

"I think that reform that emerges from a legislative process would probably serve the interests of all citizens and the state better than those that are imposed by a judicial order," said Sen. Lydia Jackson, D-Shreveport.

Jackson said the task force plans to write a report with its recommendations by next March, in time for the next legislative session. She said she hopes more state money can be directed to public defense, although she noted that any changes will likely have to occur over several years.

A spokesman for Blanco said her office had yet to receive a copy of the lawsuit and could not comment.

After receiving complaints, the criminal defense association began an investigation about three years ago into the public defenders program in Calcasieu Parish, said Catherine Beane, indigent defense counsel for the group.

Both Beane and Ware emphasized that the problems with indigent defense are not unique to Lake Charles, but are widespread in the state. For example, a report released earlier this year by the National Legal Aid & Defender Association found crushing caseloads and low pay for lawyers working in rural Avoyelles Parish.

Whether the Lake Charles lawsuit could have an impact beyond Calcasieu Parish is unclear. Beane said that would depend on what kind of remedy a judge decides to order.

A similar lawsuit filed in a Massachusetts county has had a ripple effect in that state, prompting lawmakers to look at how much money they pay private lawyers who take on indigent defense cases.

Louisiana is the only state in the country to rely on revenue from traffic tickets and other citations, which can be an unreliable source of money, as a way to pay for indigent defense, according to the legal aid report.

About $9 million from the state general fund is given to the Louisiana Indigent Defense Assistance Board, which doles out the money around the state. Another $23 million or so is raised through court costs at the local level, said Edward Greenlee, executive director of the board.

That amount is considered relatively low when compared to other states. For example, Kentucky also spends about $30 million on public defenders, but it has only about 30 percent of the number of cases Louisiana public defenders handle annually.

. . . . . . .

Laura Maggi can be reached at lmaggi@timespicayune.com or at (225) 342-5590.