Louisiana Indigent Defense



Structure
Under Louisiana law, each judicial district must have an indigent defender board (IDB). La. Rev. Stat., Title XV § 144. Each IDB chooses the procedure for providing counsel for indigent defendants within its district. IDBs may choose an assigned counsel system, a contract system, a public defender system, or some combination thereof. La. Rev. Stat., Title XV § 145.

The majority of districts use a contract system, in which particular attorneys enter into agreements with the IDB to provide counsel for indigent defendants. About ten districts have full-time public defender programs. At least two districts utilize assigned counsel systems.

Funding
Louisiana funds its indigent defense programs primarily through court costs collected on state, local and municipal violations. Additionally, the Louisiana Indigent Defense Assistance Board (LIDAB) awards a limited amount of grant money each year to local judicial districts to assist in funding trial level indigent defense services. To be eligible for a grant, a district must provide certain information to LIDAB regarding its indigent defense services. Based on this information, LIDAB determines which districts should receive grants and what proportion of the available funds they should receive.

Recent Developments
In the spring of 2003, the Louisiana State Bar Association passed a resolution in honor of the 40th anniversary of the Gideon decision that called into question the adequacy of adult indigent defense services in Louisiana and urged the state government to establish a “Blue Ribbon Commission to develop a strategic plan for indigent defense system reform and set a timetable for implementation.” Shortly thereafter the Louisiana House and Senate passed a concurrent resolution establishing a Louisiana Task Force on indigent Defense Services. The Task Force is working to gather information about indigent defense services in Louisiana and develop a proposal for reform. It is expected to present its finding to the Legislature when it reconvenes in late-April, 2005.



National Association of Criminal Defense Lawyers (NACDL)
1660 L St., NW, 12th Floor, Washington, DC 20036
(202) 872-8600 • Fax (202) 872-8690 • assist@nacdl.org