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Study Cites Improved Public Defending
July 20, 2008
The News-Star
By Johnny Gunter
Some of the most noticeable lawyers at any courthouse in northeastern Louisiana are the public defenders, representing a large volume of defendants who can't afford to hire their own attorneys.
Crime in the United States dramatically increased beginning in the 1980s because of the emerging crack cocaine epidemic, which transformed many inner cities and affected many at the lower end of the economic spectrum.
It resulted in an increased number of arrests and increased sentence lengths as law enforcement sought ways to deal with the escalating threats.
This is according to a recent study by the Social Science Research Laboratory at the University of Louisiana at Monroe.
"Simultaneously, the number of defendants in criminal cases requiring court-appointed attorneys soared," the report states. "As of 2000, it was estimated that between 60 to 90 percent of all defendants in criminal cases were indigent."
According to the report, an estimated 80 to 90 percent of defendants in Louisiana are indigent.
Kevin Unter, PhD, assistant professor of political science and SSRL research fellow, headed "Indigent Defense in Northeast Louisiana," a study of the 3rd, 4th, 5th and 6th judicial districts.
Unter said the study is a follow-up to one made in 2004.
"In all, I would say there has been some improvement in managing individual public defender caseloads by the supervisors in each judicial district," he said.
The improvement came, he said, by appointing one chief public defender. The chief public defender employs contract attorneys for public defense. Each chief public defender has supervisory authority over all contract attorneys in the judicial district.
The 3rd District is composed of Lincoln and Union parishes; 4th District is Ouachita and Morehouse; the 5th is West Carroll, Richland and Franklin; and the 6th is East Carroll, Madison and Tensas.
Sixth District public defender Leroy Smith said state legislation that went into effect Aug. 15, 2007 gave all districts some additional funds. With the additional state money, he's been able to hire an additional attorney for juvenile offenders and investigators as needed.
Smith said even before the additional funding, the northeastern Louisiana districts mentioned above, plus the 7th District of Concordia and Catahoula, "have always done more with less than other parts of the state."
"There were always problems in the other parts of the state, but we were doing a better job in representing our clients. The 4th District was the model for the rest of the state."
Monroe attorney Bob Noel, a contract public defender who helped with the SSRL study, said the Legislature furnished $29.3 million divided among the 42 judicial districts.
Public defenders are primarily funded by a $35 fee that's added to each traffic ticket written within the jurisdiction, while defendants using the service are required to pay a $40 fee.
The 2007 legislation not only turned over administration to the chief public defender, but abolished the public defender boards in each jurisdiction that were appointed by judges.
Sixth District contract public defender Raymond Lee Cannon believes the new law "takes the judicial and political influence away and provides a more independent and conflict-free attorney for those who can't afford one. It removes undue influence."
He said the new law is a work in progress because it has not been fully implemented.
It did away with the old Louisiana Indigent Defense Board and created the new Louisiana Public Defender Board.
The SSRL report states: "What was known as indigent defense has since become public defense. The adage 'the name has changed but the game remains the same' certainly applies."
The law calls for the creation of up to 11 service regions throughout the state to be headed by a regional office. To date, the regions have not been established, leaving each public defender in each judicial district to report directly to the state board.
Even if these changes don't come, the public defenders interviewed like the current system over the old and especially like the additional funding that has resulted in more help with the ever-increasing caseloads. |
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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
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