Judge Lauds Legislative Action on Public Defenders

    June 1, 2007
    The Associated Press
    By Mary Foster


    NEW ORLEANS (AP) — Criminal Court Judge Arthur Hunter Jr., who has halted prosecution of over 100 poor defendants, on Friday lauded the passage of a bill in the Louisiana House of Representatives aimed at boosting support of the state's indigent defender system.

    "The court is 'cautiously optimistic' that much-needed indigent defense reform legislation will be passed by the Louisiana legislature," Hunter wrote in a statement. "But whether the legislation will include adequate funding remains to be seen."

    The public defender bill passed 100-to-1 in the House, and is scheduled to be heard in a Senate judiciary committee on June 5.

    For months, Hunter has been battling what he sees as the indigent defender's inability to adequately represent the city's hundreds of poor defendants since Hurricane Katrina wrecked the criminal justice system.

    Problems with the system became glaring after the storm, when thousands of jailed pretrial inmates were scattered to prisons across the state. Most waited for months for any contact with a lawyer.

    Before the hurricane hit, three-quarters of the defenders' office's budget was financed by traffic court fines. That revenue dried up after Katrina devastated the city in August 2005. A justice department study said the office needs between $7 million and $10 million a year to operate.

    In addition to staying the prosecution of 130 defendants, Hunter has ordered 20 prisoners in Orleans Parish Prison that have been unable to make bail to be released until they can be tried.

    The 4th Circuit Court of Appeal stayed the release of those prisoners, however.

    "As of today, 164 indigent defendants do not have attorneys to represent them," Hunter said in his statement.

    He reset those cases until July 6.

    Hunter said he had also notified 232 private attorneys for appointment to represent defendants. The vast majority do not have criminal law experience, however, he said.



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