La. Legislature Approves Overhaul Of Indigent Defense System


	Print or Email This Page La. Legislature Approves Overhaul Of Indigent Defense System June 26, 2007 The Times-Picayune By Doug Simpson, The Associated Press BATON ROUGE, La. (AP) — The Legislature on Tuesday voted to overhaul Louisiana's indigent defense system, in response to critics who say the state violates the U.S. Constitution by providing shoddy legal representation for destitute defendants. The state House gave final approval to a replacement system, based on American Bar Association guidelines, that has drawn praise from both prosecutors and public defenders. "I think the benefits for the overall criminal justice system are enormous," said David Carroll, director of research for the Washington, D.C.-based National Legal Aid & Defender System. "It's not like it gives an advantage to the defense or to the prosecution. It will ensure that verdicts will be correct, fair, swift and final." The measure, by Rep. Danny Martiny, R-Kenner, goes to Gov. Kathleen Blanco, who is expected to sign it into law. Critics of the current system include prosecutors, defense lawyers and judges, who complain that inadequate counsel leads to far too many verdicts that are overturned on appeal. All sides also note that too many public defenders have little oversight, and face no punishment for missteps in the courtroom. Although the system has drawn fire statewide, problems have been especially evident in New Orleans. That city's indigent defense system was already strained when Hurricane Katrina hit in 2005. The storm, which flooded 80 percent of the city, including the courthouse, depleted the population and effectively dried up traffic fine revenue that had funded the office. One judge halted prosecution of more than 100 cases because of inadequate defense. The new system would create a new state board with responsibility over the state's local indigent defender offices, which are now overseen by 41 independent boards around the state. Martiny's measure would put Louisiana in line with what the ABA considers 10 provisions of a functioning indigent defender system. Supporters say one key change would be imposing a state system of accountability over public defenders — something the current system lacks entirely, with public defenders facing no oversight from the state. The measure would create the Louisiana Public Defender Board and give it power to monitor public defenders' performance and workload, and fire those who fail to meet its standards. Four of the board's 15 members would be legal experts from the law schools at LSU, Loyola, Southern and Tulane universities. Some will be picked by the governor, others by the chief justice of the Supreme Court, the House speaker, Senate president, president of the Louisiana Bar Association and other groups.
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