Public defender office revamp OK’d by House panel

The House Criminal Justice Committee approved, 10-2, April 7 a proposal to restructure the Louisiana Public Defender Board, mandating 65 percent of its go to district public defender offices.
Currently, there are concerns capitol defense projects, which provide legal to death penalty cases and those trying appeal prison conviction, is consuming too much of the money for legal aid to those who can’t afford lawyers.
Committee chairman Sherman Mack, R-Albany, claims his House Bill 818 would make the board more effective.
“The resources that were allocated to public defender’s offices many times were stretched,” Mack said. “It is imperative, when you have stretched resources, to have quality public defenders who can do the job that they’re supposed to do.”
Supporters and opponents sparred over the measure. Former Caddo Parish Prosecutor Hugo Holland claimed the current public defender’s board is intentionally overfunding the capital defense program to slow down the judicial process with appeals.
The public defenders board is comprised of individuals who don’t have the political will to seek a legislative repeal of the death penalty, Holland charged. “The amount of vexatious filings by capital defense lawyers in this state is designed to do nothing but slow the system down.”
Holland, who was investigated by the Louisiana State Bar Association’s disciplinary board for withholding evidence in a case, is responsible for two of the eight death sentences handed down in the last five years in Louisiana, according to the New Orleans Advocate. He suggested the money spent on representing death row inmates is better spent on local public defenders.
“Of the $33 million appropriated by the Legislature annually for public defense, one third of it goes to capital defense,” Holland said. “That (group) is less than one half of one percent of their (public defender’s) clients.”
Capital defense lawyers who testified Tuesday said that while some of what Holland said was true, capital defense is expensive because of the complexity of the cases. They replied that public defenders, burdened as they already are, cannot handle the heavy workload associated with a capital punishment case.
Louisiana’s public defender system is unlike those in other states in that, on average, it relies on fines and fees assessed on those who commit crimes to fund two thirds of its budget, according to Orleans Parish Chief District Defender Derwyn Bunton. He opposed the bill, saying it would not fix the fundamental issues present in Louisiana’s system of public defense -- a lack of funds and accountability for prosecutors.
“Where is the bill to restructure our DAs (district attorneys) to improve the accuracy of our prosecutions and faith in criminal convictions?” Bunton fired back. “The challenges facing public defenders around the state are formidable … none of these challenges are addressed by this bill.”
Due to budget concerns, the Orleans Parish Public Defender’s Office stopped taking most high-level felony cases in January, which prompted a lawsuit from the American Civil Liberties Union. In response, private attorneys were appointed to do pro bono work to fill in the gap.
Bunton recommended the committee wait on the completion of pending studies on the cost and effectiveness of the state’s public defense system. He said public defenders are paid $45 for every guilty person and nothing for an innocent person.
“Without a high level of processing, you lose revenue,” he said. “It is an absurdity in our law that we are paid to lose.”
Reps. Ted James, D-Baton Rouge and John Bagneris, D-New Orleans, were the only committee votes against House Bill 818 which now moves to the House floor for full consideration.