State looks at indigent defense bill

Published 12:00 am Tuesday, May 31, 2005

VIDALIA, La. &045; If you need some idea what’s wrong with Louisiana’s public defender system, just think about this &045; Derrick Carson is the indigent defender for both Concordia and Catahoula parishes.

At any one time, he has between 200 and 300 open cases, and that doesn’t include his work in his private practice.

But that might be changing. The latest round in Louisiana’s ongoing debate over its public defense system might finally do something to improve it.

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A bill introduced Wednesday in the state Senate would make drastic changes to the state’s indigent defense system. The bill passed in the Senate with a vote of 26-7 and will now go to the House, where it is expected to encounter tougher opposition.

Louisiana has come under fire nationally for its public defense system, which critics have said does a poor job helping those it was designed to protect.

Indigent defenders are tasked with representing those people charged with crimes &045; generally for more serious offenses like robbery, burglary battery and murder &045; who cannot afford a lawyer.

&uot;There are major problems with the system,&uot; Carson said. &uot;One is funding. The state doesn’t put enough money in to give lawyers a chance to do what they need for their clients. Two, there’s no training. There is some help out there, but there aren’t enough opportunities for indigent defenders to learn and improve in what they do. Three, the caseload is tremendous.&uot;

Last year Louisiana spent $9.4 million on indigent defense, a number critics have said needs to increase dramatically.

Part of the problem is the system Louisiana uses to fund indigent defense. Money collected from traffic fines is used to pay indigent defenders, but this source of revenue is subject to considerable fluctuations.

&uot;If a board doesn’t have money for indigent defense, they can’t make the police jury pay for it,&uot; Carson said. &uot;Why prosecute people if they can’t get a fair trial?&uot;

The bill, authored by Sen. Lydia Jackson, D-Shreveport, would make several changes to the system. First, it would make all traffic fines $35 &045; fines range from $17.50 to $35 currently &045; to provide more money for indigent defense.

The bill would also force local boards of directors, which oversee indigent defenders in each parish, to collect information about costs and caseloads, which would then be scrutinized by a reformed Indigent Defense Assistance Board, a statewide entity which oversees the system.

Jackson’s bill also would define &uot;indigent,&uot; making a statewide basis for determining which defendants deserve assistance. Defendants’ indigent status is currently decided on a case-by-case basis.

&uot;It’s a level based on the median household income and their assets,&uot; Carson said. &uot;But the court makes that determination.&uot;

The bill would also change the way the local boards of directors are appointed. Currently the governor, House speaker and Senate president appoint nine of the board’s 12 members. Jackson’s bill would add three members to each board and allow the governor, speaker and president to nominate only one member each. The rest would be nominated by law schools.

Reform advocates have also pointed to the inconsistencies in the system from parish to parish. Each parish has a board of directors appointed by state government that oversees the indigent defender or defenders.

But there is a wide variety in the way indigent defenders are selected and paid for their work. Carson handles the indigent defense cases on a contract basis under which he is paid a certain amount per case depending on the type of case.

Yet in more populated parishes like East Baton Rouge, several full-time indigent defenders are paid a set salary for their work.

The Associated Press contributed to this story.