LOUISIANA INDIGENT DEFENDER BOARD

 

                                                BOARD MEETING

 

                                        JONES WALKER LAW FIRM

                                        BATON ROUGE, LOUISIANA

                                                  November 1, 1996

 

 

                                             MINUTES

 

 

 

BOARD MEMBERS PRESENT:  Dr. Ben Barron; Victor Bussie (by proxy); Thomas Casey, Chair;  Samuel Dalton; Wayne Lee; Robert McLeod; Herman Robinson (by proxy); Walter M. Sanchez, Vice-Chair; Sonja Spears, Secretary-Treasurer; and Henry Walker.

 

STAFF PRESENT:  Jean M. Faria.

 

          1.  Call to Order.  The meeting was called to order by the Chair of the Board.

 

          2.  Roll Call.  The Chair recognized the members of the Board present for the meeting and noted the proxy executed by Victor Bussie and given to Thomas Casey, the proxy executed by Herman Robinson and given to Walter Sanchez.  On the basis of these introductions, it was noted that a quorum was present.

 

          3.  Welcoming Remarks of the Chair.  The Chair welcomed the members of the Board and the staff and briefly reviewed the agenda for the meeting, explaining its purpose and scope.  Mr. Dalton moved to approve the minutes of the August 2, 1996 meeting.  Mr. Walker seconded the motion, which passed without opposition.

 

          4.  Review of Budget.  At the direction of the Chair, the staff reviewed the budget report through October, 1996.  The first disbursement from the District Assistance Fund occurred in October.  Mr. McLeod asked why there was a residuum in the program account.  The staff explained that funds are set aside for all districts in the event the district makes an application to the DAF.  The Twenty-Ninth (St. Charles Parish) and Thirty-First (Jefferson Davis Parish) had applied for DAF monies for the first time and received funds in the October disbursement.  The staff advised that Mr. Perkins from Caldwell Parish had requested an extension of time in which to file the district's first application for funds.  On motion of Mr. Walker, seconded by Mr. Dalton, the Board voted without opposition to allow for payment pending approval of the late application.

 

          The Board reviewed the 1995 District Assistance Fund Expenditure Report.  After reviewing the report, Dr. Barron noted that although caseload reporting in general had improved, accurate caseload data per attorney remained a problem.  Mr. McLeod commented that with all the information the Board has gathered and developed, determining which district indigent defense programs are most cost effective cannot be done absent accurate reporting of each attorney's caseload.  Mr. Lee stated that the Board is ethically bound to justify its expenditures and must gather this information.  Mr. McLeod asked whether a form could be drafted to gather the needed data.  Dr. Barron suggested the form request information beyond case numbers and should include all data needed to further the work of the Board.  The Chair urged the staff to develop the form quickly to provide the district boards with adequate time to implement the use of the form.

 

          On motion of Mr. Dalton, seconded by Dr. Barron, the staff is to design a form for use by the district indigent defender boards to provide uniform and accurate caseload data to the LIDB.  The motion passed without opposition.

 

          5.  Contract.  The staff reported the vote of the Executive Committee to approve the contract with Advanced Litigation Technique, Inc.  Several of the chief defenders were finding that the program was being used as a word processor and not as the system had been designed.  The contract for $67,000.00 provides additional intensive training over an eight month period.  The training will be provided to attorneys, paralegals and investigators in indigent defender programs using Trial Scout. 

 

          6.  The Annual Report.  At the direction of the Chair, the staff presented the Annual Report.  Mr. Lee and Mr. McLeod expressed their concern regarding the presentation of information regarding funding levels in the criminal justice system.  Mr. Lee expressed his concern that the tone of the presentation should be more neutral.  Mr. McLeod stated that the section on the development of the Board did not address the reasons for the creation of the Board.  Mr. McLeod further suggested that the Executive Summary should reflect the Board's commitment to providing cost effective indigent defense.

 

          The staff was instructed to provide each Board member with a final draft of the Annual Report for a final vote.

 

          7.  The Statute.   The draft statute was discussed.  The Chair, Mr. Lee and Mr. McLeod expressed their concern that the statute was too detailed.  The standards and guidelines promulgated by the Board, rather than the statute, should contain the detail.  Mr. Sanchez argued that inclusion of caseload standards in the statute, making them mandatory, would precipitate a request for a fiscal note. 

         

          The Chair asked whether the Board should prepare a statute as the special committee would make the final recommendations.  After further discussion the Board reached a consensus that the staff should redraft a detailed statute which includes the standards and guidelines.  Mr. McLeod felt that commentary to the statute would enhance the special committee's understanding of the problems in indigent defense the Board faced at the time it created the LIDB programs, standards and guidelines.  The staff was directed to include commentary to the statute.

 

          8.  Other Business.  The ad hoc committee on computerized case tracking and management unanimously recommended the use of Data Sources Case Management System.  The program provides for case tracking and produces statistical and analysis reports by judge, prosecutor, defense attorney and number of open cases.  The program also provides merge from case to word processing.  It is estimated that $165,000.00 would be required to reimburse the district boards should each participating district elect to purchase the software.  By fax and telephone vote, the Executive Committee had authorized reimbursement to district indigent defender boards which purchase the case management system.

 

          Mr. Sanchez asked to be recognized by the Chair.  Citing professional and personal reasons, Mr. Sanchez resigned from the Board.  On behalf of the Board, the Chair thanked Mr. Sanchez for his commitment and contributions to the Board and its work.  Mr. McLeod personally thanked Mr. Sanchez, stating that with Mr. Sanchez's experience in indigent defense and his judgment, he had been an inspiration to him and the Board.

 

          9.  Adjournment.  After completion of business, a motion to adjourn was made, seconded and passed without opposition.