LOUISIANA INDIGENT DEFENDER BOARD

 

                                                BOARD MEETING

 

                                       PHELPS DUNBAR LAW FIRM

                                        BATON ROUGE, LOUISIANA

                                                   August 22, 1997

 

 

                                             MINUTES

 

 

 

BOARD MEMBERS PRESENT:  Thomas A. Casey, Chair;  Victor Bussie (by proxy); Samuel S. Dalton; Leah Guerry; Rebecca Hudsmith; Wayne J. Lee; Robert McLeod (by proxy), Vice-Chair; Herman Robinson (by proxy); Perry R. Sanders, Jr.; Sonja Spears (by proxy), Secretary-Treasurer; and Henry Walker.

 

STAFF PRESENT:  Jelpi P. Picou, Jr.

 

GUEST PRESENT: Nicholas J. Trenticosta, Executive Director, Loyola Death Penalty Resource Center.     

 

          1.  Call to Order, Opening Remarks, Roll Call.  The meeting was called to order by the Chair of the Board.  The Chair recognized the members of the Board present for the meeting and noted the proxies executed by Victor Bussie, Robert McLeod, and Herman Robinson in favor of Thomas Casey and the proxy of Sonja Spears in favor of Wayne Lee.  It was noted that a quorum was present.

 

          2.       Approval of January 17, 1997 Minutes.  Upon the motion of Mr. Dalton, seconded by Mr. Walker, the minutes of the previous meeting were approved without amendments.

 

          3.       Review of Executive Committee Actions. The board took up the following matters previously reviewed by the Executive Committee and referred favorably to the full board:  Emergency Grant Request from the Orleans Indigent Defender Board; Emergency Grant Request from the 15th Judicial District IDB; Out-of-State Travel for Staff; and Staffing Issues.

 

          The staff presented the fiscal problems being experienced by the Orleans Indigent Defender Program.  Due to lack of collections on the district level, OIDP was expecting a shortfall from budget predictions of approximately $450,000-$500,000 by the end of the year.  The indigent defender board requested that the LIDB review its program and consider an emergency grant to forestall the problems associated with lack of funding.  OIDP noted that collections were again on the way up and that the source of the problem (which stretched over 5 months) was being investigated.

 

          The staff recommended that a grant of $250,000 be given with specific conditions attached.  OIDP would be required to undergo a program audit as soon as possible from an non-interested organization expert in such audits (the Spangenberg Group and the National Center for State Courts were mentioned as two possible candidates), would be responsible for making monthly financial reports to the LIDB, would investigate ways to cut costs without cutting delivery of defense services, and would institute a mechanism for the appointment of the Orleans Capital Conflict Panel in conflict cases arising in that district.  The staff also recommended that the conflict panel be funded for an additional two-and-a-half attorney units in an effort to stem the expenditures of the LIDB on private attorneys appointed in conflict cases.

 

          After much discussion by the members of the board, Mr. Walker moved and Mr. Dalton seconded for the approval of the grant program as recommended by the staff.  The motion passed without objection.

 

          The board then reviewed the grant request from the 15th Judicial District IDB concerning an emergency need for $50,000-65,000 due to a significant drop in local revenue collections.  Following discussion and questions, Mr. Walker moved that the district be given $55,000 in emergency funds, with the agreement that this sum would be subtracted from that district's District Assistance Fund amount if local revenue rebounded to projected budget levels.  Mr. Lee seconded the motion, which passed without objection.

 

          The staff then informed the Board that it had been invited to Albany, N.Y, to participate in a two-day long review of the New York Public Defender's Office of Legislative Affairs in an effort to exchange information on the legislative process.  The invitation, which came with an offer to pay for the LIDB's staff's costs, was the result of a consensus of the NAACP-Legal Defense Fund plenary session that Louisiana and New York represent the most successful legislative initiatives in the country.  Mr. Walker moved, seconded by Ms. Guerry, to approve the travel.  Ms. Guerry noted, however, noted that payment by the New York office may run afoul of the state's ethics rules and recommended that the staff research this issue and defray the expenses of the trip from LIDB funds in the event ethics rules would not allow otherwise.  With this caveat, the motion passed without objection.

 

          At the request of the staff, the board reviewed the job function and history of Betty Lilley, the office manager and fiscal officer for the LIDB.  The staff recommended a $10,000 raise for Ms. Lilley in light of her responsibilities, job performance, and lack of any salary adjustment since she was hired in late 1994.  Mr. Walker moved that the raise be approved as recommended by the staff director.  Mr. Sanders seconded the motion, which passed without objection.

 

          4.       Budget and Program Review.  The staff presented a review of the budget, noting that the fiscal year 96-97 budget figures had not yet been completed by the Judicial Administrators Office and would be available at the Board's September Meeting.  The staff then gave a review of each of the programs.  No Board action was necessary.

 

          5.       Discussion of LIDB Legislation.  The staff reviewed the LIDB legislation and noted that no appointments to the new board had been announced.  No Board action was necessary. 

 

          6.       Presentation of Capital Post Conviction Issues.  The staff gave a review of the issues surrounding capital post-conviction issues.  The Louisiana State Bar Association, through its Committee on Capital Post-Conviction, requested that the LIDB join it in drafting pro bono counsel and defraying some of the expenses of this litigation.  The LIDB, which has no funds dedicated for capital post-conviction, then listened to a presentation by Nicholas Trenticosta on the current landscape of Louisiana capital post-conviction.  Mr. Trenticosta estimated that a budget of approximately $800,000 would be needed to meet the present needs of this litigation, but opined that some costs could be cut with the provision of pro bono counsel.  Following much discussion, the staff proffered that by dedicating all available funds from other programs, without forcing significant cuts for this fiscal year, only approximately $200,000 to $250,000 could be made available for this area of litigation.  This sum, the staff pointed out, would have to be made up through future appropriations from the legislature.

 

          Mr. Walker moved that the LIDB make available up to $250,000 for capital post-conviction cases, that the money be managed by the LIDB, that this fund by made available through the cooperation of the Louisiana State Bar Association, and that no monies were to be spent until the Louisiana Supreme Court approved the plan.  Mr. Sanders seconded the motion, which passed without objection.

 

          7.       Presentation of Juvenile Justice Issues.  The staff presented a synopsis of the ongoing troubles in the Juvenile Justice arena in Louisiana, including the investigation being conducted by the U.S. Department of Justice and the reports on conditions of confinement of juveniles both pre- and post- adjudication.  The board directed the staff to continue monitoring the situation and to make regular reports on this issue.

 

          8.       Review of Capital Project.  The staff then presented the first proposal for a regional capital unit, submitted by the Eighth Amendment Project of Lafayette.  The board reviewed the proposal and requested that supplemental information be provided by staff, particularly the present cost of capital defense in this area, the number of capital cases being prosecuted in the area, and the overall savings to the LIDB under the proposed capital unit.  The board deferred any action on this proposal and ordered it to be placed on the agenda for the next meeting.

 

          9.       Other Business.  At the request of Mr. Dalton, the board considered awarding Jean Faria a commendation for her service as Chief Executive Officer of the LIDB.  Mr. Dalton circulated a draft commendation and requested that the award be approved, subject to stylistic changes to be made upon recommendation of the members of the board.  Mr. Dalton then moved for approval, which Mr. Walker seconded.  The motion passed without objection.

 

          The staff then requested that the board schedule three future meetings, in September, October, and November of 1997.  After discussion, the following dates were approved for meetings, all to be held (if space is available) in the Phelps Dunbar conference rooms in Baton Rouge:  Friday, September 19; Friday, October 24; and Friday, November 21.  All meetings are to begin at 10:00 a.m., with Executive Committee Meetings (if needed) to begin at 9:30 a.m.

 

          10.     Adjournment.  Having concluded business, a motion was made and seconded to adjourn.