Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

14 January 1998

Baton Rouge, Louisiana

Louisiana State Capitol, Fourth Floor

Members Present: Risley C. Triche, Chair; Thomas A. Casey; Michelle Ghetti; Addison K. Goff, IV; Pike Hall, Jr. ; Wayne J. Lee; P. Raymond Lamonica; Robert P. McLeod; and Freddie Pitcher.

Ex Officio Members Present: James E. Boren; Anthony Champagne; and Henry Walker.

Staff Present: Jelpi P. Picou, Jr.

Guest Present: George Steimel.

Call to Order and Opening Remarks. The meeting was called to order by the Chair, who welcomed the members to the first meeting of the Indigent Defense Assistance Board.

Introduction of Members. At the direction of the Chair, members of the Board introduced themselves and provided a brief biography.

Election of Vice-Chair. Directing the Board to the first order of business, the Chair opened the floor to nominations for vice-chair. Mr. Lamonica moved the nomination of Mr. Casey, citing Mr. Casey's service on the predecessor board and his overall knowledge of Louisiana's system of indigent defense. Mr. Hall seconded the nomination. No other nominations were made and Mr. Casey was elected vice-chair without objection.

Review of Legislation Creating the Board. The staff distributed copies of La. Act 1361 (1997), which created the Indigent Defense Assistance Board and provided for its authority. Upon request of the Chair, the staff gave a brief overview of the history leading up to the Legislature's passage of the bill, the legal requirements of the board and its membership, and the board's powers and duties. Responding to a question posed by Mr. McLeod, the staff noted that the authority of the predecessor board was enlarged through the present board's ability to promulgate rules through the Administrative Procedures Act; it was additionally observed that the authority was more focused in detailing the factors to be considered in determining the amount of funding district indigent defender boards were to receive.

Overview of Forms, Policies and Procedures for Board Members. The staff presented and reviewed the following with the board members: Per Diem and Travel Reimbursement Forms, The Louisiana Travel Guide, and Recruitment, Selection and Promotion Policies and Procedures. The staff explained the purpose of each document and provided general guidelines.

Summary of Previous Board's Work (Louisiana Indigent Defender Board). The staff provided an overview of the LIDB's work from July 1, 1994 through December 31, 1997. A more detailed summary of the LIDB's endeavors was provided in a document entitled "Development of the Louisiana Indigent Defender Board," which was distributed to each board member.

The Chair requested details of the appointment process for attorneys who would be defending indigents accused of capital crimes. The staff explained that the district court judges were responsible for the appointment, which was limited only by the list of certified counsel provided by the Board.

Budget Review. A copy of the budget--covering January 1, 1998 through June 30, 1998--was distributed to the board. The staff reviewed the figures of the $3.75 million budget. At the request of Mr. Hall, the staff explained that approximately 4.5% of the budget is used to defray the expenses of the board, with the remaining 95.5% used to defray the expenses of the 41 judicial district indigent defender boards.

It was noted by the staff that a final budget for the remainder of the fiscal year would have to await a report from the Louisiana Supreme Court on the amount of funds to be transferred to the Indigent Defense Assistance Board which had not been spent but were encumbered under the existing programs. The staff noted that an accurate accounting of these funds would not be available until the end of February.

Programs Review. The staff distributed the previous rules, policies and procedures for the following programs: Capital Program; Non-Capital Appellate Program; District Assistance Fund; Expert Witness/Testing Program; and Technical Assistance. Reviewing each program, the staff explained the mechanisms for funding requests by the district indigent defender boards. It was pointed out that the District Assistance Fund provided approximately $4 million in direct funding, that the Louisiana Appellate Project handled over 90% of the indigent felony appeals for less than two-thirds of the costs under the previous district-by-district system, that the board was defraying expenses in approximately 78 capital cases, and that continuing legal education requirements were being met, in part, by programs facilitated by the board.

The board turned its attention, next, to the certification program, which is handled by the board through a cooperative agreement with the Supreme Court. The Chair discussed the inquiries made by the Supreme Court in reference to the continuation of the program under the Indigent Defense Assistance Board. Copies of revised La. S.Ct. Rule XXXI and correspondence from the Chair were distributed to the members. Mr. Pitcher requested a detailed explanation for the process by which an attorney could become certified, which the staff provided. Comments on the value of continuing the certification program were made by Mr. Boren and Mr. McLeod.

After review of the rules, regulations and procedures for the Expert Witness/Testing Program, the Chair noted that no grant requests would be entertained by the Board unless accompanied by a signed trial court order recognizing the propriety of the requested expert or specialized test.

Following review of the programs, Mr. Pitcher moved that the Indigent Defense Assistance Board continue to work under the existing rules, policies and procedures for these programs as an interim solution until the board has an opportunity to study the programs in depth and take necessary action at that time. Mr. McLeod seconded that motion, which passed without objection.

Schedule of Board Meetings. Following general discussion, it was decided that the Board would meet each month, through the end of its fiscal year, on the second Thursday of the month. Future Board meetings were scheduled for the following dates:

February 12, 1998

March 12, 1998

April 9, 1998

May 14, 1998

June 11, 1998

Upon direction of the Chair the next scheduled meeting--February 12, 1998--was to be held in Baton Rouge, with future meeting places to be determined later.

Other Business. The Chair created the following interim committees and appointed the Chairs and members as noted:

Advisory Rules Finance & Budget Staff, Employment & Contract

Ms. Ghetti, Chair Mr. Casey, Chair Mr. Lee, Chair

Mr. Lamonica Mr. Hall Mr. Goff

Mr. Triche Mr. Pitcher Mr. McLeod

Mr. Boren Mr. Walker Mr. Champagne

Mr. Boren, being recognized by the Chair, requested that the Board take up two issues at a later meeting which he believed required immediate attention: partial indigency and capital post-conviction counsel, specifically the impact of the newly enacted Anti-Terrorism and Effective Death Penalty Act. After explaining the need to address these issues, the Chair directed the staff to place both items on the agenda for the upcoming meeting and prepare a report for the Board.

Mr. Boren and Mr. Champagne both broached the subject of contracts between ex officio members of the Board and the district indigent defender boards. The staff was directed to make appropriate inquiries to the Ethics Board for Elected Officials.

Adjournment. There being no additional business brought to the attention of the Board, the Chair entertained a motion to adjourn, which was seconded and passed without objection.