Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

12 March 1998

Baton Rouge, Louisiana

Wimberly Room, State Capitol

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

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

Staff Present: Jelpi P. Picou, Jr.

Call to Order and Opening Remarks. The meeting was called to order at 1:07 p.m. by the Chair, who welcomed members to the meeting of the Indigent Defense Assistance Board.

Approval of Minutes of Previous Meeting. Ms. Ghetti moved that the minutes of the February 12, 1998 meeting be approved. Mr. Casey seconded the motion, which passed without objection.

Governmental Ethics Report. The staff distributed copies of the Governmental Ethics Board's response to its inquiry concerning contractual obligations between ex officio members and judicial indigent defender boards. It was noted that the Ethics Board found no conflict of interest in these obligations and service on the LIDAB.

Orleans Performance Audit. The staff, having previously distributed copies of the Spangenberg Report on the Orleans Indigent Defender Program, noted that any comments from board members should be forwarded to the staff by the end of the month so that they could be transmitted to the Spangenberg Group prior to the final report's publication.

Committee Reports. At the direction of the Chair, the committee chairs were called upon to make reports to the board.

Staffing & Contract Committee. Mr. Lee noted that the committee had met and discussed the current contract with the Louisiana Appellate Project and had approved a revised contract for the remainder of the fiscal year and the entire 98-99 fiscal year.

The committee recommended to the Board that it approve the contract with the amendments. There were several questions concerning the administration of the LAP, which were directed to the staff.

Mr. Lee moved that the contract with the Louisiana Appellate Project be approved. This motion was seconded by Mr. Casey and passed without objection.

Advisory Rules Committee. The staff distributed copies of the Administrative Procedures Act and an updated summary of that Act prepared by the chair of the committee.

There was general discussion among the board members concerning the process involved in the board's promulgation of rules. Ms. Ghetti reported that the committee had agreed on an approach for the rules which would track the language of the statute establishing the board and giving guidelines for direct and indirect funding programs.

Ms. Ghetti noted that the rule would be divided into three general sections: one dealing with the eligibility requirements for funding, one dealing with the guidelines to be used in approving grants, and one detailing the permissible and impermissible uses of grant funds. The board was in general agreement with this outline. The Chair directed the committee to report to the board at its next meeting with a draft rule.

At the request of Mr. Pitcher, the committee agreed to distribute copies of the proposed rule prior to the next board meeting.

Other Business. The Chair noted that there had been general discussions in the state concerning juvenile crime and the juvenile delinquency system. He directed the staff to place juvenile issues on the agenda for the next meeting and to prepare an overview for the board.

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.