Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

9 April 1998

Baton Rouge, Louisiana

Wimberly Room, State Capitol

Members Present: Risley C. Triche, Chair; Thomas A. Casey; Michelle Ghetti; Addison K. Goff, IV; Pike Hall; Wayne Lee; and Robert McLeod.

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

Staff Present: Marsha Oliver and Jelpi P. Picou, Jr.

Guest Present: David Utter

Call to Order and Opening Remarks. The meeting was called to order at 1:02 p.m. by the Chair, who welcomed members to the meeting of the Indigent Defense Assistance Board.

Approval of Minutes of Previous Meeting. Mr. Walker moved that the minutes of the March 12, 1998 meeting be approved. Mr. McLeod seconded the motion, which passed without objection.

Report on Juvenile Issues. The staff distributed copies of the American Bar Association's study on juvenile defender practices and a copy of the Human Rights Watch report on children in confinement in Louisiana.

The chair called upon Mr. Utter, the director of the Juvenile Justice Project of Louisiana, to deliver general remarks concerning the state of juvenile representation in the state. Mr. Utter gave a general outline of the practices he has experienced in his study of the system. He also gave the Board an overview of some issues outside the purview of the Board, including conditions of confinement.

Various members of the Board asked questions concerning the effectiveness of counsel for indigent children. Mr. Utter explained that various levels of competency can be found around the state and that part of what the system as a whole needs to do is actively educate public defenders in specific juvenile procedure and law.

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

Budget & Finance Committee. The staff distributed copies of the FY 1998-99 budget request submitted to the Governor's Office and the Legislature in November of 1997. The staff explained that a total of $7.5 million was approved by the Department of Budget and Finance and that this amount was included in the Governor's budget request, House Bill 1.

Advisory Rules Committee. The staff distributed copies of the first draft of the Board's Administrative Procedures Rule; the Chair directed that the Board should consider each recommended section in turn.

There was general agreement on the overall approach taken by the committee in covering the topics included in the rule, but a recommendation was made by Mr. Lee and iterated by Mr. McLeod that a definitional section would be helpful. Ms. Ghetti, the committee chair, noted that this section would be prepared and distributed to the Board prior to its next meeting.

The general consensus of the Board was that language in Sections 103 (B) and 104 (B) should be revised to come more in line with the specific mandates of La. R.S. 15:151. Again, Ms. Ghetti noted that the necessary changes would be made and copies of the revised draft distributed to the Board.

Other Business. At the suggestion of several members of the Board, the Chair requested position papers from the staff on capital post-conviction and juvenile funding. The staff noted that it would forward those papers to the Chair and all members of the board for their review. Mr. Boren requested that the board, through its chairman, approach the governor and the legislature for additional funding specifically for capital post-conviction proceedings. Ms. Ghetti requested that the same procedure be followed for additional funding in the juvenile justice area. It was also requested by the Chair that the Board continue to gather information on the juvenile justice system and requested that more information be presented at the Board's June meeting.

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.