Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

14 May 1998

New Orleans, Louisiana

Conference Room, Louisiana Supreme Court

Members Present: Thomas A. Casey, Acting Chair; Michelle Ghetti; Addison K. Goff, IV; Pike Hall; and Wayne Lee.

Ex Officio Member Present: Anthony Champagne.

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

Guest Present: Michael Mitchell

Call to Order and Opening Remarks. The meeting was called to order at 1:42 p.m. by the Acting Chair, who welcomed members to the meeting of the Indigent Defense Assistance Board.

Approval of Minutes of Previous Meeting. Mr. Lee moved that the minutes of the April 9, 1998 meeting be approved as amended by the suggestion of Mr. Boren. Mr. Goff seconded the motion, which passed without objection.

Committee Report. At the direction of the Acting Chair, the chair of the Advisory Rules Committee was called upon to make her report to the board.

Ms. Ghetti presented the board with the revised version of the proposed Administrative Rules and led the members through each section. Several technical amendments were recommended to standardize language and clarify terms, all which met with the general approval of the board.

It was recommended that the final sentence of section 103C be deleted, which passed without objection. Ms. Ghetti suggested that the language of the last sentence in section 104B be replaced with language similar to that used in section 104C for the sake of clarity.

The definitional section of the rule, which had been added by the committee, was reviewed. The definition of "case" was modified to clarify its meaning by removing specific reference to "trial" to avoid confusion over various proceedings; the definition of "caseload" was modified to provide that the listed categories were examples and not an exclusive listing; the definition of "certified counsel" was modified by deleting the last sentence concerning caseload restrictions; the definition of "specialized continuing legal education" was modified to refer to the MCLE committee rather than the LSBA. Additionally, the staff was directed to work with the Chair of the committee to insure that all references to individuals entitled to court-appointed attorneys had a statutory or constitutional basis.

Following the discussion, Ms. Ghetti moved that the rule be adopted as amended and that the review process begin. Mr. Lee seconded the motion, which passed without objection. The staff was directed to make the necessary changes and distribute copies of the revised rule to all members of the board.

Other Business. It was noted by several board members that the next scheduled meeting of the LIDAB conflicted with the LSBA's annual meeting. After some discussion concerning scheduling the next date, it was suggested that the next meeting be canceled and that the Chair of the Board be notified that the meeting would be rescheduled. A motion to this effect was made by Mr. Hall, seconded by Ms. Ghetti, and passed without objection. The staff was directed to contact the Chair and notify the absent members of 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.