Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

May 18 2000

New Orleans, Louisiana

Stone Pigman Law Firm

Members Present: Risley C. Triche, Chair; Thomas A. Casey, Vice-Chair; Michelle Ghetti (participating by telephone); Addison K. Goff; IV (participating by telephone); Wayne Lee; Robert P. McLeod (participating by telephone); Donald T.W. Phelps; and Freddie Pitcher (participating by telephone).

Ex Officio Members Present: James E. Boren (participating by telephone), Anthony Champagne and Henry Walker.

Staff Present: Jelpi P. Picou, Jr.

Guests Present: Craig Colwart; Tilden Greenbaum; John Simmons; Clive Stafford Smith; and Neal Walker.

Call to Order and Opening Remarks. The meeting was called to order at 1:00 p.m. by the Chair, who welcomed members to the meeting of the Indigent Defense Assistance Board; a roll call demonstrated that a quorum was present.

Review of Minutes of February 14 2000 Meeting. Upon the motion of Mr. Lee, seconded by Mr. Walker, a reading of the minutes of the previous meeting was waived and they were accepted, without objection, as accurate.

Presentation by Clive Stafford Smith. The Chair introduced Clive Stafford Smith, director of the Louisiana Crisis Assistance Center. Mr. Smith gave a short update of LCAC. With a staff of fourteen—ten investigators and three staff attorneys—LCAC has handled 104 capital cases since July 1, 1999 with an average of $9,000 expended per case. LCAC receives 200 requests a year for assistance in capital cases. Mr. Smith pointed out that between 60% and 70% of LCAC’s budget comes from the LIDAB and that LCAC had billed the State of Mississippi $83,000 for Mississippi capital cases in the last year. Mr. Champagne asked if the $9,000 per case included all expenses, to which Mr. Smith answered that the figure included experts, overhead, attorney fees and miscellaneous costs. Mr. Phelps asked for an update on LCAC’s involvement in Orleans Parish. Mr. Smith explained LCAC’s Preliminary Hearing Program, in which either LCAC or the Orleans Capital Conflict Panel represented each capital defendant in a preliminary hearing. According to Mr. Smith, 80% of the capital indictments in the last year in Orleans Parish had been reduced to lesser charges as a result of this program.

Review of 2000 Legislative Session. Staff reported that house and senate bills to mandate $35 court costs had been killed in committee and promised to continue monitoring bills in the fiscal-only session that would have an effect on the delivery of services for indigent clients accused of a crime.

Review of 1999-2000 Budget and Expenditures. Staff gave an overview of the proposed 2000-2001 budget and compared it to the approved 1999-2000 budget, noting that the proposed budget was formulated from stand-still funding. Mr. Phelps suggested that participation in LIDAB programs should be limited to those district indigent defender boards whose court costs are at $35. Mr. Lee agreed, adding that district boards whose court costs are at $35 should be rewarded for efforts to fund their programs. Mr. Greenbaum, chief of trials at the Orleans Indigent Defender Board, said that OIDP is considering a raise to $35. Mr. Colwart, chief public defender in the 16^th JDC, reported that his board is 100% opposed to a mandatory raise to $35. Mr. Rodenbeck, chief public defender in the Ninth JDC, reported that his board has approved the $35 effective July 1, 2000. Mr. Simmons, chief public defender of the 22^nd JDC, says that his district, presently at $30 court cost, would need a concentrated effort to convince the board that a $5 increase is necessary. Mr. Phelps asked if a state-wide $35 court cost fee would solve the problem in every district. Staff explained that in some districts, the rise in fees would have little effect; in others, the effect would be noticeable and positive. Mr. Triche summed up the discussion with the observation that a state-wide $35 court cost fee would not solve all the funding problems of district indigent defender boards.

Post-Conviction Update. Staff presented a list of all pending capital cases, with a detailed report of post-conviction clients. Of a total 53 defendants on death row in need of post-conviction representation, pro bono counsel are handling 15 cases, 21 attorneys have been appointed, and 17 defendants have no counsel.

Southern Juvenile Defender Center Update. Staff noted that the Center had been operational for almost one year. In October, 2000, the Center will participate in a national summit meeting to be held in Houston, Texas, at which time the Center will host a meeting of its board. The Center is taking calls from each member state in an effort to provide resources for the defense of juveniles accused of crimes.

Office of Justice Programs, Indigent Defense 2000 Update. Staff updated the board on an Office of Justice Programs (OJP) request for a list of three to five people involved in delivery of indigent defense services in Louisiana in order to invite them to a symposium in Washington, D.C. Staff was instructed to submit a list to OJP with names from the following fields: an assistant district attorney; a juvenile judge; a public defender; and a state court judge.

Other Business. No other business was discussed.

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.