Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

March 22, 2001

New Orleans, Louisiana

Stone Pigman Law Firm

Members Present: Risley C. Triche, Chair; Thomas A. Casey, Vice-Chair; Frank DeSalvo; John Di Giulio; Michelle Ghetti; Addison K. Goff; IV; Wayne Lee; and Donald T.W. Phelps.

Ex Officio Members Present: Anthony Champagne and Henry Walker.

Staff Present: Edward R. Greenlee; Marsha Austtun Oliver; and Betty Lilley.

Guests Present: Denise LeBoeuf and Tilden Greenbaum.

Call to Order and Opening Remarks. The meeting was called to order at 1:15 p.m. by the Chair. Marsha Oliver called the roll; a quorum was present. The Chair gave an overview of the agenda, then called upon new members, Frank DeSalvo and John Di Giulio, to introduce themselves. The Chair then introduced and welcomed Edward R. Greenlee to his first meeting as Director of the LIDAB.

Adoption of Minutes of the Last Meeting. The minutes of the previous meeting on December 7, 2000 were adopted without objection.

Emergency Grant for LaSalle Parish Twenty-Eighth JDC IDB. Mr. Greenlee gave a brief history of the 28^th JDC IDB’s financial problems, which began two years ago and culminated in a large deficit, caused by a combination of factors. Mr. Greenlee suggested an emergency grant of $15,000 or $20,000. The Chair, Mr. Lee and Mr. Goff expressed concern whether the emergency funds would solve the problem or if the district board might later need more funding. Mr. Greenlee answered that the district board is taking steps to resolve its shortfall. The Chair then asked if sufficient funds existed to meet a request for $15,000 to $20,000. Ms. Oliver stated there were sufficient funds for a $20,000.00 grant.

Mr. Casey moved that an emergency grant of $20,000 be approved.

Mr. Di Giulio seconded the motion, which passed with no objection.

STAFF ACTION NEEDED: Prepare an emergency distribution of $20,000 for the 28^th JDC IDB.

New Office Space. Mr. Greenlee related that it is necessary for the LIDAB to lease new office space as the current lessor, Baronne Development, will not renew its lease in anticipation of developing a portion of the office building into a hotel. After review of numerous properties by staff, Mr. Greenlee recommended a space in the newly renovated 1010 Common building that will be built to suit at little or no increase in cost.

The Board voted unanimously to approve the lease of the space at 1010 Common Street, New Orleans, Louisiana.

Preliminary Benchmark. At this point, Mr. Triche asked Mr. Greenlee to provide an explanation of the preliminary benchmark. Mr. Greenlee explained how district assistance funding is arrived at by using data provided by the district boards: caseload, financial reserves, and audit information. Mr. Greenlee provided historical information about the benchmark, pointing out that the same formula had been used since the first district assistance fund distribution in fiscal year 1994-1995. Besides problems that exist with the formula itself, Mr. Greenlee pointed out a more basic concern: there exists no standard, state-wide method of determining accurate caseload. What constitutes a ‘case’ is interpreted differently, which leads to under- or over-reporting and, ultimately, to an inequitable fund distribution. Mr. Triche asked Mr. Champagne, a chief public defender, his concerns about the form. Chief among his concerns is using two-year old data to determine current grants.

Mr. Triche asked staff to study the problem with the aim of finding a more equitable distribution formula.

STAFF ACTION NEEDED: Mr. Greenlee and Ms. Oliver are to prepare and present possible solutions to the caseload/benchmark problems.

Report of Director, Capital Post-Conviction Project of Louisiana. Mr. Triche called upon Denise LeBoeuf to give an update on the Capital Post-Conviction Project of Louisiana. Ms. LeBoeuf related considerable progress in the short history of the CPCPL despite the enormity of its mandate. The Project has a functioning office and a growing staff. Ms. LeBoeuf is working with other capital post-conviction service providers in order to assure that no prisoner lacks post-conviction representation. In response to Mr. Triche’s query of how the board could help her, Ms. LeBoeuf answered that because of underfunding CPCPL is having difficulty complying with the time limitations to file state post-conviction relief to protect federal habeas corpus rights.

Mr. Triche appointed a committee of Mr. DeSalvo, Mr. Di Giulio and Mr. Lee to address this issue.

FY 2001-2002 Budget Review. Mr. Greenlee presented a packet of last year’s board-approved budget and this year’s first draft of a budget for next fiscal year providing an overview explanation of allocation of funds to LIDAB programs.

STAFF ACTION NEEDED: (1) Present a budget for board approval before fiscal year end (June 30); and (2) ask David Utter to attend the next meeting to explain Juvenile Justice Project of Louisiana grant.

FY 2001-2002 Contract Review. Mr. Greenlee provided a chart prepared by Ms. Oliver and much discussion ensued among Mr. Greenlee, Ms. Oliver, Mr. DeSalvo, Mr. Di Giulio and Prof. Ghetti, who asked for explanations about encumbered funds, how contract amounts were arrived at, and how attorneys or entities were remunerated for services and costs. Prof. Ghetti asked if an expert witness program still existed. Ms. Oliver explained the LIDAB could no longer fund the expert witness/testing program.

STAFF ACTION NEEDED: (1) provide Mr. DeSalvo with a sample contract for individuals paid by billing and entities paid monthly for specified services; (2) provide Mr. Di Giulio with a report of billing and payments to individual contractors.

Other Business.

Death Penalty Moratorium.

Mr. Triche recognized Mr. Di Giulio who spoke in favor of a board resolution for a death penalty moratorium. Thereafter there was much discussion in which a majority of board members expressed opposition to such a resolution. No action was taken.

Administrative Rules.

The staff recommended that the administrative rules previously approved by the Board be combined into one set of rules and submitted to the State Register as soon as possible. Mr. Greenlee expressed his desire to move forward with the process and noted that Ms. Oliver had contacted the state register and legislative fiscal office regarding completion of the promulgation process. Ms. Oliver presented the combined rules and provided a brief description of the rationale of editing for clarity and elimination of repetitive language and asked the board to review the rules. Mr. Greenlee asked that the Board be prepared to vote on the combined rules at the next meeting. Mr. Phelps suggested that a quick review by the legal community might be appropriate. Mr. Triche agreed and asked staff to send the proposed rule to LACDL and LaPDA and ask for a quick turn-around with suggestions.

STAFF ACTION NEEDED: Send proposed rule to LACDL and LaPDA, asking for suggestions to be sent before the next board 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.