Louisiana

Indigent Defense Assistance Board

 

 

Minutes of the Board Meeting

February 21, 2003

Baton Rouge, Louisiana

Louisiana State University, Tucker Room

 

 

Members Present: Cheney C. Joseph, Chair; Alfred Boustany; John DiGiulio; Cameron Gamble; Michelle Ghetti; and Donald Phelps.

 

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

 

Staff Present:  Edward R. Greenlee and Marsha Austtun Oliver.

 

Guests Present:  Raymond Cannon, Gary Clements, Kerry Cuccia, Richard Goorley, Denise LeBoeuf, Jim Looney, Paul Marx, Mike Mitchell, David Price, Kenneth Rodenbeck, Clive Stafford Smith, David Utter, and Ronald Ware.

 

Call to Order and Opening Remarks.  The meeting was called to order at 1:05 p.m. by the Chair.   Ms. Oliver called the roll; a quorum was present.    

 

Review and Adoption of Minutes of the Meeting of November 20, 2002.  The minutes of the previous meeting held on November 20, 2002 were reviewed.  Mr. Phelps moved that the minutes be adopted.  Ms. Ghetti seconded the motion, which passed without objection.

 

Proposed Legislation.   Mr. Greenlee reviewed proposed legislation for the implementation of a $40.00 application fee for defendants seeking representation from the indigent defender boards as a means of offsetting some of the revenue losses many districts are suffering due to continually shrinking court costs revenues.  Senator Dardenne will be the sponsor of the legislation to be proposed during the 2003 session.  Board members, assured that no one truly unable to pay the fee would be denied counsel, expressed support for the application fee.  Mr. Di Giulio moved that the Board submit a resolution in favor of the legislation, which was seconded by Ms. Ghetti and passed without opposition.    

 

Vice-Chair.  Mr. Joseph noted that a Vice Chair had not been selected by the Board.  Due to the resignations of Frank DeSalvo and Wayne Lee, the Board deferred selection of a Vice Chair until appointments had been made to fill the positions left vacant by Messrs. DeSalvo and Lee.

 

Fiscal Year 2002-2003 Budget Cuts.  Mr. Greenlee advised the Board that the funds subject to the budget freeze previously ordered by the Governor had become a budget cut.  In response to a request by Mr. Greenlee in October 2002, several of the directors of LIDAB programs submitted amounts by which their respective budgets could be decreased.  The total of program budget reductions submitted fell short of the $348,551.00 cut mandated by Governor Foster.  Program directors, public defenders and other interested parties presented commentary on how the remaining cuts should be distributed among the LIDAB programs.  After much discussion, Mr. DiGiulio moved that the budgets of the LIDAB programs be reduced as follows:

           

Baton Rouge Capital Conflict Office                          $  50,000.00  

Capital Assistance Project of Louisiana                     $  60,000.00

Capital Defense Project of Southeast La.                    $  60,000.00

Louisiana Crisis Assistance Center                             $    5,000.00

Capital Post-Conviction Project of Louisiana             $  20,000.00

Louisiana Appellate Project                                        $125,000.00

District Assistance Fund                                             $  25,000.00

Juvenile Justice Project of Louisiana                          $    7,000.00

 

Mr. Boustany seconded this motion.  Mr. Gamble voted in favor of the motion.  Ms. Ghetti opposed the motion.  Mr. Phelps abstained.  The motion passed.

 

Fiscal Year 2003-2004 Budget Cuts.  Mr. Greenlee reviewed budget cuts proposed by the Executive Office for fiscal year 2003-2004.  The Governor’s office submitted a budget cutting the LIDAB budget by approximately $685,000.00.  The Board discussed the devastating consequences of such a cut and Mr. Joseph suggested that Board members, public defenders and program directors attend legislative budget committee meetings in support of maintaining the LIDAB budget without the proposed cut.  Mr. Greenlee stated that he would notify the chiefs of all the district indigent defender boards of the time and place of legislative committee meetings concerning the LIDAB budget. 

 

Committee Assignments and Meetings.  Mr. Greenlee stated that committee assignments of the Board members needed review as there was confusion regarding assignments to the two capital committees.  Mr. Boren requested that the committees select a chair, have regular meetings and submit a report promptly.  Mr. Di Giulio suggested that the two capital committees be re-established as one committee, that a Chair of a committee be appointed and all Board members consult with Mr. Greenlee as to their desire to be on the capital committee.  Mr. Greenlee advised all interested members to contact him so that a meeting of the capital committee is scheduled as soon as possible. 

 

Reports on Conflict Panels.  Mr. Greenlee distributed reports on the caseloads of each of the capital conflict offices for the review of the Board.

 

Capital Post-Conviction Expert Issues.  Mr. Greenlee explained problems involved in paying for expert witness fees where indigents were represented by counsel pro bono.  The board deferred action on this request to later meeting.

 

Other Business.  None.

 

Adjournment.  There being no additional business brought to the attention of the Board, Mr. Boustany moved that the meeting be adjourned.  Mr. Phelps seconded the motion which passed without objection.