Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

April 8, 2003

Baton Rouge, Louisiana

Louisiana Senate Committee Room 1

Members Present: Duncan S. Kemp, III, Chair, Alfred Boustany, John DiGiulio, Cameron Gamble, Michelle Ghetti, Addison Goff and Leo Hamilton.

Ex Officio Members Present: Anthony Champagne, Robert Glass and Henry Walker.

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

Guests Present: David Carroll, Shubi Deoras, Representative Lydia Jackson and Kate Jones.

Call to Order and Opening Remarks. The meeting was called to order at 2:05 p.m. by the Chair. Ms. Oliver called the roll; a quorum was present. The Board welcomed new board members, Mr. Kemp, Mr. Hamilton and Mr. Sarver.

Discussion of National Perspective of Louisiana’s Indigent Defense Services. David Carroll of the National Legal Aid and Defender Association (NLADA) delivered a presentation on the indigent defense system in Louisiana, providing comparisons to other states. Mr. Carroll noted that only Louisiana and Alabama depended upon court costs for the funding of indigent defense. Mr. Carroll demonstrated that per capita funding of indigent defense in Louisiana was far less than states with similar populations. Mr. Carroll provided examples of commissions in other states appointed to study and provide solutions for indigent defense reform.

Shubi Deoras of the American Bar Association presented the Ten Principles of a Public Defense Delivery System adopted by the ABA in February 2002. Ms. Deoras opined that Louisiana did not comply with 9 of the 10 standards set forth therein.

Kate Jones of the National Association of Criminal Defense Lawyers (NACDL) discussed litigation that has spread across the United States as a result of the failure of several states to provide defense counsel to indigents as mandated by the Sixth Amendment. Ms. Jones noted that several jurisdictions in Louisiana may soon be the subject of litigation for the alleged failure to provide indigent defense counsel.

The Board discussed the presentations and Mr. Di Giulio moved that the LIDAB present a resolution in support of the appointment of a Blue Ribbon Commission to study indigent defense in Louisiana and present recommendations to the legislature. Mr. Goff seconded the motion which passed without opposition.

Mr. Di Giulio also moved that the LIDAB request assistance from the ABA, NACDL and NLADA in the formation of the Blue Ribbon Commission. Mr. Gamble seconded the motion which passed without opposition.

Other Business. None.

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