Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

June 13, 2003

Baton Rouge, Louisiana

Southern University, Room 207

Members Present: Duncan S. Kemp, III, Chair; Alfred Boustany; John DiGiulio; Cameron Gamble; Michelle Ghetti; Addison Goff; Donald Phelps; and Richard Sarver.

Ex Officio Members Present: Anthony Champagne and Henry Walker.

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

Guests Present: Denise LeBoeuf, Jim Looney, Mike Mitchell, David Price, Kenneth Rodenbeck, John Simmons and George Steimel.

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.

Emergency Funding Requests. Mr. Greenlee briefed the Board in regard to an emergency request for funding by the 19th Judicial District Indigent Defender Board for the representation of Derrick Todd Lee as well as the possibility of other districts requesting emergency funds for Mr. Lee’s representation. Michael Mitchell, Chief Indigent Defender for the 19th Judicial District, addressed the Board stating that he has been appointed as lead counsel in the Lee case and requested assistance from the Board due to the complex nature of the Lee case. Mr. Mitchell stated that he is proceeding to litigate for funding from all available sources for the representation of Mr. Lee.

Ms. Ghetti moved that the LIDAB grant Mr. Mitchell’s request for assistance for the representation of Derrick Todd Lee; that Mr. Greenlee seek special funding for the representation of Derrick Todd Lee from the Governor’s Office and the Legislature; and that no funds previously dedicated to existing LIDAB programs be used for funding the representation of Derrick Todd Lee. Mr. Phelps seconded the motion which passed without opposition.

Other Business. At the request of Denise LeBoeuf and John Simmons the Board voted by a two-thirds margin to add the following items to the agenda:

Capital Post-Conviction Project of Louisiana. Denise LeBoeuf advised the Board that the Board of Directors of the CPCPL adopted a resolution prohibiting the CPCPL from providing any funds for expert witnesses to civil law firms handling capital post-conviction cases on a pro bono basis and requested that the LIDAB consider adopting the same policy. Ms. LeBoeuf also explained to the Board provisions in a bill pending in the legislature in response to the Atkins case regarding determination of mental retardation for the purposes of capital prosecution. Ms. LeBoeuf urged that the Board to support a pretrial determination of mental retardation without the consent of the district attorney citing the reduced cost of defense if such a decision is made pretrial. Mr. Boustany moved that the Board submit a resolution to the legislature supporting the passage of House Bill 1017 without a provision requiring the consent of the state for a pre-trial determination of mental retardation of a capital defendant. Mr. Di Giulio seconded the motion which passed without opposition.

Determination of Indigency for Application Fee. John Simmons, Chief Indigent Defender for the 22nd Judicial District expressed concern regarding the need for guidelines for the determination of indigency for implementation of $40.00 application fee. Mr. Greenlee assured Mr. Simmons that a committee was to be formed immediately to address the issue prior to the effective date of mandated application fee.

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