Louisiana

Indigent Defense Assistance Board

Minutes of the Board Meeting

September 4, 2003

Baton Rouge, Louisiana

Southern University, Room 207

Members Present: John DiGiulio; Cameron Gamble; Michelle Ghetti; Addison Goff; and Donald Phelps.

Ex Officio Members Present: Anthony Champagne and Henry Walker.

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

Guests Present: Grace Bauer, Cathy Boyette, Gabriella Celeste, Ben Cohen, Angela Conyers, Denise LeBoeuf, Jim Looney, Tom Lorenzi, Mike Mitchell, Stephen Singer, David Utter, Neal Walker, Brice White and Gina Womak.

Call to Order and Opening Remarks. The meeting was called to order at 2:25 p.m. by the acting Chair, Michelle Ghetti. Ms. Oliver called the roll; a quorum was present.

Review and Adoption of Minutes from the July 24, 2003 Meeting. Mr. DiGiulio noted that Mr. Sarver’s name had been omitted from members selected to be on the Litigation Committee and moved that the minutes of the meeting held on July 24, 2003 be amended to include Mr. Sarver on the Litigation Committee ant that the minutes be adopted as amended. Mr. Goff seconded the motion, which passed without objection.

Jim Boren’s Address to the Board Regarding Ethics Opinion. Jim Boren, a criminal defense attorney from Baton Rouge, addressed the Board concerning an ethics opinion issued by the American Council of Chief Defenders (ACCD), a division of the National Legal Aid and Defender Association, regarding caseload limits for public defenders. Mr. Boren urged the Board to adopt the ACCD ethics opinion as its own standard for caseload limits for public defenders statewide. Board members expressed concerns about such an action. There was discussion of whether or not the ACCD opinion is legally binding and whether the existence of the Louisiana Attorney Disciplinary Board’s Rules of Professional Conduct and the existence of the Board’s own standards concerning caseload limits eliminate the need for adoption of the ACCD opinion. Mr. Di Giulio moved that the Board pass a resolution endorsing the caseload limits previously adopted by the Board as ethical standards that the local public defender boards are encouraged to enforce. Ms. Ghetti seconded the motion which passed without opposition. In a follow-up discussion the Board also discussed the possibility of withholding funds from local indigent defender boards that do not enforce caseload limitations. Mr. Di Giulio moved that the Board form a committee of the whole to identify issues for the Louisiana Task Force on Indigent Defense Services and make recommendations to the task force on these issues. Mr. Phelps seconded the motion which passed unopposed.

DNA Testing Fund. Mr. Greenlee briefed the Board on the status of the DNA testing fund appropriated by the legislature for fiscal year 2003-2004. Mr. Greenlee explained that there were currently 3 applications for DNA testing pursuant to Louisiana Code of Criminal Procedure Article 926.1. Mr. Greenlee stated that $37,500.00 had been appropriated for the DNA Testing Post-Conviction Relief for Indigents Fund for fiscal year 2003-2004 and that payment of DNA testing pursuant to Article 926.1 would be made on a first come first serve basis until the fund was depleted. Any requests for DNA testing after the DNA Testing Post-Conviction Relief for Indigents Fund was exhausted would have to be paid next fiscal year. Mr. Greenlee requested that the Board vote to lift the current cap of $2,000.00 for DNA testing at his discretion, in order to comply with the statute. Mr. Goff moved that the Board approved Mr. Greenlee’s request, Mr. Di Giulio seconded the motion which passed without opposition.

Capital Committee Report. Ms. Ghetti presented the recommendation of the Capital Committee to recommend against action on the proposed merger of the Louisiana Crisis Assistance Center and the Capital Appeals Project until the Board received more information about the merger and had sufficient time to study the additional information. Mr. Phelps made a motion to adopt the recommendation of the Capital Committee, which was seconded by Mr. Di Giulio and passed without opposition. The Board once again discussed the urgent need for additional funds for all of its programs and how it might obtain additional funds. Ms. Ghetti suggested that the staff apply to the Louisiana Commission on Law Enforcement for a grant in the amount of $1.5 million to start a new program to provide funds for expert witnesses and specialized testing. Mr. Goff moved that the staff apply for a grant from the Louisiana Commission on Law Enforcement as suggested by Ms. Ghetti; Mr. Di Giulio seconded the motion which passed without opposition.

Discussion of Juvenile Issues in Louisiana. David Utter and Gabriella Celeste of the Juvenile Justice Project of Louisiana (JJPL) addressed the Board concerning the juvenile justice system in Louisiana. Ms. Celeste related continuing problems with waiver of counsel by juveniles and the current investigation of Louisiana’s juvenile justice system by the U.S. Department of Justice. Mr. Utter introduced Grace Bauer, a member of Families and Friends of Louisiana’s Incarcerated Children (FFLIC) who told of the horrific experiences of her son who was incarcerated in Louisiana after waiving his right to counsel. Gena Womak of FFLIC also related problems experience by youths who waived the right to counsel and were subsequently incarcerated. Staff of the JJPL’s Post-Disposition Project, Angela Conyers, attorney, and Brice White, youth advocate, described their work to obtain the release of youth in secure care and provide appropriate after care plans for those released. Cathy Boyette, a juvenile hearing officer in Caddo Parish informed the Board that just 3 public defenders are assigned to handle 10,000 juvenile cases in Caddo Parish. Ms. Boyette urged the adoption of standards for public defenders representing juveniles and stressed the importance of providing sufficient defenders for the caseload. After discussion, Ms. Ghetti moved that the Board form a committee of the whole on Juvenile Justice to address standards for juvenile defense. Mr. Goff seconded the motion which passed without opposition. Mr. Gamble then moved that the Board commend the Juvenile Justice Project of Louisiana for its work and request that the JJPL make recommendations regarding juvenile defense for presentation to the Task Force on Indigent Defense Services. Mr. Goff seconded the motion which passed unopposed.

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