Louisiana

Indigent Defense Assistance Board

 

Minutes of the Board Meeting

May 31, 2006

Louisiana State Capital, Senate Committee Room A

Baton Rouge, Louisiana

 

Members Present:  Jerri G. Smitko, Chair; Alfred Boustany; Cameron Gamble; Janet Hoeffel; Rev. Dan Krutz; Lucy McGough; Donald North; Walter Sanchez; Tarvald Smith; and Majeeda Snead.

 

Ex Officio Members Present:  Anthony Champagne, Vice-Chair.

 

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

 

Guests Present:  Richard Bourke, Gary Clements, Kerry Cuccia, Jim Looney, Mike Mitchell, Deiter Pichowiak and Jelpi Picou, Jr.  

 

Call to Order and Opening Remarks.  The meeting was called to order at 2:15 p.m. by the Chair.   Ms. Oliver called the roll; a quorum was present.

 

Review and Adoption of Minutes from the March 2, 2006 Meeting.  Due to computer problems, the minutes were unavailable for review and approval and will be reviewed at the next meeting.  

 

Setting of Future Meetings.  Ms. Smitko suggested that the Board meet every other month for the rest of the year.  Ms. Hoeffel suggested that the Board meet monthly at least through the end of the year due to the crisis in indigent defense.  Mr. Sanchez moved that the Board hold monthly meetings for the rest of the year.  Mr. Gamble seconded the motion.  Mr. Greenlee pointed out that the additional cost for per diem and travel for unanticipated meetings had not been budgeted, but he felt there was room in the budget for the costs of the extra meetings.  Mr. Greenlee also indicated that a meeting in July was essential to vote on a budget once the budget was finalized by the legislature and the Governor.  The Board discussed which day of the week was most advantageous, as well as the location of the meetings.  Mr. Sanchez then amended his original motion to set meetings for the third Tuesday of every month through the summer, beginning June 20, 2006.  Mr. Gamble seconded the motion which passed without opposition.  The Chair then set meetings at 2:00 p.m. on the following dates:  June 20, 2006 in Baton Rouge; July 18, 2006 in New Orleans; and August 15, 2006 in Baton Rouge.    

 

Report of Finance Sub-Committee.  Mr. Greenlee reported to the Board that the Finance Sub-Committee had discussed allocation of the possible $10 million in additional funding the LIDAB may receive in fiscal year 2006-07.  The sub-committee also discussed the proposed grant to the NLADA to study the indigent defense system in Louisiana and the possibility that Senate Bill 422, currently pending in the legislature, by providing a uniform system of record keeping for finances and caseloads, along with studies done by the Department of Justice, might obviate the need for the proposed NLADA study.  At the sub-committee meeting, Mr. Gamble requested that James Looney make a presentation to the Board about a case tracking and management system developed by Deiter Pichowiak.     

 

Discussion of Other Sub-Committees.  Ms. Smitko moved that a sub-committee on Leadership and Standards be formed as per the request of Ms. Hoeffel.  Mr. Sanchez seconded the motion.  Mr. Gamble commented that the mission of the Board is unclear – is it to receive funds from the legislature and disburse the funds or does the Board have more substantive responsibilities, such as responding the crisis at the Orleans Indigent Defender Program?  Ms. Smitko found that the Yale retreat she attended, along with some other Board members, was very helpful in deconstructing the indigent defense system and discussing methods of reconstruction.  Ms. Smitko suggested the new sub-committee go on a retreat similar to the one sponsored by Yale Law School to discuss what statutory changes might be needed, if any, to enable the Board to be more than just a conduit for money.  Ms. Snead and Mr. Sanchez agreed that the retreat was a good idea.  Mr. North also questioned LIDAB’s role in indigent defense and urged the Board to hear from those who currently work in indigent defense positions, suggesting the Board set up a forum where indigent defenders can tell the Board what is needed to improve indigent defense.  Mr. North said the Board should not micromanage indigent defense, rather the Board should provide resources and give indigent defenders the opportunity to provide feedback.  Mr. Boustany then moved to amend Ms. Smitko’s motion to direct the Leadership and Standards Sub-Committee to study the statutory legal authority of the Board and to provide uniform standards for indigent defense in Louisiana.  Mr. Sanchez seconded the motion, as amended, which passed without opposition.  Ms. McGough said it was important to have board members other than academics on the sub-committee.  Mr. Smith and Mr. North both wanted the sub-committee to make certain it received input from indigent defenders.  Ms. Smitko asked those members who wished to be on the sub-committee submit their names to Ms. Oliver.

 

Presentation of Web Based State-Wide Data Collection Program by James Looney.  At the request of Mr. Gamble, James Looney and Deiter Pichowiak presented a demonstration of a web-based data collection program designed by Mr. Pichowiak.  Mr. Looney explained that Mr. Pichowiak had developed a web-based program for the Louisiana Appellate Project to keep track of statistics on appeal, an improvement on the previous date collection system used by LAP because of real time updating.  As attorneys log in the case information, the status of each case is instantly updated.  After hearing about the LAP’s web-based program, some chief indigent defenders approached Mr. Looney and Mr. Pichowiak about developing a similar program for case tracking.  The 4th JDC Indigent Defender Board became the beta test of the new program.  Mr. Looney demonstrated how to input and access various data related to case tracking.  Mr. Champagne inquired if financial data could be tracked by the system.  Mr. Pichowiak responded that new fields could be added for finances.  Mr. North inquired about what would happen if the system crashed.  Mr. Pichowiak stated that the system was backed-up on site and by himself daily.  Mr. Sanchez asked where the server was located and Mr. Pichowiak responded it was located in Vancouver, WA.  The Board discussed various uses for the system.  Ms. Smitko asked about the cost and Mr. Looney responded that currently it was $125 per month for hosting, training and maintenance.  The total annual cost of the system statewide would be approximately $50,000.  Mr. Greenlee stated that David Carroll of the NLADA was looking over the system with experts in case management and was looking into the possibility of a grant for Louisiana to institute the system.  Ms. Smitko asked Mike Mitchell, chief indigent defender in the 19th Judicial District Court, what the cost of his case management system was.  Mr. Mitchell stated that his office paid $500 per month for its system and that it was very complex.  The Board agreed that the system could be very advantageous and thanked Mr. Looney and Mr. Pichowiak for their presentation.    

 

Status of Search for Capital Post-Conviction Project of Louisiana Director.  Mr. Greenlee informed the Board that today was the deadline for submission of applications for the position of director of the Capital Post-Conviction Project of Louisiana (CPCPL).  Mr. Greenlee stated that there had been only two applicants to date, but that it was possible another application might be received today.  Ms. Smitko then moved to allow Mr. Greenlee to review all applicants and choose the director of CPCPL.  Mr. Sanchez seconded the motion which passed without opposition.

 

Executive Director’s Report.  Mr. Greenlee advised the Board that due to health problems and other obligations, Sam Dileo was resigning from the Board.  Mr. Greenlee stated that the Louisiana Commission on Law Enforcement (LCLE) had awarded large grants to the 25th Judicial District Indigent Defender Board and the Orleans Indigent Defender Program for Katrina relief.  Mr. Greenlee then briefed the Board on the status of Senate Bill 422 which was drafted by Senator Lydia Jackson in consultation with the legislative auditor and mandates uniform financial reporting by the district indigent defender boards.  SB 422 had passed out of committee without objection and was moving to the Senate floor.  Mr. Greenlee also related that during his recent testimony before the Senate Finance Committee hearing on House Bill 1, many committee members asked questions indicating awareness of the problems facing indigent defense.  Mr. Greenlee informed the Board that HCR 206, continuing the Task Force on Indigent Defense, was moving through the legislature.  Mr. Greenlee then made some recommendations for the fiscal year 2006-07 budget in the event the additional $10 million was approved for the LIDAB budget.  Mr. Greenlee proposed:

• an additional $4 million in district assistance funds to be distributed to enable local boards to meet caseload standards;
• the CPCPL be funded in the amount of $1.9 million to provide representation to all those in capital post-conviction proceedings and clear the backlog of cases in 3-5 years;
• reinstatement of the expert witness and specialized testing fund based on different qualifying criteria than the previous fund to encourage equitable distribution of the funds;
• enhanced funding of the capital conflict programs and creation of new programs such as juvenile pilot for regional representation, education and training, and representation after sentencing in capital cases, as proposed by the directors of CAP, CPCPL and LCAC.

Mr. Greenlee requested that Jelpi Picou, Jr., director of CAP, make a presentation about his proposal for providing representation to indigents in capital cases following sentencing.

 

Mr. Picou requested $230,000 for the Capital Appeals Project, Capital Post-Conviction Project of Louisiana and Louisiana Capital Assistance Center to provide representation to indigents in capital cases during the crucial period between sentencing and filing of the motion for appeal.  Mr. Picou said that the LIDAB was mandated to provide such representation, but because of the lack of funding, this area of representation had been previously ignored.  Mr. Picou pointed out that several capital defendants had not been provided representation during this crucial phase in capital cases and that appropriate representation at this phase could also result in cost savings.  Mr. Boustany asked if investigative services provided under the proposal would be duplicative of the post-conviction program.  Mr. Picou responded affirmatively, but that it would preserve error for appellate review and could turn up evidence that would best be discovered as early as possible.  Mr. Picou said it was urgent that the Board move on the proposal as soon as possible.  Ms. Snead moved that the Board deviate from the agenda to vote on the proposal.  The motion was seconded by Mr. Smith and passed without opposition.  Ms. Snead then moved that the Board fund the proposal for a period of 13 months for representation from the moment of the capital verdict contingent upon sufficient funds in the LIDAB budget.  Ms. Hoeffel seconded the motion which passed without opposition.

 

The Board briefly discussed the director’s budget proposals.  Ms. Smitko asked Ms. McGough to check with the MacArthur Foundation to make sure it was already funding a juvenile pilot program, so the LIDAB did not duplicate other efforts in juvenile defense.  Ms. McGough asked for copies of the previous memo in regard to juvenile representation and the caseload information which includes juvenile caseloads.

 

Public Comments.

 

Senator Lydia Jackson briefly addressed the Board stating that she was pleased to be at the meeting and at the level of engagement by the Board.  She said she hoped that future legislation would transfer more authority to the Board to assist in the performance of its duties.  Senator Jackson also stated that she felt the additional $10 million included in House Bill 1 for the LIDAB was “relatively safe” at this time.  She urged board members to speak in favor of the additional funding on Monday, June 5, 2006 during public comment for House Bill 1.

 

Other Business.  Ms. Smitko moved to direct Mr. Greenlee to draft letters of thanks to the Yale Law School, Chief Justice Pascal Calogero, Justice Bernette Johnson, and Frank Neuner for their assistance and participation in the retreat in Springfield, La. the previous week.  The motion was unanimously seconded by all board members.  Ms. Smitko moved that a special letter of accommodation be sent to Andrea Armstrong, the student at Yale Law School, who coordinated the retreat, along with a thank you gift.  This motion was also unanimously seconded by all board members.

 

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