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Started By
Message
Potential changres in public defense system in LA
Posted on 2/19/24 at 9:56 am
Posted on 2/19/24 at 9:56 am
LINK
We got the current system because the prior system was so terrible. I don't think anyone can say, years later, that this new system is any better.
I'm glad this issue is getting attention.
This seems to be one of those situations where we should ask, what do other states do? Does any state have a successful or at least reasonable system, and if they do, can we just copy that?
I also think it's interesting that the current state public defender supports this move... but that's because he wants the posistion for himself.
quote:
In Louisiana, an 11-member board oversees the public defense system, allocating funds to various districts, selecting chief public defenders and bankrolling capital defense.
State lawmakers formed the board in 2007 in a bid to bring independent oversight to a balkanized system of public defense in Louisiana.
But the Legislature will soon consider at Gov. Jeff Landry’s request a bill that would eliminate the board’s oversight capacity. Instead, control would transfer to a state public defense czar appointed by the governor to serve a six-year term.
We got the current system because the prior system was so terrible. I don't think anyone can say, years later, that this new system is any better.
I'm glad this issue is getting attention.
This seems to be one of those situations where we should ask, what do other states do? Does any state have a successful or at least reasonable system, and if they do, can we just copy that?
I also think it's interesting that the current state public defender supports this move... but that's because he wants the posistion for himself.
4
Posted on 2/19/24 at 10:19 am to LSUFanHouston
What other states do is use a dedicated property tax millage or sales tax which funds both their DA and PD offices who split the funds exactly down the middle. That way, prosecution and defense have relatively equal resources. In Louisiana, a public defender is an automatic guilty verdict because the resources of prosecution is often 5 times that of the public defender, meaning the PD has only enough time to briefly glance at what the accused is charged with before the trial. They have no time or resources to do any investigative work, and rarely even get to review any discovery. It’s an absolute joke. In jurisdictions where the DA and PD are on equal footing financially, PD’s actually have the ability to do more than simply plead down to a lesser charge.
Posted on 2/19/24 at 10:23 am to LSUFanHouston
quote:
. I don't think anyone can say, years later, that this new system is any better.
Centralizing it into a political position seems like the opposite way to improve this (or basically any) system.
They're even using the terrible term "czar".
I don't know what the perfect system is, but it's almost a 0.0% chance consolidating power in a political appointee is that system.
Posted on 2/19/24 at 10:51 am to kingbob
quote:
In Louisiana, a public defender is an automatic guilty verdict because the resources of prosecution is often 5 times that of the public defender, meaning the PD has only enough time to briefly glance at what the accused is charged with before the trial. They have no time or resources to do any investigative work, and rarely even get to review any discovery. It’s an absolute joke.
It’s a real travesty. I’m glad you brought this up.
Posted on 2/19/24 at 10:52 am to SlowFlowPro
quote:
consolidating power in a political appointee
For such a long term, too.
Posted on 2/19/24 at 10:53 am to LSUFanHouston
quote:
I also think it's interesting that the current state public defender supports this move... but that's because he wants the posistion for himself.
He’s buddies with Landry so the position will probably be his. I wonder how much it will pay. $250k?
Posted on 2/19/24 at 12:54 pm to kingbob
quote:
In Louisiana, a public defender is an automatic guilty verdict because the resources of prosecution is often 5 times that of the public defender, meaning the PD has only enough time to briefly glance at what the accused is charged with before the trial. They have no time or resources to do any investigative work, and rarely even get to review any discovery. It’s an absolute joke. In jurisdictions where the DA and PD are on equal footing financially, PD’s actually have the ability to do more than simply plead down to a lesser charge.
And in LA, one of the biggest criticisms is DAs who drop the ball and/or don't prosecute / plead down charges. And that's WITH this huge resource advantage.
If resources are taken away from the DA, I can't imagine how incompetent they would be, absent some major fundamental changes.
Posted on 2/19/24 at 1:07 pm to LSUFanHouston
Louisiana has an “everything” problem when it comes to criminal justice.
You have corrupt elected judges that refuse to set bails for repeat violent offenders so they immediately get released and never attend their trials while being out committing more felonies.
You have incompetent cops who only focus on revenue generation so they can defraud retirement systems with phony OT schemes. They see themselves as tax collectors or as an occupying force to keep the locals in line rather than as public servants protecting people.
You have Soros DA’s who refuse to prosecute criminals or bungle prosecutions when they actually try.
Then there’s public defenders with zero money or resources and impossible caseloads to represent the accused.
Not to mention the corrupt for-profit prison system that pays for itself through leasing convicts out for slave labor to private corporations, a juvenile detention center that can’t even keep teens from leaving whenever they want, a completely gutted mental health system, and all kinds of other legal chicanery by the legislature, state agencies, and local governments.
You have corrupt elected judges that refuse to set bails for repeat violent offenders so they immediately get released and never attend their trials while being out committing more felonies.
You have incompetent cops who only focus on revenue generation so they can defraud retirement systems with phony OT schemes. They see themselves as tax collectors or as an occupying force to keep the locals in line rather than as public servants protecting people.
You have Soros DA’s who refuse to prosecute criminals or bungle prosecutions when they actually try.
Then there’s public defenders with zero money or resources and impossible caseloads to represent the accused.
Not to mention the corrupt for-profit prison system that pays for itself through leasing convicts out for slave labor to private corporations, a juvenile detention center that can’t even keep teens from leaving whenever they want, a completely gutted mental health system, and all kinds of other legal chicanery by the legislature, state agencies, and local governments.
Posted on 2/19/24 at 9:55 pm to 4cubbies
I heard that if the bill isn’t passed, Landry is going to get rid of the board that governs the public defenders and defund pd offices as much as he can.
Posted on 2/19/24 at 9:58 pm to SlowFlowPro
quote:
I don't know what the perfect system is, but it's almost a 0.0% chance consolidating power in a political appointee is that system.
Posted on 2/19/24 at 9:59 pm to kingbob
Don’t worry, the legislature is here to help! There’s even a special session to make it all better.
Posted on 2/19/24 at 10:39 pm to kingbob
quote:
Louisiana has an “everything” problem when it comes to "everything."
FIFY
Posted on 2/19/24 at 11:47 pm to LSUFanHouston
I worked for the La Public Defender Board for four years, roughly ten years ago. This fight has been going on for a long time. But this is the first gov. who will probably make it happen.
Posted on 2/20/24 at 8:50 am to skyisfalln
quote:
I worked for the La Public Defender Board for four years, roughly ten years ago. This fight has been going on for a long time.
What fight? To eliminate the board? Curious about your experience. Rumor is that board is basically useless and works against the best interests of local public defender offices.
Posted on 2/20/24 at 9:01 am to skyisfalln
quote:
But this is the first gov. who will probably make it happen.
From your experience, why would putting one of Landry’s political contributors in charge of the public defenders fix the situation?
This post was edited on 2/20/24 at 9:02 am
Posted on 2/20/24 at 9:02 am to 4cubbies
quote:
Rumor is that board is basically useless and works against the best interests
This describes every state government agency and subdivision in Louisiana, to be fair.
Posted on 2/20/24 at 10:37 am to 4cubbies
quote:
Landry is going to get rid of the board that governs the public defenders
He appoints a minority of the board members, so I don't think he can actually do that.
quote:
defund pd offices as much as he can.
Sounds like a constitutional issue. And is another fine example of how Baton Rouge has too much power.
Posted on 2/20/24 at 10:39 am to kingbob
quote:
Louisiana has an “everything” problem when it comes to criminal justice.
True, true.
And yet, it seems like most of the bills in this session, come to deal with how to execute people, or sentencing / parole guidelines.
To the extent there is a "bigger issue", it seems to be in everthing that happens before the sentence, like you say, the cops, the DAs, the public defenders, the judges. It doesn't seem like this session really addresses any of that.
Posted on 2/20/24 at 11:00 am to LSUFanHouston
And the legislature actually has the power to change those things, but has not chosen to exercise it.
Posted on 2/20/24 at 12:28 pm to kingbob
quote:
And the legislature actually has the power to change those things, but has not chosen to exercise it
Example 44689426 of Republicans not being serious about fixing issues.
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