Orleans Parish

Gideon Alert: New Orleans DA questions appointed counsel for those who make bail

BY David Carroll on Wednesday, November 9, 2011 at 9:48 AM

Bail is often posted by someone else on behalf of a defendant.  Another person may have all sorts of reasons for wanting to get the defendant out of jail.  For example, parents of an adult defendant may find themselves serving as caretaker for the defendant’s children while the defendant is in jail, or a defendant’s in-laws may want the defendant to get back to work to support the family.  But these people may not have a similar or any incentive to hire a lawyer to defend the charge against the defendant.  The assets of others cannot be considered in determining whether the defendant is indigent and entitled to a public lawyer, because others cannot be compelled to hire a lawyer for the defendant.  

Louisiana Public Defender Board sues Orleans Parish judges

BY Jon Mosher on Wednesday, January 12, 2011 at 11:37 AM

The Courthouse News Service reports that the Louisiana Public Defender Board has filed a law suit against 23 Orleans Parish (New Orleans) judges for their failure "to collect a $35 fee from criminal defendants who appear before them. The fee, which is mandatory, helps fund public defenders offices, and the judges' refusal to collect it has resulted in 'critical underfunding' of the New Orleans Public Defender's Office, according to the complaint."

At the request of the Louisiana State Bar Association and Louisiana State Bar Foundation, NLADA evaluated the Orleans Parish public defender system, both pre- and post-Katrina (Hurricane Katrina of August 2005). This 2006 report concludes that the problems of the Orleans indigent defense system cannot be fixed within the boundaries of the parish and that long-lasting reform will necessarily take comprehensive statewide legislative action.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 09/2006

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Commissioned by the Louisiana State Bar Association and the Louisiana Bar Foundation, this NLADA report focused on New Orleans' system for providing legal representation to low-income people charged with crimes, concluding that the New Orleans indigent defense crisis could not be fixed without comprehensive statewide reform and setting out a step-by-step blue print for legislative action in the 2007 Legislative session. Those reforms were eventually successful, with the passage of Act 307, The Louisiana Public Defender Act, creating the public defender system in place today.

Author/Organization: National Legal Aid & Defender Association (NLADA)
Publication Date: 9/22/2006

Items contained in the NLADA Library do not and are not meant to constitute advice of any kind. Content in the NLADA Library is contributed by users. If you believe this material infringes your or any other person’s copyright or if you feel that the material is inappropriate, please report this to NLADA Staff by clicking below.

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