*

>> SUPPORT FOR THIS PROGRAM IS

PROVIDED BY THE FOUNDATION FOR

EXCELLENCE, AND VIEWERS LIKE

YOU.

>> HELLO AND WELCOME TO

"LOUISIANA PUBLIC SQUARE", I'M

BETH COURTNEY, PRESIDENT OF LPB.

MICHAEL MARSH, A LONG-TERM

TELEVISION JOURNAL CYST WITH US

TONIGHT AND THANKS, MICHAEL.

>> BETH, THANK YOU AIM CROSS THE

STATE, LIEU CITIZENS WHO CAN'T

AFFORD REPRESENTATION ARE

SETTING IN JAILS WITH NO DATE

SET.

WITH THE SHORT FALL, PUBLIC

DEFENDER'S OFFICES ARE STRAPPED

FOR CASH.

THAT MEANS THEY'RE ONLY

DEFENDING WHO THEY CAN.

>> THOSE ACCUSED OF FELONY ACTS

INVOLVING VIOLENCE ARE OFTEN THE

FIRST PRIORITY IN MANY

DISTRICTS, OTHERWISE THOSE

ACCUSED COULD BE RELEASED

WITHOUT A TRIAL AND OTHERS SIT

ON A WAITING LIST.

CRITICS OF THE PUBLIC DEFENDERS

OFFICE SAY THE CASH THEY HAVE

COULD BE SPENT MORE WISELY, WE

WILL EXPLORE THAT WITH

JUSTICE ON HOLD: LOUISIANA'S

PUBLIC DEFENDER SHORTAGE.

WHAT HAPPENS WHEN THE PUBLIC

DEFENDER'S OFFICE DOESN'T GET

FUNDED?

SHE SPECIALIZES IN CRIMINAL LAW.

>> WE HAVE IN THIS STATE RIGHT

NOW A POPULATION OF PEOPLE WHO

MIGHT AS WELL BE THE DISAPPEARED

IN SOME OPPRESSIVE DICTATORSHIP.

THEY GET ARRESTED, THE PUBLIC

DEFENDER SAYS, I CANNOT

REPRESENT YOU, AND THEN THEY SIT

AND THEY SIT AND THEY SIT IN

JAIL AND THEY HAVE NO LAWYER AND

THEY HAVE NO MONEY TO MAKE BAIL.

AND NO INVESTIGATION IS

HAPPENING ON THEIR CASE.

>> THAT CAN HAVE DETRIMENTAL

EFFECTS IN FELONY CASES.

>> JUDGES ARE GOING TO HALT

PROSECUTIONS BECAUSE THAT IS NO

MONEY, AND BECAUSE THIS IS THE

UNITED STATES OF AMERICA AND

BECAUSE YOU CANNOT HOLD PEOPLE

IN JAIL IF THERE IS NO

PROSECUTION PENDING AGAINST

THEM, PEOPLE ARE GOING TO GET

RELEASED.

AND SOME OF THOSE PEOPLE ARE

PEOPLE WHO SHOULD NOT BE

RELEASED.

>> PUBLIC DEFENDERS FROM AROUND

THE STATE ARE TRYING TO RAISE

AWARENESS.

KATELYN GRAHAM IS A DISTRICT

ATTORNEY.

>> WE'RE FACING MASSIVE BUDGET

SHORT FALLS OF $500,000.

THAT THROAT 35 OF 52 LAWYERS

BEING FIRED.

>> WE WILL CONTINUE AT OUR

PAIRED DOWN SIZE BUT WE'RE GOING

TO DO PROBABLY 20% OF OUR CASE

LOAD IT WILL MEAN THE DISTRICT

NOT OPERATE.

>> THOSE AROUND THE STATE ARE

BASICALLY FUNDED IN TWO WAYS.

FIRST, MONEY COMES PRIMARILY

FROM LOCAL COURT FINES, THINGS

LIKE TRAFFIC TICKETS, AND ALSO

BY THE LEGISLATURE.

THEY GET FUNDS TO THE STATE

PUBLIC DEFENDERS BOARD TO DOLE

OUT TO THE LOCALS.

>> WE WERE FUNDED, $33 MILLION,

BY THE LEGISLATURE.

THAT IS GOING TO BE DECREASED TO

UNDER 13.

AND THAT WILL HAVE A DIRECT

IMPACT ON HOW WE CAN ASSIST THE

DISTRICTS AND WHAT THEY'RE GOING

TO BE FACING STATEWIDE.

>> STATE PUBLIC DEFENDER JAMES

DIXON TOLD A LEGISLATIVE

COMMITTEE RECENTLY LOCAL FUNDING

IS ALSO DRYING UP, DESPITE

RECENT CHANGES LAWMAKERS MADE TO

THE FUNDING STRUCTURE.

>> AT THE SAME TIME THAT THE

LEGISLATURE INCREASED TICKETS

FROM 35 TO $45, THERE WAS STEADY

DECLINE IN THE FILING OF LOCAL

TRAFFIC TICKETS AND CRIMINAL

MATTERS.

THE RESULT HAS BEEN TO

COMPLETELY ERASE ANYTHING THAT

THIS LEGISLATURE PROVIDED FOR

RELIEF FOR THE INDIVIDUAL

DISTRICTS.

>> BUT THE STATE'S PURSE STRINGS

ARE TIGHT.

RETIRED JUDGE AND FORMER

DISTRICT ATTORNEY DOUG MORROW

HAS BEEN PART OF THE STATE'S

JUSTICE SYSTEM FOR DECADES.

HE SAYS HE HASN'T SEEN PUBLIC

DEFENDERS MAKE THE BEST USE OF

RESOURCES.

>> THE QUESTION IS, WHAT IS

SUFFICIENT?

I MEAN, YOU CAN, ANYONE, IF I

WENT TO THE GROCERY STORE, AND

YOU DECIDED THAT YOU WANTED TO

BUY EVERYTHING IN THE GROCERY

STORE, PROBABLY WOULDN'T HAVE

ENOUGH MONEY IN YOUR PURSE TO DO

THAT.

YOU'VE GOT TO MAKE DECISIONS.

YOU'VE GOT TO USE DISCRETION.

WHAT CAN I AFFORD TO BUY.

>> BUT, METZGERS SAYS LAWYERS

CAN'T PRIORITIZE WHAT THEY DO TO

DEFEND THEIR CLIENTS.

>> THE CONSTITUTION DOESN'T

PRIORITIZE WHAT THE BEST WAY TO

REPRESENT SOMEBODY OR THE

CHEAPEST WAY TO REPRESENT IS.

THE CONSTITUTION SAYS YOU ARE

ENTITLED TO THE EFFECTIVE

REPRESENTATION OF COUNSEL AND

THAT IS EVERY CRITICAL STAGE.

>> THEY SAY THEY COULD BETTER

PAST OUT WHO THEY SERVE.

85% OF CRIMINAL CASES IN

LOUISIANA GO THROUGH THEIR

OFFICE.

>> IN A COUNTRY THAT IS ARGUABLY

THE RICHEST COUNTRY IN THE WORLD

AND THERE IS MORE OPPORTUNITY

FOR CITIZENS TO BE END AND

SUCCESSFUL, TO ACCEPT THAT 58%

OF 85%

OF PEOPLE WHO END UP BEING

CHARGED WITH A CRIME ARE

INDEPENDENT INTELLIGENT HARD TO

FOLLOW, I THINK, WITHOUT CLOSE

TO -- ARE INDIGENT, IS HARD TO

FOLLOW, I THINK, WITHOUT CLOSER

INSPECTION.

>> A CAPITAL CASE IS WHEN

SOMEONE IS A POSSIBILITY OF

SOMEONE HAVING BEEN SENTENCED TO

DEATH, AND LOT OF THOSE MONIES,

MY UNDERSTANDING, ARE AFTER THE

SENTENCING PHASE WHEN THAT

PERSON THAT DEFENDANT HAS BEEN

SENTENCED TO DEATH FOR THEIR

APPELLATE REVIEWS, WHICH THEY

ARE CONSTITUTIONALLY ENTITLED

TO.

>> BUT THOSE KANSASES CASES TAK

THIRD OF THE FUNDING.

>> THERE ARE A LOT OF THOSE

COMPLAINING THAT MONEY SHOULD BE

FAIRLY DISTRIBUTED THROUGHOUT

THE CASE OTHER THAN THE SELECT

FEW WHO HAVE THE CAPITAL CASES.

>> WHEN TEMPORARY RELIEF HAS

COME FROM PRIVATE ATTORNEYS.

HE SAYS THE STATE BAR

ASSOCIATION IS ADVISING AGAINST

THAT.

>> THEY'VE ENCOURAGED LAWYERS TO

LITIGATE THIS AS A 5th

AMENDMENT ISSUE, A TAKING ISSUE.

YOU CANNOT TAKE A TIME WITHOUT

COMPENSATION.

A LAWYER'S TIME IS ITS STOCK AND

TRADE.

>> THEY SAY THE BEST WAY IS

JUSTICE REFORM, ELIMINATE JAIL

TIME AS A SENTENCE FOR SOMEx|ú|x|

MISDEMEANORS THAT WOULD GREATLYú|ú|ú|

REDUCE CASE LOAD.ú|ú|ú|

IN THE MEANTIME, PUBLIC

DEFENDERS WORK THREE TO FOUR

TIMES THE NUMBER OF CASES

RECOMMENDED A YEAR BY THE

AMERICAN BAR ASSOCIATION.

DIXON SAYS THAT MEANS THEY ARE

PRIORITIZING CASES THAT COULD BE

A THREAT TO PUBLIC SAFETY.

>> IT IS A HORRIBLE THING THAT

PUBLIC DEFENDANTS AND PUBLIC

DEFENDERS ARE PLEASED IN THE

POSITION WHERE A DRIVING FORCE

IS PUBLIC SAFETY.

OUR GOAL SHOULD BE TO PROVIDE

EVERYONE WITH A DEFENSE, BUT WE

ARE IN THIS POSITION SO THAT

THOSE WHO ARE IN JAIL WILL

RECEIVE REPRESENTATION, WILL NOT

BE RELEASED ON CITIZEN

LITIGATION AND THEIR CASES WILL,

IN FACT, PROCEED.

>> OUR STUDIOS CEO AUDIENCE

JOINS US TO EXPLORE IT JUSTICE

ON HOLD NOW IT INCLUDES LAW

SCHOOL STUDENTS AND CURRENT AND

PRIOR DISTRICT ATTORNEYS AND

PUBLIC DEFENDERS FROM AROUND THE

STATE AND THE ADVISORY COUNCIL.

WE THANK EVERYONE FOR BEING

HERE.

LET'S TAKE A LOOK AT FACTS AND

FIGURES SURROUNDING PUBLIC

DEFENDER FUNDING.

IN THE FAST FIVE YEARS, S OF 31 OF

THE STATE'S PUBLIC DEFENDERS

OFFICES NEED HELP FROM THE STATE

BOARD.

THE LEGISLATURE HAS CONSISTENTLY

FUNDED THE PUBLIC DEFENDER BOARD

AT $30 MILLION IN THE PAST TWO

TERMS.

AN AVERAGE OF 66% OF THE

DISTRICT'S BUDGETS COME FROM THE

LOCALS.

A NEED FOR MORE FUNDS IN 2012,

THEY INCREASE THE FUNDING STREAM

FROM THE LOCALS THAT MOVE IS

PROJECTED TO INCREASE THE LOCAL

REVENUE BY 25% OR 8 MILLION IN

THE LOCAL FUNDING ANNUALLY, BUT

IT DIDN'T HELP.

THERE IS A STEADY DECREASE IN

TICKETS FILED.

IN THE SAME FIVE-YEAR PERIOD IT

DECREASED 29% ACROSS THE STATE.

IN ADDITION, LOCAL DISTRICTS

HAVE COLLECTED ONLY 47% OF

TICKETS THAT HAVE BEEN FILED.

THAT'S LED TO A $7.5 MILLION

DECREASE IN LOCAL COLLECTIONS

LAST YEAR ALONE.

SO LET'S START THERE.

WHAT IF ANYTHING IS WRONG WITH

THE FUNDING SYSTEM FOR PUBLIC

DEFENDERS?

AND, LET ME START WITH HILLER

MOORE, THE DISTRICT ATTORNEY OF

THE 19th JUDICIAL DISTRICT.

WHAT DO YOU SEE PART OF THE

PROBLEM?

>> WE SEE THINGS DIFFERENTLY

THAN THE FACTS YOU ALLEGE HERE.

I'M NOT SURE WHERE THOSE FACTS

COME FROM BUT I CAN REALLY ONLY

SPEAK TO BATON ROUGE.

WE START WITH DISTRICT ATTORNEYS

RESPECT PUBLIC DEFENDERS AND WE

BELIEVE THEY SHOULD BE PROPERLY

FUNDED.

THE QUESTION IS HOW ARE THEY

PROPERLY FUNDED AND HOW ARE THEY

USING THEIR MONEY?

SHOULD WE FUND IT OFF THE BACKS

OF THE PEOPLE THROUGH TRAFFIC

TICKETS?

PROBABLY NOT THE BEST WAY TO DO

IT BUT THAT'S THE WAY WE'VE DONE

IT FOR A LONG TIME AND CHANGE

WILL BE DIFFICULT.

THE SYSTEM HAS TO BE FAIR.

EVERYBODY HAS TO BE ACCOUNTABLE

AND THE QUESTION IS WHETHER OR

NOT THE FUNDS BEING USED NOW ARE

FUNDED WAY THEY SHOULD BE AND

USED WAIT THEY SHOULD BE.

>> THE FIGURES COME FROM THE

ANNUAL REPORT SO IT IS WRITTEN

IN STONE, SO TO SPEAK, AS FAR AS

THE STATE BUDGET IS CONCERNED.

JOHN WITH THE CAMPAIGN FOR EQUAL

JUSTICE, WHAT DO YOU THINK ABOUT

THE WAY IT'S FUNDED?

>> I THINK THERE IS A BIG

PROBLEM BECAUSE THE NATURE OF

THE WORK IS NOT TIED TO THE

FUNDING MECHANISM SO TRAFFIC

TICKETS, MOST OF THE PEOPLE CAN

AFFORD TO PAY FOR IT IT COMES

FROM A GUILTY FEE SO THOSE ARE

USUALLY THE ONES DRIVING,

SPEEDING.

WE HAVE 13 JURISDICTIONS IN THE

STATE THAT HAVE NO INTERSTATE OR

HIGHWAY.

THERE ARE OVERBURDENED SHERIFFS

OR POLICE DEPARTMENTS THAT WANT

TO FOCUS MANPOWER AWAY FROM

TRAFFIC.

IT REALLY NEEDS TO HAVE A

FUNDING SOURCE TIED TO CASE LOAD

OR WHAT THE LOCAL PUBLIC DEFENSE

OFFICE HANDLES AND RIGHT NOW

THAT DOES NOT THAT.

>> THE PROSECUTORS HE

QUESTIONING, ARE THE PUBLIC

DEFENDERS SPENDING THEIR MONEY

THE RIGHT WAY.

WHAT'S THE BEG BUDGET ITEM

THAT'S MOVEABLE.

>> IT IS THE SALARIES FOR THE

ATTORNEYS.

IT IS AN EASY WAY TO GET CONTROL

ON THAT KIND OF SPENDING, IT IS

TO PAY THE PUBLIC DEFENDERS AT

THE SAME RATE AS DISTRICT

ATTORNEYS.

THEY DO THE SAME KIND OF WORK.

THEY ARE IN COURT ALL DAY AND

THERE COULD BE PARITY SO THE

PROSECUTORS WOULD KNOW, OKAY,

THE PUBLIC DEFENDERS ARE NOT

WASTING THEIR MONEY BECAUSE

THEY'RE PAYING THE SAME AMOUNT.

THEN WE CAN KNOW WHAT WE HAVE TO

BUDGET FOR.

NOW, WHERE WE GET THAT MONEY,

YOU KNOW, THAT'S SOMETHING, I

AGREE WITH WHAT MR. MOORE SAID

THAT TRAFFIC TICKETS IS NOT THE

BEST WAY TO GET THAT MONEY.

WE SHOULD BE SERIOUS IN THIS

STATE AND FUND IT OUT OF THE

STATE GENERAL REVENUES.

>> AS FAR AS THE FUNDING GOES,

ONE OF YOUR DISTRICT ATTORNEYS

YESTERDAY SAYS THIS IS A TRUMPED

UP CRISIS.

SHE HAD A CASE THAT WAS DELAYED.

A VISITING JUDGE, SUPPOSE LEAD A

GANG-RELATED CASE.

REDUCED THE BAIL BECAUSE THE

GENTLEMAN HADN'T GONE TO TRIAL

SOON ENOUGH.

SHE WENT TO YOU AND SAID, WAIT A

MINUTE, I THINK THE PUBLIC

DEFENDER BOARD HAS TRUMPED THIS

WHOLE ISSUE UP AND THIS IS WHAT

WE'RE LEFTED WITH.

>> CLEARLY, THIS HAS BEEN COMING

FOR YEARS AND HAS BEEN SET UP

FOR YEARS AND THIS JUDGE IN THIS

CASE, HIS HANDS WERE TIED BASED

ON THE WRANGLING THAT OCCURRED

SO I BELIEVE SHE IS CORRECT, IT

HAS BEEN COMING FOR YEARS AND IT

IS ASSOCIATE WITH THE DEATH

PENALTY, WE CAN'T OVERLOOK THAT

AND IT IS THE MAKE UP OF THE

BOARD AND HOW IT GETS MONEY TO

LOCAL PUBLIC DEFENDERS.

THEY SHOULD RECEIVE MORE MONEY

FROM THE BOARD AND WE BELIEVE

THE MONEY IS THERE AND COULD BE

THERE FROM OTHER SOURCES AND

THEY CAN DO A BETTER JOB OF

COLLECTING MORE MONEYS WITH OUR

HELP AND IT IS JUST NOT BEING

DONE.

>> WHO IS ACTUALLY ELIGIBLE FOR

PUBLIC DEFENDER SERVICES?

IN OTHER WORDS, HOW IS LOUISIANA

DEFINED INDIGENT.

>> I BELIEVE IT IS DIFFERENT

ACROSS DISTRICTS.

IN LAFAYETTE, THERE IS AN

INQUIRY MADE BY THE COMMISSIONER

AT THE 72-HOUR HEARING AS HOW

WHETHER OR NOT THE PERSON AFFORD

COUNSEL, AND IF NOT, THEY'RE

SCENED AND ASSESSED A FEE BASED

ON THAT SCREENING.

SO IF THE PERSON IS CONSIDERED

INDIGENT BUT ABLE TO PAY SOME

AMOUNT, THAT AMOUNT IS

CALCULATED AND THEY ARE REQUIRED

TO PAY THAT.

ALL OF THOSE PROCESSES ARE PART

OF THE AUDIT THAT HAPPENS EVERY

YEAR WITH OUR PUBLIC DEFENDER'S

OFFICE AND EVERY PUBLIC

DEFENDER'S OFFICE ACROSS THE

STATE, SO I THINK THIS WAS KIND

OF ALLEGATION IS BEING THROWN

AROUND THIS THE PUBLIC

DEFENDER'S OFFICE TAKES ON MORE

CASES THAN IT NECESSARILY SHOULD

IN TERMS OF PEOPLE WHO AREN'T

ACTUALLY INDIGENT, I THINK THAT

IS A RED HERRING IN THIS.

IT IS POSSIBLE THAT A FEW PEOPLE

WHO POTENTIALLY COULD HIRE

PRIVATE COUNSEL DO END UP

GETTING REPRESENTED BY PUBLIC

DEFENDERS BUT I THINK THAT

NUMBER IS SO SMALL AND

INSIGNIFICANT THAT WE'RE REALLY

WASTING TIME ON THAT DISCUSSION

WHEN THERE IS A MUCH BIGGER

ISSUE AT HAND.

>> DAVID BURDEN FROM THE

LOUISIANA DISTRICT ATTORNEY'S

ASSOCIATION, LET ME ASK YOU

THIS, IS SHE BRINGING UP A GOOD

POINT, THIS IS A RED HERRING,

MAYBE PEOPLE WHO ARE INDIGENT AN

DESERVE REPRESENTATION AND

THEY'RE NOT SCAMMING THE SYSTEM.

>> WE UNDERSTAND THE DEFAULT IS

SIMPLY TO APPOINT CANALS, IT IS

THE EASIEST THING TO DO --

APPOINT COUNSEL, AND IT IS THE

EASIEST THING TO DO AND MOVES

ALONG.

MANY ARE RECEIVING COUNSEL WHEN

SHE THUD SHUTDOWN

SHOULD NOT BE.

SECTION 175 REQUIRED A $45

ENROLLMENT FEE.

SECTION 176 REQUIRES JUDGES

PERFORM A FURTHER SCREENING TO

DETERMINE IF THEY CAN PAY OVER

AND LOVE THE $40.

IF YOU EXAM A 2014 AND 2015

ANNUAL REPORTS OF THE PUBLIC

DEFENDER BOARD, YOU WILL FIND

THOSE PROVISIONS OF THE LAW ARE

BEING IGNORED AND WE FEEL THERE

IS A LOT OF MONEY BEING LEFT ON

THE TABLE THAT THEY CAN PAY OVER

AND ABOVE THE $40.

WE COLLECTED OVER $60,000 LAST

YEAR FROM DEFENDANTS WHO COULD

AFFORD TO PAY MORE THAN THE $40.

THEY PERHAPS CAN'T PAY SEVERAL

THOUSAND DOLLARS TO HIRE AN

ATTORNEY IN A CRIMINAL CASE IT

TO THE JUDGE TO EXAMINE THOSE

RECEIVING COUNSEL TO DETERMINE

HOW MUCH THEY CAN AFFORD TO PAY,

ORDER THEM TO PAY THOSE SUMS OF

MONEY AND DO WHAT THEY CAN TO

COLLECT THEM FOR THE LOCAL

PUBLIC DEFENDERS.

>> DO YOU THINK IS BEING DONE IN

EACH JUDICIAL DISTRICT ACROSS

THE STATE.

>> ABSOLUTELY NOT.

>> WHY NOT?

>> I DON'T KNOW.

YOU WILL HAVE TO ASK THE PUBLIC

DEFENDERS IN EACH OF THOSE

JUDICIAL DISTRICTS.

WE OFTEN COLLECT MORE MONEY IN A

DISTRICT OF 36,000 PEOPLE THAN

THE NEW ORLEANS PARRISH.

SOMETHING IS WRONG WITH THAT

SYSTEM.

>> YOU SAID YOU HAVE TO ASK THE

PUBLIC DEFENDERS THAT, BUT

THAT'S NOT WHAT HE SAID

THROUGHOUT THE FIRST PART OF

HITS STATEMENT.

YOU HAVE TO ASK THE JUDGES THAT.

HE SAID THAT THESE THINGS ARE

NOT DONE BECAUSE THE CASES ARE

MOVED ALONG THROUGH THE SYSTEM.

WHO MOVES THE CASE ALONG IN A

COURTROOM?

WHO CONTROLS THE COURTROOM?

THE JUDGE WHO IS RESPONSIBLE FOR

THESE DETERMINATIONS IN.

>> THE JUDGE.

NOT THE PUBLIC DEFENDERS SOME

THEN CONCLUDE YOUR STATEMENT AND

SAY THE PUBLIC DEFENDERS HAVE TO

GET THIS RIGHT, I THINK IS

MISGUIDED.

I THINK IF YOU HAVE SOMEBODY TO

COMPLAIN TO, IT SHOULD BE TO THE

JUDGES BASED ON THE FIRST PART

OF YOUR STATEMENT.

>> ACTUALLY, STEVEN, I THINK IT

IS A COMBINED RESPONSIBILITY.

IT IS THE RESPONSIBILITY OF BOTH

THE PUBLIC DEFENDERS

PARTICULARLY WITH RESPECT TO THE

$40 EVERYONE ROLLMENT FEE WHICH

DOES IN THE REQUIRE A COURT

ORDER.

YOU'RE CORRECT, IT IS ABSOLUTELY

THE RESPONSIBILITY OF THE JUDGES

IN THOSE CASES AND THEY'RE NOT

FULFILLING THAT RESPONSIBILITY

IN MANY, IF NOT MOST OF THE

DISTRICTS AROUND THE STATE.

>> DO YOU THINK PRIVATE LAWYERS,

IF WE'RE OUT OF PUBLIC

DEFENDERS, DINE PRIVATE LAWYERS

SHOULD BE APPOINTED TO REPRESENT

PEOPLE WHO ARE INDIGENT.

>> I DON'T NECESSARILY AGREE

WITH IT.

>> WHY IS THAT.

>> YOU'RE THROWING ATTORNEYS IN

THERE THAT DON'T DO THIS ON A

DAILY BASIS, THEY DON'T

REPRESENT DEFENDANTS ON A DAILY

BASIS.

WE ALL WENT TO LAW SCHOOL WE CAN

ALL KNOW THE LAW, BUT YOU GET

SPECIALIZED IN ONE AREA OF

PRACTICE, ESPECIALLY WHEN IT

COMES TO PUBLIC DEFENSE.

YOU'RE DEALING WITH A PARTICULAR

REALM, A GROUP OF PEOPLE THAT

ARE MORE IN NEED IN DIFFERENT

WAYS.

WE HAVE NO HEALTH ISSUES THAT WE

DEAL WITH THAT PRIVATE ATTORNEYS

DON'T DEAL WITH AND MOST PEOPLE

DON'T EVEN KNOW THE LAWS TO IT.

IS MORE SPECIALIZED.

>> YOU DON'T GO TO A GENERAL

PRACTITIONER, YOU GO TO AN

ONCOLOGIST IF YOU HAVE CANCER.

WE'VE RUN OUT OF TIME FOR THIS

SECTION OF THE SHOW.

WHEN WE RETURN, WE WILL BE

JOINED BY A PANEL OF EXPERTS TO

EXPLORE

JUSTICE ON HOLD: LOUISIANA'S

PUBLIC DEFENDER SHORTAGE.

*

 

>> WELCOME BACK TO "LOUISIANA

PUBLIC SQUARE".

TONIGHT WE'RE DISCUSSING

LOUISIANA'S PUBLIC DEFENDER

SHORTAGE.

JOINING US NOW, OUR PANEL OF

EXPERTS.

MARJORIE EISMAN, THE EXECUTIVE

DIRECTOR OF THE ACLU WHO HAS

FILED A SUIT AGAINST THE NEW

ORLEANS PUBLIC DEFENDER OFFICE

FOR THOSE WHO LACK

REPRESENTATIVE.

PETE ADAMS, THE DISTRICT

ATTORNEYS ASSOCIATION,

REPRESENTED LOUISIANA

PROSECUTORS IN THE LEGISLATURE

SINCE 1975.

WE HAVE JAY DIXON, SERVED AS

DISTRICT DEFENDER ON OR IN THE

DEFENDER'S OFFICE IN SAINT JOHN,

LAFAYETTE AND OTHER PARRISHES.

AND, SENATE DAN CLAITOR,

OVERSEES PUBLIC DEFENSE IN THE

STATE AND SERVES AS AN ASSISTANT

DISTRICT ATTORNEY IN NEW ORLEANS

PARRISH.

BEFORE THE AUDIENCE QUESTIONS,

FIRST WOULD LIKE TO ASK EACH OF

YOU, IS THE FUNDING SITUATION AT

A CRISIS LEVEL AT THIS POINT?

MARJORIE, I WILL START WITH YOU.

>> FIRST I WANT TO CLARIFY THE

LAWSUIT WE FILED ALSO AGAINST

MR. FIXst DIXON HERE IN HIS

CAPACITY FOR THE CHIEF PUBLIC

DEFENDER FOR THE STATE OF

LOUISIANA SO HE AND I ARE AT

OPPOSITE ENDS OF A LAWSUIT.

I'M NOT PRIVY TO THE BUDGET SO I

CAN'T TELL YOU IF THE FUNDING IS

A CRISIS, I CAN ONLY TELL YOU IT

IS A CRISIS WHEN WE HAVE PEOPLE

WHO HAVE A CONSTITUTIONAL RIGHT

TO COUNSEL AND ARE NOT GETTING

IT.

THAT'S THE BASIS OF OUR LAWSUIT,

THERE ARE PEOPLE SITTING IN JAIL

BECAUSE DESPITE THEIR

CONSTITUTIONAL RIGHT TO COUNSEL,

THEY'RE NOT BEING ASSIGNED

LAWYERS.

THE PUBLIC DEFENDERS ARE SAYING,

AND NERVE REASON TO DISBELIEVE

THEM, THE REASON THEY CAN'T

PROVIDE LAWYERS BECAUSE THEY

DON'T HAVE THE MONEY.

THE CONSTITUTIONAL CRISIS IS

THAT PEOPLE WHO HAVE THE RIGHT

TO COUNSEL DON'T HAVE COUNSEL.

>> PETE , WHAT DO YOU SAY TO

THAT?

>> MUCH TO THE SHOCK OF MY

MINUTES, I'M GOING AGREE WITH

MARJORIE ON THIS ONE.

I DON'T KNOW THE BUDGET FIGURES

AND HOW ACCURATE THEY ARE.

I KNOW FROM MY DISTRICT

ATTORNEYS, AND I'M HERE JUST

REPRESENTING THEM THAT THERE

APPARENTLY IS A CRISIS BECAUSE

DEFENDANTS ARE NOT BEING

REPRESENTED.

CASES ARE BEING STALLED.

I QUESTION THE DEPTH OF THAT

CRISIS AND SOME OF THE FACTS

THAT ARE ALLEGED SUPPORTING IT,

BUT APPARENTLY THERE IS A

CRISIS.

>> THE QUESTION IS, IS THE

FUNDING THAT HAS BEEN PROVIDED

FOR THEM, HAS THAT FUNDING, IS

THAT FINALLY THE PROBLEM?

OR IS IT A SPENDING PROBLEM?

>> I DON'T KNOW THE ANSWER TO

THAT.

>> JAMES DIXON?

>> YES, WE ARE IN THE MIDST OF A

CRISIS, IT HAS BEEN BUILDING FOR

YEARS.

WE HAVE A DONE OUR BEST TO SEND

ASSETS AND FUNDS TO THE

DISTRICTS THAT NEED THE MOST,

BUT WE HAVE GOTTEN TO THE POINT

WE CAN NO LONGER HELP THE

DISTRICTS THAT ARE, IN FACT, IN

CRISIS AND THAT CRISIS IS

SPREADING.

WE HAD EIGHT DISTRICTS THAT WERE

IN FISCAL CRISIS LAST YEAR.

WE ARE NOW UP TO 13 AND WE

EXPECT MORE COMING.

SO IT IS A CRISIS THAT IS

BUILDING AND IS SPREADING

THROUGHOUT THE STATE.

>> DAN CLAITOR, YOU ARE THE ONE

WITH THE PURSE STRINGS HERE.

WHAT IS THE LEGISLATURE'S HAND

IN THIS?

>> CERTAINLY WE ARE IN A CRISIS,

AS FAR AS THE FUNDING AND IT IS

NOT JUST FOR THE PUBLIC

DEFENDER, IT IS FOR THE DA, IT

IS FOR THE POLICE, STATE POLICE,

IT IS FOR EVERYBODY IN OUR

STATE.

WE'VE GOT SOME SERIOUS FINANCIAL

DIFFICULTIES OF THE.

WE'RE COMING UP $2 BILLION SHORT

IN NEXT YEAR'S BUDGET.

ARE WE GOING TO FIND AN ANSWER?

I THINK ULTIMATELY, WE WILL.

IT IS NOT JUST ABOUT

REPRESENTATION, PER SE, IT IS

LET'S ABOUT SPEEDY TRIAL AND

THAT'S NOT JUST THE DEFENDANT'S

RIGHT BUT I WOULD SAY ALSO THE

VICTIM AND THE PUBLIC IS ALSO

INTERESTED IN HAVING A SPEEDY

TRIAL, AS WELL SO YES, THERE IS

A MONEY PROBLEM.

>> AND ONE OF OUR AUDIENCE

MEMBERS WITH THE LOUISIANA

LEGISLATIVE YOUTH ADVISORY

COUNCIL IS ASKING, HOW LONG IS A

PERSON ALLOWED TO BE IN JAIL

BEFORE THEY GO TO TRIAL?

BEFORE THEIR CONSTITUTIONAL

RIGHTS ARE VIOLATED?

MARJORIE, WHAT'S THE BASELINE?

>> WELL, I WOULD ACTUALLY DEFER

TO JAY HERE, WHO KNOWS THE

CRIMINAL CODE BETTER THAN I DO.

OAK GIVE YOU THE NUMBER THAT I

CAN'T GIVE YOU.

I WILL TELL I BECAUSE THERE IS A

CONSTITUTIONAL RIGHT TO A SPEEDY

TRIAL WE CAN'T KEEP PEOPLE

LOCKED UP FOR NO REASON OTHER

THAN WE CAN'T PROVIDE THEM A

LAWYER.

PEOPLE ARE ENTITLED TO A BAIL

HEARING AND PROCEDURAL THINGS

AND NONE OF THAT CAN HAPPEN IF

SOMEBODY WANT AS LAWYER AND

CAN'T HAVE ONE.

SO IT IS MORE THAN JUST A NUMBER

OF DAYS BEFORE THE TRIAL, IT IS

WHAT HAPPENS LONG BEFORE THE

TRIAL BEGINS.

>> WHAT IS THE ACTUAL FIGURE, OR

IS THERE?

>> THAT'S WHERE IT GETS TRICKY.

THERE IS A TRIGGER MECHANISM

THAT WILL BEGIN YOUR SPEEDY

TRIAL RIGHTS.

IT REQUIRES A MOTION TO ACTUALLY

ASSERT THAT LIGHT, STATUTORILY.

WHAT HAVE YOU ARE PEOPLE WITHOUT

REPRESENTATION AND NO WAY TO

STATUTORILY TRIG THEY'RE RIGHT, TRIGGER

SO YOU THIS FOLKS IN JAIL WHO

ARE SIMPLY LANGUISHING AND THEY

CAN'T ASSERT THAT RIGHT IN ANY

MEANINGFUL WAY, THEY DON'T HAVE

A LAWYER TO ASSERT THAT RIGHT IN

ANY MEANINGFUL WAY, SO THE

QUESTION IS WHEN DOES THAT

ACTUALLY TRIGGER THEIR RIGHT TO

A SPEEDY TRIAL.

WHAT I WOULD SUGGEST IS THE FACT

THAT THEY ARE IN JAIL AND

UNREPRESENTED HAS TRIGGERED THAT

ALREADY.

>> AS A TACKLE MATTER, ARTICLE

701, WHICH IS THE TRIGGER THAT

DAVE IS TAKING ABOUT, JAILHOUSE

LAWYERS FIGURE THAT OUT AFTER A

PERIOD OF TIME AND START FILING

THE MOTIONS THEMSELVES DIRECTLY.

WE SAW ISSUES WITH THIS AS IT

RELATED TO KATRINA AND PEOPLE

WERE LANGUAGE WISHING IN JAIL

AND NONE WANTS INNOCENT PEOPLE

TO SIT?

JAIL AND WE DON'T WANT PEOPLE

THAT DON'T PRESENT A DANGER TO

SIT?

JAIL BUT IT IS A SYMPTOM OF THE

MONEY CRISIS WE'RE TALKING

ABOUT.

>> I WAS GOING TO SAY, PEOPLE DO

FALL THROUGH THE CRACKS AND THEY

ARE SITTING IN JAIL WITH THEIR

REPRESENTATION IT IS A MESS QUIZ

SYSTEM.

YOU HAVE YOUR CONSTITUTIONAL

RIGHTS TO A LAWYER AND WE DO DO

BETTER BUT IT FILTERS OUT TO THE

JAILHOUSE WE DON'T LIKE THAT BUT

IT HAPPENS.

>> THERE ARE PEOPLE WHO LACK THE

CAPACITY TO FILE THEIR OWN

MOTIONS FORLORN REASON OR

ANOTHER AND THE REASONS ARE MANY

AND VARIED BUT NOT EVERYBODY HAS

THE CAPACITY TO FILE A NOTION

PROPER PERSON.

BUT, ALSO THE ARONNIE IS AS

PEOPLE -- IRONY IS AS PEOPLE

LANGUISH JAIL, THAT IS COSTING

THE TAXPAYER MONEY.

WE'RE NOT PAYING THE LAWYERS TO

MOVE IT FORWARD AND GET THE

PEOPLE OUT OF JAIL, SO THE MONEY

IS BEING SPENT ANYWAY SO TO GO

BACK TO ASKING PRIVATE ATTORNEYS

TO DO PRO BONO CASES, I'M NOW

SAYING GET AN INSURANCE LAWYER

TO DO CRIMINAL DEFENSE, BUT

SOMEBODY IN CRIMINAL DEFENSE CAN

THEY NOT BE ASKED TO HELP OUT?

THEY HAVE THE EXPERTISE.

CAN THEY AND SHOULD THEY?

>> SO, IT IS A DUTY OF EVERY

LAWYER TO PROVIDE PRO BONO

REPRESENTATION.

OUR TURN IS THIS.

THERE COME AS POINT WHEN IT IS

NO LONGER PRO BONO

REPRESENTATION, AND WHAT IS

BEING FORCED UPON THE PRIVATE

BAR IS THE STATE DUTY TO PROVIDE

A

DEFENSE.

IT IS SO WIDESPREAD IN SOME

INSTANCES IT IS NOT A PROBONE

KNOWN PRO BONO

CASE ANY MORE.

>> AND IT SETS UP INEFFECTIVE

COUNSEL CLAIM BECAUSE WE'RE NOT

PROVIDING APPROPRIATE COUNSEL AT

THAT POINT.

I THINK EVERYBODY THAT HAS BEEN

A LAWYER IN THE CRIMINAL COURT

HAS HAS BEEN APPOINTED ALONG THE

WAY.

I DIDN'T TURN IN A BILL FOR MY

REPRESENTATION BUT THAT'S NOT

THE IDEAL WAY TO DO IT.

>> FROM THE AUDIENCE, WE HAVE

WILLIAMS WITH THE LSU HONORS

COLLEGE.

HE HAS QUESTION ABOUT FUNDING

FOR REGULAR PUBLIC DEFENDERS AND

THEN FUNDING FOR THOSE WHO ACT

IN CAPITAL CASES WHERE EXECUTION

IS ON THE TABLE.

WILLIAM?

>> GIVEN THAT WE'RE SEEING A

BUDGET CUT DOWN TO ABOUT A THIRD

OR LESS OR AROUND FRACTIONS OF

THE NORMAL BUDGET THAT WE SEE

FOR PUBLIC DEFENDERS AND WE SEE

ON A GIVEN YEAR AROUND 33

MILLION, THAT WAS PROJECTED FOR

THE NORMAL AVERAGE BUDGET FOR

PUBLIC DEFENDERS AND A THIRD ON

CAPITAL CRIMES, HOW DO WE SEAT

FRACTIONALIZATION OF THE BUDGET

TAKING UP THE CROWN SHARE,

WHAT'S BEING DONE ABOUT THE

CAPITAL CRIMES WITH THIS BUDGET

CRISIS.

>> I WOULD LIKE TO WEIGH IN ON

THAT.

I THINK YOU BRING UP AN

EXCELLENT QUESTION.

MY FIRST POINT IS THAT THE

CRISIS DOESN'T ADD UP.

FIRST OF ALL, THE PROPOSED

BUDGET CUTS TO PUBLIC DEFENDERS,

WE HAD A 50% BUDGET CUT PROPOSED

FOR DISTRICT ATTORNEYS BUT WE'RE

NOT SHUTTING DOWN TRIALS AND

LAYING OFF PEOPLE THAT BUDGET

STARTS ON JULY 1 AND WE'RE

GETTING REACTION NOW AND NOW

EVERYBODY IS BEING TOLD THAT

PUBLIC DEFENDERS HAVE BEEN CUT

OR ARE BEING CUT 12 TO 12.5.

THAT'S NOT A FACT.

SECOND POINT IS, WHEN THIS ALL

BEGAN, THE BOARD BEGAN TO

OPERATE IN 2007, THE SYSTEM WAS

FUNCTIONING.

IT WAS NOT FUNCTIONING WELL.

THE STATE PROVIDED ABOUT $7

MILLION TO THE BOARD AND THE

LOCALS GENERATED ABOUT 35, $40

MILLION LOCALLY.

NOW THE BUDGET IS INCREASED TO

33 MILLION FOR THE PAST SO

YEARS, THEY SPENT ALL THE

RESERVES THAT EVERY PUBLIC

DEFENDER OFFICE HAD AND MANY HAD

$800,000.

$1.2 MILLION RESERVED.

THEY PLAN THROUGH ALL THAT MONEY

WITH ABOUT $90 MILLION ON DAPT

CASES AND WE'RE OUT OF MONEY AND

CAN'T PROSECUTE CASES.

THAT DOESN'T ADD UP.

I DON'T KNOW WHAT THE ANSWER IS.

THAT DOESN'T ADD UP.

ALL I'M TELLING YOU I DON'T

BELIEVE THEY'RE GOING TO BE CUT

TO 12.5 MILLION AND, YES,

SOMETHING NEEDS TO BE DONE ABOUT

CAPITAL SPENDING.

>> SENATOR CLAITOR, YOU HAVE A

HAND ON THE FINANCE ISSUE.

>> YES, WE WANT TO HAVE AN

APPROPRIATE LEVEL OF FUNDING.

EVERYBODY ACCEPTED A CUT BUT I'M

WORKING WITH OTHER LEGISLATORS

TO SEE WHAT OTHER FUNDING

SOURCES WE CAN FIND THERE, ONE

OF WHICH MY DA AND I ARE LOOKING

FORWARD TO HAVING A DISCUSSION.

I'M NOT SAYING THIS IS THE

SOURCE OF ALL OUR PROBLEMS BUT

THE DA'S OFFICE ACROSS THE STATE

PROVIDES AVERSION PROGRAMS.

THAT IS GREAT.

A YOUNG GUY LIKE YOURSELF MAKES

A DUMB MISTAKE AND INSTEAD OF

PAYING IT FOREVER, YOU'RE GIVEN

AN OPPORTUNITY TO TERN OFF YOUR

RECORD.

-- TO EARN IT OFF YOUR RECORD.

THE DA FINANCES THE MAJORITY OF

THAT AND FOR THE MOST PART NO

MONEY IS DEDICATED TO THE PUBLIC

DEFENDER'S OFFICE.

WE'RE WORKING ON A BILL THAT

WOULD PUT SOME OF THE MONEY THAT

WOULD GO FROM A DIVERSION

PROGRAM INTO THE PUBLIC

DEFENDERS OFFICE.

WE NEED COOPERATION AND YOU CAN

CERTAINLY UNDERSTAND THE DA

GOING WHY AM I FUNDING THE

PUBLIC DEFENDERS OFFICE.

THAT IS NOT PART OF MY CHARGE.

WE'VE GOT A DIFFICULT SITUATION

AND WE'RE LOOKING FOR

COOPERATION FROM A LOT OF

DIFFERENT FOLKS BUT CERTAINLY

CAPITAL CRIME IS IMPORTANT BUT

IN LOUISIANA, IF YOU POLE IT,

NOT SAYING YOU SHOULD GOVERN BY

POLL ALONE, PEOPLE LIKE THEIR

DEATH PENALTY IN LOUISIANA AND

THEY'RE NOT GOING TO GIVE IT UP

BUT WE'RE NOT SAYING USE IT

WILLIE NILLY, EITHER.

ONLY IN THE MOST DRASTIC OF

CIRCUMSTANCES.

>> I WASN'TED TO ADDRESS ABOUT

HOW REAL THE BUDGET CRISIS IS.

SPEAKING FOR ONLY THE 15th

JUDICIAL DISTRICT, OUR RECORDS

ARE COMPLETELY OPEN SO ANYONE

HAS ACCESS TO THE PUBLIC

DEFENDER'S BUDGET GOING BACK

SEVERAL YEARS SO ANYONE IS

WELCOME TO TAKE A LOOK AT THAT.

FURTHERMORE, THE CUTS WE

EXPERIENCES ARE NOT BASED ON A

PROJECTION BUDGET NEXT YEAR BUT

A $600,000 SHORT FALL THIS YEAR.

IT IS EASY TO KIND OF GET LOST

IN THE NUMBERS AND THE BOTTOM

LINE BUT THE REALITY IS OUR

OFFICE HAS LOST 37 OUT OF 52

LAWYERS IN THE PAST TWO MONTHS,

AND ALL REMAINING LAWYERS HAVE

TAKEN A 20% SALARY CUT JUST SO

WE COULD KEEP MORE PEOPLE ON

STAFF TO SERVE MORE CLIENTS.

SO, YOU KNOW, THAT'S REALLY THE

HUMAN IMPACT OF THIS.

SO, YOU KNOW, IT'S DIFFICULT TO

HAVE THESE KIND OF ALLEGATIONS

TOSSED AROUND THAT THIS CRISIS

IS BEING BLOWN UP OR IT IS BEING

EXAGGERATED WHEN WE FEEL VERY,

YOU KNOW, PERSONAL -- THERE IS A

I HAVE PERSONAL ELEMENT NEAR

WHAT I SEE DAY IN AND DAY OUT

FROM MY COLLEAGUES AS DEDICATION

OF THIS WORK AND LITTLE TO NO

MONEY JUST SO WE CAN SERVE MORE

CLIENT INTO LET ME JUST SAY, IF

THE PUBLIC DEFENDERS NEED 75

MILLION, THE DAs WOULD SUPPORT

75 MILLION, BUT THE NUMBERS JUST

DON'T ADD UP.

WHAT HAPPENED TO ALL THAT MONEY?

>> TOM, CAN YOU ADD TO THAT?

>> IN CATTLE PARRISH, WHERE I'M

FROM, WE ARE PRIVATE LAWYERS ARE

BEING APPOINTED AND WE'VE NOW

LOST SO MANY PUBLIC DEFENDERS

THAT NOW LAWYERS ARE GETTING

THEIR SECOND, THIRD, FOURTH,

FIFTH APPOINTMENTS.

REAL ESTATE LAWYERS ARE BEING

APPOINTED TO REPRESENT PERSONS

ACCUSED OF FELONIES.

THEY'VE NEVER EVEN TRIED A CASE,

MUCH LET'S CRIMINAL CASE, AND

THESE ARE VERY SERIOUS ISSUES.

WE COULD TAKE UP THE ISSUE ABOUT

WHETHER OR NOT LAWYERS OUGHT DO

PRO BONO WORK.

WE ALL DO.

BUT WE WOULD KIND OF LIKE TO

CHOOSE THE KIND OF PRO BONO WORK

THAT WE DO THAT WE'RE ACTUALLY

QUALIFIED FOR, AND THE SECOND

THING IS THAT THE LOUISIANA

CONSTITUTION IN ITS DECLARATION

OF RIGHTS, HAS THE STRONGEST

RIGHT TO COUNCIL WHICH I'M AWARE

AND IT SPECIFICALLY SAYS THE

LEGISLATURE SHALL PROVIDE FOR A

UNIFORM

SYSTEM OF PROVIDING

QUALIFIED COUNCIL.

LAWYERS SHOULD BE, PLY PRIVATE PRIVATE

LAWYERS, SHOULD BE COMPENSATED.

HAVING EXPERIENCED PUBLIC

LAWYERS IS A MUCH MORE EFFICIENT

WAY THAN PRIVATE LAWYERS AND

COMPENSATING THOSE PRIVATE

LAWYERS.

>> GO BACK TO THE FUNDING

SITUATION BEFORE THAT.

YOU HAVE A QUESTION FOR THE

PANEL, DON'T YOU?

>> YES.

I WAS WONDERING HOW FEASIBLE IT

IS FOR US TO SWITCH FROM THAT

USER PAY SYSTEM IN THE NEAR

FUTURE AND THAT'S JUST A GENERAL

QUESTION FOR ALL OF YOU.

>> MARJORIE, WHAT'S THE BEST WAY

TO FUND?

>> WELL, THERE ARE A LOT OF WAYS

TO FUND.

ULTIMATELY, IT DOES FALL ON THE

LEGISLATURE TO COME UP WITH A

MECHANISM THAT IS ADEQUATE, FAIR

AND SUSTAINABLE.

YOU KNOW, WHETHER OR NOT THE

DISTRICT ATTORNEYS HAVE ALSO

SEEN BUDGET CUTS THAT MAY BE THE

CASE, BUT IT IS ALSO THE CASE

THE DISTRICT ATTORNEYS ARE

FUNDED THROUGH A UNIFORM,

SUSTAINABLE MECHANISM.

PUBLIC DEFENDERS ARE NOT FUNDED

THAT WAY AND THE USER PAY SYSTEM

ESSENTIALLY PUTS A LOT OF PUBLIC

DEFENDERS IN A CONFLICT

SITUATION BECAUSE THEY ONLY GET

PAID, ESSENTIALLY FORECAST THEIR

CLIENTS LOSE, WHICH MAKES

ABSOLUTELY NO SENSE.

THAT'S NOT THE CASE WITH

DISTRICT ATTORNEYS.

THEY GETS PAID BECAUSE THEY HAVE

A JOB TO DO.

WE NEED A SYSTEM THAT WILL TREAT

THEM EQUALLY SO NOBODY IS IN A

POSITION OF HAVING TO BE

CONFLICTED OUT OF THEIR OWN

REPRESENTATION, BUT ULTIMATELY,

IT IS UP TO THE LEGISLATURE TO

SOLVE THAT PROBLEM.

IT GOES BACK TO LOUISIANA DOES

HAVE THE HIGHEST INCARCERATION

RATE NOT ONLY IN THIS COUNTRY

BUT IN THE WORLD.

WE HAVE A CRISIS IN THIS STATE,

A GENERAL BUDGET CRISIS, AND

THIS IS AN OPPORTUNITY TO SAY WE

NEED TO LOOK AT DOING A LOT OF

THINGS DIFFERENTLY, WE CAN'T

AFFORD TO DO THINGS THE WAY WE

HAVE A BEEN DOING IT, INCLUDING

A USER PAY SYSTEM OF PUBLIC

DEFENSE.

>> FROM THE AUDIENCE, DAVID, DO

YOU THINK WE OUGHT TO BE

THINKING OUTSIDE OF BOX?

>> I THINK WE NEED TO TAKE

ADVANTAGE OF THE RESOURCES

AVAILABLE TO US.

I THINK WE CAN ALL AGREE THE

STATE IS IN THE FACE OF A FISCAL

CRISIS.

AGENCIES ACROSS-THE-BOARD ARE

STRUGGLING TO PERFORM THE MOST

BASIC FUNCTIONS, AS SENATOR

CLAITOR ALLUDED TO.

THE LEGISLATURE SOME TIME AGO

PROVIDED A SUPPLEMENTAL SOURCE

OF FUNDING IN SECTIONS 175 AND

176.

SECTION 175 REQUIRED THEY PAY AN

ENROLLMENT FEE WHO THEY ARE

APPOINTED COUNSEL OF $40.

AND 176 SAYS A JUDGE MUST MAKE A

DETERMINATION IF THEY PAY ABOVE

THAT $40 AND THEY ARE ORDERED TO

DO SO IF THEY FIND THEY CAN PAY

MORE MONEY.

MY OWN JURISDICTION HAS A

POPULATION OF APPROXIMATELY

36,000 PEOPLE AND LAST YEAR, OUR

PUBLIC DEFENDER, WITH THE

COOPERATION OF OUR JUDGES,

COLLECTED OVER $60,000 FROM

DEFENDANT WHO WERE APPOINTED

COUNSEL.

A LOOK AT YOUR 2014 AND 2015

REPORTS IT IS APPARENT TO ME

JURISDICTIONS ARE IGNORING THE

MANDATES IN 175 AND 176 AND ARE

FAILING TO COLLECT THE $40

ENROLLMENT FEE AND FAILING TO

COLLECT SUMS OF MONEY THAT

PEOPLE CAN AFFORD TO PAY.

WHAT HAVE YOU DONE TO ADDRESS

THAT IN THE PAST AND WHAT DO YOU

INTEND TO DO IN THE FUTURE TO

ADDRESS THAT IN.

>> WHEN I WAS DISTRICT DEFENDER

WE HAD MANY OF THE SAME PROBLEMS

SO WE USED THE LOUISIANA

DEPARTMENT OF REVENUE.

AND SO WE BUT HERE IS THE THING,

IT COSTS MONEY.

YOU DON'T JUST ASK FOR LDR TO

PROVIDE WITH YOU FUNDS.

YOU HAVE TO GATHER A REPORT, IT

IS VERY EXTENSIVE AND HAS TO

HAVE ALL THE PEOPLE THAT OWE YOU

MONEY.

WE WERE FORTUNATE IN THAT WE

WERE ABLE TO RELY ON BASICALLY

FREE LABOR FROM A VOLUNTEER

GROUP PROVIDED BY THE PARRISH.

BUT IT WOULD HAVE COST US QUITE

A BIT TO DO IT IN HOUSE.

IT WOULD HAVE BEEN THOUSANDS OF

DOLLARS TO PREPARE THIS REPORT.

WE PROVIDED A REPORT TO THE

STATE AND THEY GARNISHED WAGES.

BECAUSE THE FUNDAMENTAL POINT

HERE IS THAT WE'RE DEALING WITH

THE POOR.

I MEAN, PEOPLE KIND OF LOSE THAT

IN THIS DISCUSSION, BUT WE'RE

DEALING WITH THE POUR.

PEOPLE WHO ARE INDIGENT.

SO YOU'RE NOT TALKING ABOUT DEEP

POCKETS.

YOU'RE NOT GOING TO HAVE THE

RETURN THAT YOU WOULD IF YOU

WERE TALKING ABOUT MIDDLE CLASS

AMERICA.

THAT'S NOT WHO WE'RE DEALING

WITH.

YOU'RE NOT GOING TO HAVE A

RETURN ON THE DOLLAR THAT YOU

WOULD EXPECT FOR PEOPLE.

SO IF YOU'RE GOING TO GO AFTER

THESE FOLKS, GET A COLLECTION

AGENCY, THEY WON'T DO.

IT COLLECTION AGENCY WON'T DO

IT.

IT IS A LOSING CAUSE.

THEY WILL LOSE MONEY IF THEY

EXTEND ASSETS TO GO AFTER THESE

FOLKS THAT AREN'T PAYING SO

THAT'S KIND OF THE TRICK BOX

WE'RE IN.

SO WHAT WE DID IS WE WENT AFTER

THE FOLKSES WE KNEW HAD FUNDING,

HAD FUN, SO THEY HAD TAX RETURNS

AND WE WERE VERY AGGRESSIVE IN

DOING THAT.

AND SO WHEN I BECAME STATE

PUBLIC DEFENDER, THE FIRST THING

WE DID WAS HAD A COURSE AND

TAUGHT ALL THE DISTRICT

DEFENDERS HOW TO DO THAT.

IF YOU ARE IN A DISTRICT THAT IS

SO SMALL THAT YOUR RETURN IS

GOING TO BE VERY MINIMAL,

BECAUSE YOU'RE RIGHT, THERE ARE

TWO PARTS TO THIS, THERE IS THE

$40, WHICH IS FRANKLY IN MY

OPINION A RED HERRING, AND THEN

THERE IS THE REAL POINT THAT YOU

MAKE AND I THINK IT IS A GOOD

ONE, FOLKS WHO CAN'T PAY.

AND THAT IS SOMETHING THAT HAS

TO -- YOU HAVE TO HAVE THE JUDGE

AND THE DA ON BOARD WITH THAT.

IT'S NOT GOING TO WORK IF YOU

DON'T HAVE ALL THREE GROUPS IN

UNISON DISCUSSING THAT PROBLEM.

SO, WITH THE $40, AGAIN, IT IS A

RED HERRING.

THE OTHER ONE, THE PARTIAL

PAYMENT, IF YOU DON'T HAVE THE

JUDGE ON BOARD ORDERING THOSE

PAYMENTS THERE IS NOTHING TO GO

AFTER, AND IF YOU DO HAVE A

JUDGMENT, YOU STILL HAVE TO PAY

MONEY TO GET WHAT YOU NEED TO

THE LDR TO GARNISH WAGES.

SO THE QUESTION IS, DO YOU THROW

GOOD MONEY AFTER BAD?

BECAUSE THAT'S WHAT MANY OF THE

DISTRICTS ARE IN.

THEY'RE IN THAT POSITION WHERE

THEY'RE THROWING GOOD MONEY

AFTER BAD BECAUSE IT COSTS MONEY

TO GO AFTER THOSE FUNDS SO WE

TRY TO -- WE TAUGHT EVERYBODY

HOW TO DO IT BUT WHETHER OR NOT

A DISTRICT DOES, YOU KNOWER,

THEY HAVE TO MAKE THAT

ASSESSMENT.

AM I GOING TO GET A RETURN ON MY

MONEY.

WE HAVE DISTRICTS THAT APPLIED

TO LDR FUNDS AND GOTTEN NOTHING.

THAT IS A LOSING PROPOSITION.

THIS IS ONE THING THAT I THINK

EVERYBODY KNOWS, CERTAINLY IT

WOULD APPEAR, THERE IS NO

SOLUTION IN THE STATE ONE SIZE

FITS ALL.

YOU HAVE 42 JURISDICTIONS, THEY

ARE ALL VERY DIFFERENT.

WHAT WORKS IN ONE JURISDICTION

DOESN'T IN ANOTHER.

WE TRIED TO GET FOLKS WE AT

LEAST GET FOLKS TO LOOK AT THESE

ISSUES AND TRY TO FIND A

PROBLEM, BUT WHO WORKS IN OR

LIENS

LEANS MAY NOT WORK SOMEWHERE

ELSE.

THERE IS NO SILVER BULLET HERE.

>> IF I MAY HAVE A BRIEF

FOLLOW-UP, WOULD IT BE FAIR TO

SIZE THAT YOU'RE SUBSIDIZING

DISTRICTS WHO ARE FAIL ORGANIZE

REFUSING TO CARRY OUT THEIR

RESPONSIBILITIES UNDER THE LAW

TO COLLECT THOSE FEES THAT

YOU'RE SUBSIDIZING THOSE

DISTRICTS WHO ARE AT LEAST

MAKING A GOOD FAITH EFFORT?

>> NO.

>> HAVEN'T WE ALREADY

ESTABLISHED THERE IS NO UNIFORM

RULE PARRISH BY PARRISH,

JURISDICTION BY JURISDICTION AND

HOW SOMEBODY IS DETERMINED TO BE

POOR OR INDIGENT.

DOESN'T THERE HAVE TO BE A

THRESHOLD SET FIRST AND YOU WORK

FROM THAT LEVEL AND GO UP.

IF WE'RE NOT DOING THAT --

>> THAT'S THE ISSUE, WE'RE NOT

DOING THAT.

I'M IN THE CRIMINAL JUSTICE

PANEL AND I REPRESENT PEOPLE

CHARGED WITH CRIMINAL CONS IN

FEDERAL COURT AND ONE OF THE

FIRST THINGS THAT COME TO ME IN

A FILE GIVEN TO ME IS A LISTING

OF REAL INQUIRY WITH ASSETS AND

THEIR ABILITY TO PAY.

I PRACTICE ALL OVER LOUISIANA

BUT MOSTLY IN NEW ORLEANS, BATON

ROUGE AND LOCAL AREAS AND I

RARELY SEE A REAL INQUIRY INTO

WHETHER SOMEBODY IS INDIGENT OR

NOT.

I'M NOT SAYING THAT IS DAVE'S

FAULT, PUTTING IT ON THE COURT

AND WE NEED TO BE BETTER AT

THAT.

BUT EVEN WITH THAT INQUIRY,

THERE'S STILL A SEA OF POOR

PEOPLE THAT ARE UNABLE TO PAY.

AND SO WE HAVE TO ADDRESS THAT.

SO EVEN IF WE JUST PICKED UP THE

ONES THAT CAN PAY, THAT DOESN'T

SOLVE THE PROBLEM.

>> THE WHOLE IDEA OF PUBLIC

DEFENDER IS FOR PEOPLE WHO CAN'T

PAY.

>> THERE ARE A LOT THAT CAN, I

PROMISE YOU.

>> IT IS ALSO COMPLICATED BY THE

FACT THAT SOMEBODY GOING IN MAY

HAVE ASSETS THAT GET DEPLETED AS

THEY ARE PAYING FOR PRIVATE

COUNSEL THAT IS DETERMINED THEY

CAN AFFORD.

A GOOD CRIMINAL DEFENSE ISN'T

CHEAP AND YOU CAN DEPLETE YOUR

ASSETS FAIRLY QUICKLY BY PAYING

FOR A PRIVATE LAWYER AND SO IF

YOU WEREN'T INDIGENT TO BEGIN

WITH YOU MAY BE SOMEWHERE ALONG

THE WAY AND THOSE PEOPLE ALSO

THEN FALL IN THE SYSTEM AND THAT

ADDS TO ESSENTIALLY THE BURDEN

ON THE PUBLIC DEFENDER'S OFFICE.

>> AND TO ECHO ONE OF YOUR

THOUGHTS, MARJORIE, THE MORE

SERIOUS CRIMES DEMAND A MORE

SERIOUS FEE.

SO AS WE GO UP THE LADDER ON

WHAT IS, PEOPLE ARE ARRESTED

FOR, YOU'RE NOT GOING TO TAKE AN

ARMED ROBBERY AND REPRESENT

THOSE GUYS FOR SOMETHING THAT IS

GOING TO TAKE MONTHS OF YOUR

TIME AS OPPOSED TO DAYS OF YOUR

TIME, SO THERE IS A DIFFERENTIAL

BETWEEN THE TYPE OF DREAMS THAT

YOU'RE CHARGED WITH, AS WELL.

>> I'M IN A UNIQUE SITUATION IN

THAT MY CLIENT IN THE JUVENILE

COURT ARE INDIGENT.

I'VE NEVER HAD A CLIENT WITH

THEIR OWN CAPACITY TO PLAY AND

FURTHER, UNLOUISIANA LAW, THEY

ARE PRESUMED TO BE INDIGENT.

OUR JUDGES COLLECT THE

ENROLLMENT FEES AND APPLICATION

FEES AND ASSESS MODEST FEES FOR

OUR REPRESENTATION.

SO YOU FOE, THAT'S -- IT IS

SOMETHING THAT WE'RE DOING HERE

IN BATON ROUGE BUT TO GO BACK TO

THE EARLIER DISCUSSION, WHEN WE

WERE TALKING ABOUT

SPECIALIZATION, SPECIALIZATION

IN JUVENILE COURT IS EVEN MORE

PRONOUNCED THAN IN CRIMINAL

COURT.

SO, TO LOOK FOR A WAY TO SIMPLY

APPOINT PRIVATE COUNSEL TO LEAPT

YOUNG PEOPLE WHO ARE --

REPRESENT YOUNG PEOPLE WHO ARE

CHARGED IN THE CRIMINAL CODE BUT

ALSO HAVE PROCEDURAL RIGHTS TO

COME OUT OF THE CHILDREN'S CODE

WHICH NO ONE ELSE KNOWS ABOUT,

IT SIMPLY DOES NOT WORK AND I'M

CONCERNED BECAUSE ONE OF THE

ISSUES THAT WE'RE FACING IS THE

POSSIBILITY THAT IN THIS FISCAL

CRISIS TIME, JUVENILE DIE DEFENSE

MAY BE THE FIRST AREA CUT.

>> IF THE JUDGES ARE COLLECTING

FEES AND DOING ASSESSMENTS WHY

ARE THE PUBLIC DEFENDERS OFFICES

SAYING WE ARE OUT OF MONEY CAN'T

REPRESENT MORE PEOPLE.

WHAT IS HAPPENING HERE?

IF THE MONEY SOURCE IS THERE AND

BEING COLLECTED, WHY IS IT BEING

DEPLETED SO QUICKLY?

>> THE MINUTES THAT ARE

COLLECTED FROM THE CLIENTS MAKE

UP A MINUTE US CALL MINUS

BUDGET.

OUR BUDGET IN 2015 WAS, I THINK,

5,101,000 AND WE CAN COMPARE

THAT TO, SAY, THE DISTRICT

ATTORNEY'S BUDGET WHICH IN 2014

WAS AROUND $13 MILLION SO THERE

IS A REAL DIFFERENCE, BUT EVEN

GIVEN OUR VERY SMALL BUDGET IN

COMPARISON, THE PART OF THAT

BUDGET THAT'S REPRESENTED BY THE

$40 APPLICATION FEE OR THE

MODEST ASSESSMENTS IS A DROP IN

THE BUCKET.

IT IS A RED HERRING.

>> I CAN PUT IT --

>> LET ME GET TO --

>> IT WOULD REALLY EQUATE TO

$1.5 MILLION AND I THINK LAST

YEAR IT WAS 128,000.

BUT IN OTHER YEARS IT HAS BEEN

400,000, 500,000 SO THERE IS A

BIG DIFFERENCE.

AND IT GOES JUDGE BY JUDGE,

PERSON BY PERSON AND I THINK

EVERYONE HAS TO DO A BETTER JOB

OF THE $40 COLLECTION.

IT IS A LOT OF MONEY.

FOR A BUDGET OF $5 MILLION, YOU

ADD A MILLION AND A HALF, THAT

IS A LOT OF MONEY.

>> HAVE YOUD A SLOW INDICATED TO

THE JUDGE?

-- HAVE YOUD A SLOW YOU ADVO

JUDGE?

>> WE CERTAINLY HAVE, BUT IT IS

A DAILY FEET AND DAILY GRIND ON

EVERY CASE TO COLLECT THE $40.

AND I BELIEVE THAT THE PUBLIC

DEFENDERS GOT TOGETHER WITH

REVENUE AS WE HAVE HERE, AND

COLLECTED MONEY AS WE HAVE, I

THINK THAT OFFICE AND OTHER

OFFICES, MAINLY BIGGER OFFICES,

THEY HAVE A LOT OF MONEY THEY

CAN COLLECT ON A SMALL AMOUNT

FROM THE DEFENDANT.

>> I HAVE ASSESSED FEES IF THEY

CAN PAY, EVEN IF HE THINKS THEY

CAN PAY, HE DOESN'T NECESSARILY

ASK FOR ALL THEIR PAPERWORK BUT

EVEN IF HE THINKS THEY CAN PAY

HE WILL ASSESS A 100, $150 FEE.

BUT THEN YOU GO BACK TO WHAT

MR. DIXON SAID, YOU HAVE A

DEFENDANT WHO MAY NOT HAVE THAT

$150 WHO THE DA'S OFFICE, NO

OFFENSE WILL OFFER THEM $150 DOS

OF PROSECUTION OR DISMISSAL,

THEY'RE GOING TO PAY THAT FIRST.

THE $150 ASSESSED IT IS THE

PDs OFFICE RESPONSIBILITY TO

COLLECT.

WE HAVE A CONFLICT OF INTEREST

AND ALTHOUGH I'M NO LONGER

THERE, I STILL ASSOCIATE MYSELF

THERE WE HAVE A CONFLICT OF

INTEREST GOING BACK TO THE COURT

AND SAYING, YOUR HONOR, THIS

DEFENDANT DOESN'T PAY US OWS

MONEY.

THE JUDGE THROWS THEM IN JAIL

FOR CONTEMPT OF COURT.

THAT GOES AGAINST WHAT WE'RE

DOING AT PUBLIC DEFENDERS SO NOW

IT IS THE PUBLIC DEFENDARIES

OFFICE TO DO AS MR. DIXON SAID

AND TAKE THAT MONEY FROM THEIR

TAX RETURNS, WHICH MAY BE

NONEXISTENT.

>> HOWL DO

NONEXISTENT.

>> HOW DO YOU FIT IN THIS?

>> WE WORK FOR AN OFFICE AND OUR

ROLE IS TO PROVIDE TRIAL-LEVEL

CAPITAL DEFENSE ACROSS THE

STATE, AND THERE ARE PEOPLE

WITHIN THE STATE THAT BELIEVE WE

ARE ONE OF THE MAIN PROBLEMS

WITH THE CURRENT FINANCIAL

SITUATION THAT OFFICES LIKE OURS

RECEIVED TOO MUCH MONEY.

NOW, I DON'T THINK THAT HOLDS

WATER WHEN YOU LOOK AT THE

ACTUAL NUMBERS BECAUSE WHEN YOU

LOOK AT THE ACTUAL NUMBERS IT

WAS ALLOCATED IN THE STATE

PUBLIC DEFENDER BUDGET, LAST

YEARS WAS $9.9 MILLION.

DIVIDE IT ABOUT HALF BETWEEN

OFFICES THAT HANDLE TRIAL

MATTERS AND OFFICES THAT HANDLE

APPELLATE MATTERS.

IT IS ABOUT $5.3 MILLION AND

THAT WASSAL OH WAS ALLOCATED.

WHEN YOU COMPARE THAT VERSES

WHAT IS SENT TO THE DISTRICTS

FROM LOCAL FINANCES AND FROM THE

STATE, THAT IS A DROP IN THE

BUCKET FOR LARGER DISTRICTS AND

MORE RURAL DISTRICTS BUT THE

QUESTION IS FOR THE PANEL, WHAT

DO THEY THINK WILL HAPPEN IF YOU

SHIFT ALL THAT MONEY BACK TO THE

DISTRICTS?

WHERE WE WILL HAVE PRANCE A

MARGINAL IMPACT ON THE ACTUAL

REVENUE IN THE OFFICE, AND THEN

YOU HAVE NO ONE LEFT TO PROVIDE

CAPITAL DEFENSE BECAUSE THERE

ARE TWO BILLS IN THIS

LEGISLATIVE SESSION, HOUSE BILL

818 WHICH WOULD SEEK TO DEFUND

THESE PROGRAMS AND SENATE BILL

374, MR. CLAITOR'S BILL, WAY PUT

THESE PROGRAMS IN DEEP, DEEP

TROUBLE.

>> MR.ED A.

S.

>> IT IS INTERESTING --

MR. ADAMS.

>> IT IS INTERESTING, THIS BOARD

FUNDS DAPT CASES A THIRD OF THE

APPROPRIATED MONEY FROM THE

STATE AT THE SAME TIME

DECERTIFYING, DEQUALIFYING

ABSOLUTELY EXPERT CAPITAL

DEFENDERS.

THEY'VE DONE IT ALL ACROSS THE

STATE, THEY CAN SEND THE MONEY

TO FIRMS LIKE YOURS.

IT MAY BE THE BEST MOVE BUT IT

BEGS OUR EXPLANATION.

>> I THINK THE EXPLANATION IS

THIS, WHICH THE DISTRICT

ATTORNEY'S ASSOCIATION IS UPSET

THEY'RE LOSING THE DEATH

PENALTY.

THESE OFFICES HAVE BEEN

EFFECTIVE IN LIMITING THE DEATH

PENALTY IN TERMS OF CONVICTIONS

IN TERMS OF INDICTMENTS FOR

ABOUT THE LAST 15 TO 20 YEARS.

THESE OFFICES ARE THE BEST WAY

TO WORK AGAINST THE DEATH

PENALTY IN THE STATE AND THEY'RE

UPSET ABOUT THAT.

>> IF I COULD JUST ADD REAL

QUICK, WE HAVE A HIGHS RATE OF

EXON RATION SO THIS ARGUMENT

MIGHT BE A LITTLE MOOT IF THERE

HADN'T BEEN INNOCENT PEOPLE ON

DEATH ROW, BUT HAS BEEN

DISCOVERED SO THEY DO NEED AN

ADEQUATE DEFENSE.

>> YOU'RE SAYING PUBLIC

DEFENDERS CAN'T PROVIDE ADEQUATE

DEFENSE, I'VE WORKED IN THE

CAPITAL AND I CAN TELL WITH YOU

MAY CASE LOAD THAT I HAD ON THE

PUBLIC DEFENDER'S OFFICE, WITH

ALL DUE RESPECT, I CANNOT

ADEQUATELY DEFEND.

>> IF YOU HAD SPECIFIED IN THE

PUBLIC DEFENDERS OFFICE TO BE A

SPECIAL DEFENDER FOR THOSE CASES

THE PUBLIC DEFENDER'S OFFICE

COULD STILL RECEIVE THAT MONEY

AND YOU COULD STILL BE THERE.

I FEEL LIKE IT GIVE AS LIGHT

THAT PUBLIC DEFENDERS IN GENERAL

ARE NOT ADEQUATE ATTORNEYS TO

REPRESENT THESE CASES.

>> THERE IS STILL NOT ENOUGH

MONEY ALLOCATED TO BEGIN WITH.

IN OCTOBER OF 2015, THE PUBLIC

DEFENDER BOARD AND STATE

PLANNING ASKED FOR

$75.9 MILLION.

A NUMBER MR.ED MR. ADAMS BROUGHT U

EARLIER IN THE COUNTRY, MY

QUESTION WOULD BE, WHAT WAS THE

DISTRICT ATTORNEY'S OFFICE

POSITION ON THAT REQUEST.

WE DID NOT TAKE A POSITION

OPPOSING THAT WITH I WOULD NEVER

OPPOSE FUNDING FOR A PUBLIC

DEFENSE EXCEPT WHEN THEY TRIED

TO INCREASE THE TRAFFIC FEES, A

SYSTEM YOU AGREE IS NOT THE BEST

WAY TO FUND YOUR SYSTEM.

THAT IS THE ONLY TIME --

>> DON'T YOU THINK IF THE STATE

WANTS TO EXECUTE SOMEBODY THAT

PERSON SHOULD BE THE BEST

POSSIBLE DEFENSE SO THERE IS NOT

A MISTAKE.

SO SOMEBODY DOESN'T SET ON DEATH

ROW OR IS EXECUTED WHEN THEY ARE

INNOCENT.

I THINK THAT'S --

>> THAT'S WHAT WE'RE TALKING

ABOUT HERE.

HOW MUCH IS THE DOLLAR FIGURE ON

THAT?

HOW MUCH IS IT?

>> WELL, APART FROM THE OBVIOUS

FACT THAT WE CANNOT, AS SOCIETY,

ALLOW OURSELVES TO EXECUTE

SOMEBODY WHO IS INNOCENT WITHOUT

AT LEAST DOING EVERYTHING

POSSIBLE TO PREVENT IT, BUT ON A

MORE PRACTICAL LEVEL, THERE ARE

SPECIAL CONSTITUTIONAL RIGHTS

THAT FLOW TO PEOPLE FACING

CAPITAL PUNISHMENT AND WE HAVE

AN OBLIGATION UNDER OUR

CONSTITUTION TO ENSURE THAT

THOSE RIGHTS ARE MET.

>> I WILL JUST ADD THAT THE

DISTRICT ATTORNEYS HAVE A STAKE

IN MAKING THIS THING WORK.

WE HAVE A STAKE IN MAKING SURE

WE DON'T EXECUTE ANYBODY WHO IS

INNOCENT.

WE DON'T THAT I TRAFFIC TICKETS

IS A WAY TO FUND THATS OFFICE.

WE THINK OUGHT TO BE FUNDED

THROUGH THE LEGISLATURE.

AN ADDED BENEFIT TO THAT LOOK

CLOSER AT THE SPENDING

PRIORITIES AND WE WOULD HAVE

CONFIDENCE IN WHATEVER LEVEL

THEY NEED TO BE FUNDED.

>> AS FAR AS THE DISTRICT

ATTORNEYS, PARTICULARLY MY OWN

DISTRICT ATTORNEY, HIS BENCHMARK

IS NOT CONVICTIONS AND DEATH

PENALTIES.

HIS BENCHMARK IS, WAS JUSTICE

SERVED SO I DON'T WANT TO LEAVE

THE IMPRESSION OUR DAs ACROSS

LOUISIANA ARE BLOOD-THIRSTY

FOLKS LOOKING TO EXECUTE PEOPLE.

THEY'RE LOOKING FOR JUSTICE AND

JUSTICE ISN'T DONE IF FOLKS ARE

NOT PROPERLY DEFENDED.

NOBODY IN THIS STATE WANTS TO

SEND INNOCENT PEOPLE TO THE

GALLON LOWS.

>> AMEN.

MR. DIXON.

>> ONE THING THAT NEEDS TO BE

SAID, THERE IS THERE ALLEGATION

THAT ALL MONEY GOSS TO CAPITAL.

THAT IS NOT TRUE.

75% OF PUBLIC DEFENSE MONEY

GEAUX GOES TO THE DISTRICTS.

75%.

IT'S NOT HALF, IT'S HE NOT -- IT

IS 75% OF ALL PUBLIC SPENDING ON

PUBLIC DEFENSE IS IN THE

DIRECTS.

WE DO SPEND $10 MILLION A YEAR

ON CAPITAL DEFENSE.

A, IT'S EXPENSIVE.

THIS IS A COMPLAINT YOU HAVE

NATIONWIDE.

EVERY STATES THAT HAS A DEATH

PENALTY COME TO PLAINS ABOUT HOW

MUCH MONEY IS SPENT ON CAPITAL

DEFENSE.

I WOULD ALSO POINT OUT THAT

THERE ARE DISTRICTS IN THIS

STATE THAT CANNOT AFFORD TO PAY

FOR CAPITAL DEFENSE.

IF WE DON'T HAVE THE PROGRAM,

THERE ARE HALF OF OUR DIRECTS

WILL -- ESSENTIALLY, ELIMINATE

THE DEATH PENALTY BECAUSE THEY

WILL NOT HAVE THE CAPABILITY OF

GETTING LAWYERS TO HANDLE THE

DEATH PENALTY OF THOSE

DISTRICTS.

I CAN TELL HE CAMERON PARLISH

DOES NOT HAVE THE ABILITY TO

HANDLE ONE CAPITAL CASE, NOT

ONE.

>> GIVE US A SENSE OF HOW DIRE

THINGS ARE.

WE'VE RUN OUT OF TIME FOR OUR

QUESTION AND ANSWER SEGMENT.

WE WILL LIKE TO THANK OUR

PANELISTS FOR THEIR INSIGHT ON

TONIGHT'S TOPIC.

WHEN WE COME BACK, WE WILL HAVE

A FEW CLOSING COMMENTS.

*

 

>> MICHAEL, CERTAINLY THIS IS A

VERY COMPLICATED TOPIC AND ONE

OF THE THINGS WE FOUND OUT

TONIGHT WAS THAT WHEN JUDGES

HAVE AN AWFUL LOT TO STAY ABOUT

--

>> DIFFERS VIEWS ACROSS THE

STATE HERE.

>> AND ALSO, THIS IS A TOPIC

THAT WE, AND A PROBLEM THAT WE

HAVE TO ALL DEAL WITH ON ALL

SIDES BECAUSE IT IS CERTAINLY

SOMETHING WE EXPECT IN AMERICA

TO HAVE.

A JUDICIAL SYSTEM THAT WORKS.

>> AND, MIRANDA HAS BEEN AROUND

FOR A LONG TIME, AS FAR AS THE

MIRANDA RIGHTS ARE CONCERNED.

THAT'S THE TIME WE HAVE FOR THIS

EDITION OF "LOUISIANA PUBLIC

SQUARE".

WE ENCOURAGE YOU TO VISIT OUR

WEBSITE AS LPB.ORG/PUBLICSQUARE.

WHILE YOU'RE THERE VIEW

ADDITIONAL SOUND BYTES AND

COMMENT ON TONIGHT'S SHOW.

WE WOULD LOVE TO HEAR FROM YOU.

>> INDEED, WE WOULD.

NEXT MONTH, DEATHS FROM DRUG

OVERDOSES HAVE JUMPED ACROSS THE

U.S. DRIVEN BY AN ADDICTION TO

PRESCRIPTION PAINKILLERS AND

HEROIN.

HEROIN REACHED A RECORD HIGH

THIS YEAR, EVEN AS THE STATE

LEGISLATURE HAS INCREASED

PENALTIES FOR DEALING THE DRUG.

JOIN US NEXT MONTH FOR OPIATES

IN THE BAYOU STATE.

THANKS FOR WATCHING US THIS

EVENING.

GOOD NIGHT.

>> GOOD NIGHT.

*

 

>> FOR A DROP ME OF THIS

PROGRAM, CALL 1-800-973-7346.

OR GO ONLINE TO LPB.ORG.

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PROVIDED BY THE FOUNDATION FOR

EXCELLENCE IN LOUISIANA PUBLIC

BROADCASTING AND FROM VIEWERS

LIKE YOU.

LIKE YOU.