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*

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>> SUPPORT FOR THIS PROGRAM IS

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PROVIDED BY THE FOUNDATION FOR

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EXCELLENCE, AND VIEWERS LIKE

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YOU.

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>> HELLO AND WELCOME TO

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"LOUISIANA PUBLIC SQUARE", I'M

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BETH COURTNEY, PRESIDENT OF LPB.

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MICHAEL MARSH, A LONG-TERM

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TELEVISION JOURNAL CYST WITH US

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TONIGHT AND THANKS, MICHAEL.

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>> BETH, THANK YOU AIM CROSS THE

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STATE, LIEU CITIZENS WHO CAN'T

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AFFORD REPRESENTATION ARE

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SETTING IN JAILS WITH NO DATE

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SET.

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WITH THE SHORT FALL, PUBLIC

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DEFENDER'S OFFICES ARE STRAPPED

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FOR CASH.

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THAT MEANS THEY'RE ONLY

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DEFENDING WHO THEY CAN.

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>> THOSE ACCUSED OF FELONY ACTS

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INVOLVING VIOLENCE ARE OFTEN THE

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FIRST PRIORITY IN MANY

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DISTRICTS, OTHERWISE THOSE

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ACCUSED COULD BE RELEASED

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WITHOUT A TRIAL AND OTHERS SIT

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ON A WAITING LIST.

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CRITICS OF THE PUBLIC DEFENDERS

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OFFICE SAY THE CASH THEY HAVE

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COULD BE SPENT MORE WISELY, WE

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WILL EXPLORE THAT WITH

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JUSTICE ON HOLD: LOUISIANA'S

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PUBLIC DEFENDER SHORTAGE.

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WHAT HAPPENS WHEN THE PUBLIC

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DEFENDER'S OFFICE DOESN'T GET

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FUNDED?

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SHE SPECIALIZES IN CRIMINAL LAW.

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>> WE HAVE IN THIS STATE RIGHT

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NOW A POPULATION OF PEOPLE WHO

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MIGHT AS WELL BE THE DISAPPEARED

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IN SOME OPPRESSIVE DICTATORSHIP.

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THEY GET ARRESTED, THE PUBLIC

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DEFENDER SAYS, I CANNOT

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REPRESENT YOU, AND THEN THEY SIT

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AND THEY SIT AND THEY SIT IN

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JAIL AND THEY HAVE NO LAWYER AND

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THEY HAVE NO MONEY TO MAKE BAIL.

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AND NO INVESTIGATION IS

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HAPPENING ON THEIR CASE.

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>> THAT CAN HAVE DETRIMENTAL

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EFFECTS IN FELONY CASES.

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>> JUDGES ARE GOING TO HALT

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PROSECUTIONS BECAUSE THAT IS NO

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MONEY, AND BECAUSE THIS IS THE

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UNITED STATES OF AMERICA AND

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BECAUSE YOU CANNOT HOLD PEOPLE

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IN JAIL IF THERE IS NO

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PROSECUTION PENDING AGAINST

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THEM, PEOPLE ARE GOING TO GET

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RELEASED.

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AND SOME OF THOSE PEOPLE ARE

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PEOPLE WHO SHOULD NOT BE

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RELEASED.

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>> PUBLIC DEFENDERS FROM AROUND

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THE STATE ARE TRYING TO RAISE

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AWARENESS.

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KATELYN GRAHAM IS A DISTRICT

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ATTORNEY.

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>> WE'RE FACING MASSIVE BUDGET

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SHORT FALLS OF $500,000.

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THAT THROAT 35 OF 52 LAWYERS

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BEING FIRED.

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>> WE WILL CONTINUE AT OUR

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PAIRED DOWN SIZE BUT WE'RE GOING

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TO DO PROBABLY 20% OF OUR CASE

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LOAD IT WILL MEAN THE DISTRICT

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NOT OPERATE.

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>> THOSE AROUND THE STATE ARE

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BASICALLY FUNDED IN TWO WAYS.

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FIRST, MONEY COMES PRIMARILY

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FROM LOCAL COURT FINES, THINGS

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LIKE TRAFFIC TICKETS, AND ALSO

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BY THE LEGISLATURE.

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THEY GET FUNDS TO THE STATE

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PUBLIC DEFENDERS BOARD TO DOLE

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OUT TO THE LOCALS.

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>> WE WERE FUNDED, $33 MILLION,

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BY THE LEGISLATURE.

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THAT IS GOING TO BE DECREASED TO

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UNDER 13.

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AND THAT WILL HAVE A DIRECT

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IMPACT ON HOW WE CAN ASSIST THE

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DISTRICTS AND WHAT THEY'RE GOING

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TO BE FACING STATEWIDE.

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>> STATE PUBLIC DEFENDER JAMES

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DIXON TOLD A LEGISLATIVE

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COMMITTEE RECENTLY LOCAL FUNDING

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IS ALSO DRYING UP, DESPITE

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RECENT CHANGES LAWMAKERS MADE TO

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THE FUNDING STRUCTURE.

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>> AT THE SAME TIME THAT THE

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LEGISLATURE INCREASED TICKETS

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FROM 35 TO $45, THERE WAS STEADY

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DECLINE IN THE FILING OF LOCAL

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TRAFFIC TICKETS AND CRIMINAL

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MATTERS.

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THE RESULT HAS BEEN TO

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COMPLETELY ERASE ANYTHING THAT

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THIS LEGISLATURE PROVIDED FOR

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RELIEF FOR THE INDIVIDUAL

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DISTRICTS.

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>> BUT THE STATE'S PURSE STRINGS

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ARE TIGHT.

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RETIRED JUDGE AND FORMER

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DISTRICT ATTORNEY DOUG MORROW

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HAS BEEN PART OF THE STATE'S

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JUSTICE SYSTEM FOR DECADES.

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HE SAYS HE HASN'T SEEN PUBLIC

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DEFENDERS MAKE THE BEST USE OF

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RESOURCES.

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>> THE QUESTION IS, WHAT IS

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SUFFICIENT?

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I MEAN, YOU CAN, ANYONE, IF I

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WENT TO THE GROCERY STORE, AND

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YOU DECIDED THAT YOU WANTED TO

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BUY EVERYTHING IN THE GROCERY

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STORE, PROBABLY WOULDN'T HAVE

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ENOUGH MONEY IN YOUR PURSE TO DO

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THAT.

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YOU'VE GOT TO MAKE DECISIONS.

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YOU'VE GOT TO USE DISCRETION.

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WHAT CAN I AFFORD TO BUY.

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>> BUT, METZGERS SAYS LAWYERS

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CAN'T PRIORITIZE WHAT THEY DO TO

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DEFEND THEIR CLIENTS.

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>> THE CONSTITUTION DOESN'T

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PRIORITIZE WHAT THE BEST WAY TO

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REPRESENT SOMEBODY OR THE

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CHEAPEST WAY TO REPRESENT IS.

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THE CONSTITUTION SAYS YOU ARE

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ENTITLED TO THE EFFECTIVE

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REPRESENTATION OF COUNSEL AND

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THAT IS EVERY CRITICAL STAGE.

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>> THEY SAY THEY COULD BETTER

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PAST OUT WHO THEY SERVE.

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85% OF CRIMINAL CASES IN

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LOUISIANA GO THROUGH THEIR

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OFFICE.

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>> IN A COUNTRY THAT IS ARGUABLY

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THE RICHEST COUNTRY IN THE WORLD

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AND THERE IS MORE OPPORTUNITY

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FOR CITIZENS TO BE END AND

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SUCCESSFUL, TO ACCEPT THAT 58%

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OF        85%

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OF PEOPLE WHO END UP BEING

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CHARGED WITH A CRIME ARE

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INDEPENDENT INTELLIGENT HARD TO

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FOLLOW, I THINK, WITHOUT CLOSE

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TO -- ARE INDIGENT, IS HARD TO

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FOLLOW, I THINK, WITHOUT CLOSER

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INSPECTION.

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>> A CAPITAL CASE IS WHEN

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SOMEONE IS A POSSIBILITY OF

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SOMEONE HAVING BEEN SENTENCED TO

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DEATH, AND LOT OF THOSE MONIES,

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MY UNDERSTANDING, ARE AFTER THE

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SENTENCING PHASE WHEN THAT

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PERSON THAT DEFENDANT HAS BEEN

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SENTENCED TO DEATH FOR THEIR

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APPELLATE REVIEWS, WHICH THEY

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ARE CONSTITUTIONALLY ENTITLED

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TO.

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>> BUT THOSE KANSASES          CASES TAK

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THIRD OF THE FUNDING.

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>> THERE ARE A LOT OF THOSE

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COMPLAINING THAT MONEY SHOULD BE

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FAIRLY DISTRIBUTED THROUGHOUT

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THE CASE OTHER THAN THE SELECT

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FEW WHO HAVE THE CAPITAL CASES.

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>> WHEN TEMPORARY RELIEF HAS

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COME FROM PRIVATE ATTORNEYS.

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HE SAYS THE STATE BAR

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ASSOCIATION IS ADVISING AGAINST

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THAT.

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>> THEY'VE ENCOURAGED LAWYERS TO

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LITIGATE THIS AS A 5th

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AMENDMENT ISSUE, A TAKING ISSUE.

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YOU CANNOT TAKE A TIME WITHOUT

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COMPENSATION.

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A LAWYER'S TIME IS ITS STOCK AND

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TRADE.

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>> THEY SAY THE BEST WAY IS

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JUSTICE REFORM, ELIMINATE JAIL

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TIME AS A SENTENCE FOR SOMEx|ú|x|

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MISDEMEANORS THAT WOULD GREATLYú|ú|ú|

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REDUCE CASE LOAD.ú|ú|ú|

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IN THE MEANTIME, PUBLIC

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DEFENDERS WORK THREE TO FOUR

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TIMES THE NUMBER OF CASES

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RECOMMENDED A YEAR BY THE

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AMERICAN BAR ASSOCIATION.

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DIXON SAYS THAT MEANS THEY ARE

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PRIORITIZING CASES THAT COULD BE

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A THREAT TO PUBLIC SAFETY.

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>> IT IS A HORRIBLE THING THAT

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PUBLIC DEFENDANTS AND PUBLIC

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DEFENDERS ARE PLEASED IN THE

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POSITION WHERE A DRIVING FORCE

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IS PUBLIC SAFETY.

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OUR GOAL SHOULD BE TO PROVIDE

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EVERYONE WITH A DEFENSE, BUT WE

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ARE IN THIS POSITION SO THAT

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THOSE WHO ARE IN JAIL WILL

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RECEIVE REPRESENTATION, WILL NOT

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BE RELEASED ON CITIZEN

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LITIGATION AND THEIR CASES WILL,

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IN FACT, PROCEED.

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>> OUR STUDIOS CEO AUDIENCE

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JOINS US TO EXPLORE IT JUSTICE

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ON HOLD NOW IT INCLUDES LAW

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SCHOOL STUDENTS AND CURRENT AND

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PRIOR DISTRICT ATTORNEYS AND

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PUBLIC DEFENDERS FROM AROUND THE

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STATE AND THE ADVISORY COUNCIL.

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WE THANK EVERYONE FOR BEING

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HERE.

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LET'S TAKE A LOOK AT FACTS AND

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FIGURES SURROUNDING PUBLIC

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DEFENDER FUNDING.

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IN THE FAST FIVE YEARS, S OF      31 OF

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THE STATE'S PUBLIC DEFENDERS

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OFFICES NEED HELP FROM THE STATE

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BOARD.

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THE LEGISLATURE HAS CONSISTENTLY

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FUNDED THE PUBLIC DEFENDER BOARD

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AT $30 MILLION IN THE PAST TWO

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TERMS.

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AN AVERAGE OF 66% OF THE

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DISTRICT'S BUDGETS COME FROM THE

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LOCALS.

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A NEED FOR MORE FUNDS IN 2012,

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THEY INCREASE THE FUNDING STREAM

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FROM THE LOCALS THAT MOVE IS

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PROJECTED TO INCREASE THE LOCAL

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REVENUE BY 25% OR 8 MILLION IN

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THE LOCAL FUNDING ANNUALLY, BUT

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IT DIDN'T HELP.

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THERE IS A STEADY DECREASE IN

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TICKETS FILED.

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IN THE SAME FIVE-YEAR PERIOD IT

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DECREASED 29% ACROSS THE STATE.

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IN ADDITION, LOCAL DISTRICTS

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HAVE COLLECTED ONLY 47% OF

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TICKETS THAT HAVE BEEN FILED.

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THAT'S LED TO A $7.5 MILLION

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DECREASE IN LOCAL COLLECTIONS

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LAST YEAR ALONE.

259
00:09:02,767 --> 00:09:04,933
SO LET'S START THERE.

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WHAT IF ANYTHING IS WRONG WITH

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THE FUNDING SYSTEM FOR PUBLIC

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DEFENDERS?

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AND, LET ME START WITH HILLER

264
00:09:11,100 --> 00:09:16,167
MOORE, THE DISTRICT ATTORNEY OF

265
00:09:16,167 --> 00:09:17,167
THE 19th JUDICIAL DISTRICT.

266
00:09:17,167 --> 00:09:20,067
WHAT DO YOU SEE PART OF THE

267
00:09:20,067 --> 00:09:20,467
PROBLEM?

268
00:09:20,467 --> 00:09:21,933
>> WE SEE THINGS DIFFERENTLY

269
00:09:21,933 --> 00:09:23,833
THAN THE FACTS YOU ALLEGE HERE.

270
00:09:23,833 --> 00:09:25,667
I'M NOT SURE WHERE THOSE FACTS

271
00:09:25,667 --> 00:09:27,700
COME FROM BUT I CAN REALLY ONLY

272
00:09:27,700 --> 00:09:29,033
SPEAK TO BATON ROUGE.

273
00:09:29,033 --> 00:09:30,767
WE START WITH DISTRICT ATTORNEYS

274
00:09:30,767 --> 00:09:33,000
RESPECT PUBLIC DEFENDERS AND WE

275
00:09:33,000 --> 00:09:34,733
BELIEVE THEY SHOULD BE PROPERLY

276
00:09:34,733 --> 00:09:35,167
FUNDED.

277
00:09:35,167 --> 00:09:37,133
THE QUESTION IS HOW ARE THEY

278
00:09:37,133 --> 00:09:39,633
PROPERLY FUNDED AND HOW ARE THEY

279
00:09:39,633 --> 00:09:41,167
USING THEIR MONEY?

280
00:09:41,167 --> 00:09:42,833
SHOULD WE FUND IT OFF THE BACKS

281
00:09:42,833 --> 00:09:45,333
OF THE PEOPLE THROUGH TRAFFIC

282
00:09:45,333 --> 00:09:45,667
TICKETS?

283
00:09:45,667 --> 00:09:46,500
PROBABLY NOT THE BEST WAY TO DO

284
00:09:46,500 --> 00:09:48,167
IT BUT THAT'S THE WAY WE'VE DONE

285
00:09:48,167 --> 00:09:49,667
IT FOR A LONG TIME AND CHANGE

286
00:09:49,667 --> 00:09:50,667
WILL BE DIFFICULT.

287
00:09:50,667 --> 00:09:52,667
THE SYSTEM HAS TO BE FAIR.

288
00:09:52,667 --> 00:09:53,967
EVERYBODY HAS TO BE ACCOUNTABLE

289
00:09:53,967 --> 00:09:55,100
AND THE QUESTION IS WHETHER OR

290
00:09:55,100 --> 00:09:57,833
NOT THE FUNDS BEING USED NOW ARE

291
00:09:57,833 --> 00:09:59,233
FUNDED WAY THEY SHOULD BE AND

292
00:09:59,233 --> 00:10:00,133
USED WAIT THEY SHOULD BE.

293
00:10:00,133 --> 00:10:01,333
>> THE FIGURES COME FROM THE

294
00:10:01,333 --> 00:10:02,900
ANNUAL REPORT SO IT IS WRITTEN

295
00:10:02,900 --> 00:10:04,933
IN STONE, SO TO SPEAK, AS FAR AS

296
00:10:04,933 --> 00:10:07,500
THE STATE BUDGET IS CONCERNED.

297
00:10:07,500 --> 00:10:09,733
JOHN WITH THE CAMPAIGN FOR EQUAL

298
00:10:09,733 --> 00:10:11,133
JUSTICE, WHAT DO YOU THINK ABOUT

299
00:10:11,133 --> 00:10:12,367
THE WAY IT'S FUNDED?

300
00:10:12,367 --> 00:10:13,600
>> I THINK THERE IS A BIG

301
00:10:13,600 --> 00:10:14,767
PROBLEM BECAUSE THE NATURE OF

302
00:10:14,767 --> 00:10:16,733
THE WORK IS NOT TIED TO THE

303
00:10:16,733 --> 00:10:18,767
FUNDING MECHANISM SO TRAFFIC

304
00:10:18,767 --> 00:10:20,167
TICKETS, MOST OF THE PEOPLE CAN

305
00:10:20,167 --> 00:10:21,867
AFFORD TO PAY FOR IT IT COMES

306
00:10:21,867 --> 00:10:23,633
FROM A GUILTY FEE SO THOSE ARE

307
00:10:23,633 --> 00:10:26,533
USUALLY THE ONES DRIVING,

308
00:10:26,533 --> 00:10:26,967
SPEEDING.

309
00:10:26,967 --> 00:10:28,200
WE HAVE 13 JURISDICTIONS IN THE

310
00:10:28,200 --> 00:10:32,233
STATE THAT HAVE NO INTERSTATE OR

311
00:10:32,233 --> 00:10:32,633
HIGHWAY.

312
00:10:32,633 --> 00:10:34,500
THERE ARE OVERBURDENED SHERIFFS

313
00:10:34,500 --> 00:10:36,167
OR POLICE DEPARTMENTS THAT WANT

314
00:10:36,167 --> 00:10:38,300
TO FOCUS MANPOWER AWAY FROM

315
00:10:38,300 --> 00:10:38,733
TRAFFIC.

316
00:10:38,733 --> 00:10:40,433
IT REALLY NEEDS TO HAVE A

317
00:10:40,433 --> 00:10:41,733
FUNDING SOURCE TIED TO CASE LOAD

318
00:10:41,733 --> 00:10:43,933
OR WHAT THE LOCAL PUBLIC DEFENSE

319
00:10:43,933 --> 00:10:46,133
OFFICE HANDLES AND RIGHT NOW

320
00:10:46,133 --> 00:10:46,767
THAT DOES NOT THAT.

321
00:10:46,767 --> 00:10:48,067
>> THE PROSECUTORS HE

322
00:10:48,067 --> 00:10:49,800
QUESTIONING, ARE THE PUBLIC

323
00:10:49,800 --> 00:10:50,967
DEFENDERS SPENDING THEIR MONEY

324
00:10:50,967 --> 00:10:53,767
THE RIGHT WAY.

325
00:10:53,767 --> 00:10:55,567
WHAT'S THE BEG BUDGET ITEM

326
00:10:55,567 --> 00:10:56,400
THAT'S MOVEABLE.

327
00:10:56,400 --> 00:11:01,400
>> IT IS THE SALARIES FOR THE

328
00:11:01,400 --> 00:11:01,933
ATTORNEYS.

329
00:11:01,933 --> 00:11:04,400
IT IS AN EASY WAY TO GET CONTROL

330
00:11:04,400 --> 00:11:07,000
ON THAT KIND OF SPENDING, IT IS

331
00:11:07,000 --> 00:11:09,867
TO PAY THE PUBLIC DEFENDERS AT

332
00:11:09,867 --> 00:11:12,833
THE SAME RATE AS DISTRICT

333
00:11:12,833 --> 00:11:13,400
ATTORNEYS.

334
00:11:13,400 --> 00:11:14,400
THEY DO THE SAME KIND OF WORK.

335
00:11:14,400 --> 00:11:16,267
THEY ARE IN COURT ALL DAY AND

336
00:11:16,267 --> 00:11:17,867
THERE COULD BE PARITY SO THE

337
00:11:17,867 --> 00:11:20,033
PROSECUTORS WOULD KNOW, OKAY,

338
00:11:20,033 --> 00:11:22,967
THE PUBLIC DEFENDERS ARE NOT

339
00:11:22,967 --> 00:11:23,967
WASTING THEIR MONEY BECAUSE

340
00:11:23,967 --> 00:11:25,500
THEY'RE PAYING THE SAME AMOUNT.

341
00:11:25,500 --> 00:11:26,800
THEN WE CAN KNOW WHAT WE HAVE TO

342
00:11:26,800 --> 00:11:27,533
BUDGET FOR.

343
00:11:27,533 --> 00:11:29,067
NOW, WHERE WE GET THAT MONEY,

344
00:11:29,067 --> 00:11:32,067
YOU KNOW, THAT'S SOMETHING, I

345
00:11:32,067 --> 00:11:35,033
AGREE WITH WHAT MR. MOORE SAID

346
00:11:35,033 --> 00:11:36,400
THAT TRAFFIC TICKETS IS NOT THE

347
00:11:36,400 --> 00:11:37,867
BEST WAY TO GET THAT MONEY.

348
00:11:37,867 --> 00:11:39,033
WE SHOULD BE SERIOUS IN THIS

349
00:11:39,033 --> 00:11:41,000
STATE AND FUND IT OUT OF THE

350
00:11:41,000 --> 00:11:42,400
STATE GENERAL REVENUES.

351
00:11:42,400 --> 00:11:45,300
>> AS FAR AS THE FUNDING GOES,

352
00:11:45,300 --> 00:11:48,033
ONE OF YOUR DISTRICT ATTORNEYS

353
00:11:48,033 --> 00:11:49,433
YESTERDAY SAYS THIS IS A TRUMPED

354
00:11:49,433 --> 00:11:50,400
UP CRISIS.

355
00:11:50,400 --> 00:11:52,667
SHE HAD A CASE THAT WAS DELAYED.

356
00:11:52,667 --> 00:11:55,567
A VISITING JUDGE, SUPPOSE LEAD A

357
00:11:55,567 --> 00:11:56,667
GANG-RELATED CASE.

358
00:11:56,667 --> 00:11:59,467
REDUCED THE BAIL BECAUSE THE

359
00:11:59,467 --> 00:12:00,833
GENTLEMAN HADN'T GONE TO TRIAL

360
00:12:00,833 --> 00:12:01,533
SOON ENOUGH.

361
00:12:01,533 --> 00:12:04,833
SHE WENT TO YOU AND SAID, WAIT A

362
00:12:04,833 --> 00:12:06,233
MINUTE, I THINK THE PUBLIC

363
00:12:06,233 --> 00:12:07,500
DEFENDER BOARD HAS TRUMPED THIS

364
00:12:07,500 --> 00:12:10,733
WHOLE ISSUE UP AND THIS IS WHAT

365
00:12:10,733 --> 00:12:11,733
WE'RE LEFTED WITH.

366
00:12:11,733 --> 00:12:13,400
>> CLEARLY, THIS HAS BEEN COMING

367
00:12:13,400 --> 00:12:14,933
FOR YEARS AND HAS BEEN SET UP

368
00:12:14,933 --> 00:12:16,967
FOR YEARS AND THIS JUDGE IN THIS

369
00:12:16,967 --> 00:12:20,200
CASE, HIS HANDS WERE TIED BASED

370
00:12:20,200 --> 00:12:22,200
ON THE WRANGLING THAT OCCURRED

371
00:12:22,200 --> 00:12:23,600
SO I BELIEVE SHE IS CORRECT, IT

372
00:12:23,600 --> 00:12:25,400
HAS BEEN COMING FOR YEARS AND IT

373
00:12:25,400 --> 00:12:26,767
IS ASSOCIATE WITH THE DEATH

374
00:12:26,767 --> 00:12:28,333
PENALTY, WE CAN'T OVERLOOK THAT

375
00:12:28,333 --> 00:12:32,033
AND IT IS THE MAKE UP OF THE

376
00:12:32,033 --> 00:12:34,333
BOARD AND HOW IT GETS MONEY TO

377
00:12:34,333 --> 00:12:36,900
LOCAL PUBLIC DEFENDERS.

378
00:12:36,900 --> 00:12:38,033
THEY SHOULD RECEIVE MORE MONEY

379
00:12:38,033 --> 00:12:39,100
FROM THE BOARD AND WE BELIEVE

380
00:12:39,100 --> 00:12:40,133
THE MONEY IS THERE AND COULD BE

381
00:12:40,133 --> 00:12:41,533
THERE FROM OTHER SOURCES AND

382
00:12:41,533 --> 00:12:43,367
THEY CAN DO A BETTER JOB OF

383
00:12:43,367 --> 00:12:44,600
COLLECTING MORE MONEYS WITH OUR

384
00:12:44,600 --> 00:12:46,033
HELP AND IT IS JUST NOT BEING

385
00:12:46,033 --> 00:12:46,400
DONE.

386
00:12:46,400 --> 00:12:48,033
>> WHO IS ACTUALLY ELIGIBLE FOR

387
00:12:48,033 --> 00:12:49,967
PUBLIC DEFENDER SERVICES?

388
00:12:49,967 --> 00:12:52,333
IN OTHER WORDS, HOW IS LOUISIANA

389
00:12:52,333 --> 00:12:54,767
DEFINED INDIGENT.

390
00:12:54,767 --> 00:12:56,400
>> I BELIEVE IT IS DIFFERENT

391
00:12:56,400 --> 00:12:57,567
ACROSS DISTRICTS.

392
00:12:57,567 --> 00:12:59,733
IN LAFAYETTE, THERE IS AN

393
00:12:59,733 --> 00:13:01,067
INQUIRY MADE BY THE COMMISSIONER

394
00:13:01,067 --> 00:13:06,033
AT THE 72-HOUR HEARING AS HOW

395
00:13:06,033 --> 00:13:09,833
WHETHER OR NOT THE PERSON AFFORD

396
00:13:09,833 --> 00:13:12,267
COUNSEL, AND IF NOT, THEY'RE

397
00:13:12,267 --> 00:13:14,100
SCENED AND ASSESSED A FEE BASED

398
00:13:14,100 --> 00:13:15,267
ON THAT SCREENING.

399
00:13:15,267 --> 00:13:18,933
SO IF THE PERSON IS CONSIDERED

400
00:13:18,933 --> 00:13:20,800
INDIGENT BUT ABLE TO PAY SOME

401
00:13:20,800 --> 00:13:22,433
AMOUNT, THAT AMOUNT IS

402
00:13:22,433 --> 00:13:23,667
CALCULATED AND THEY ARE REQUIRED

403
00:13:23,667 --> 00:13:24,400
TO PAY THAT.

404
00:13:24,400 --> 00:13:25,933
ALL OF THOSE PROCESSES ARE PART

405
00:13:25,933 --> 00:13:28,600
OF THE AUDIT THAT HAPPENS EVERY

406
00:13:28,600 --> 00:13:30,600
YEAR WITH OUR PUBLIC DEFENDER'S

407
00:13:30,600 --> 00:13:32,100
OFFICE AND EVERY PUBLIC

408
00:13:32,100 --> 00:13:33,533
DEFENDER'S OFFICE ACROSS THE

409
00:13:33,533 --> 00:13:35,267
STATE, SO I THINK THIS WAS KIND

410
00:13:35,267 --> 00:13:36,867
OF ALLEGATION IS BEING THROWN

411
00:13:36,867 --> 00:13:38,033
AROUND THIS THE PUBLIC

412
00:13:38,033 --> 00:13:40,067
DEFENDER'S OFFICE TAKES ON MORE

413
00:13:40,067 --> 00:13:41,633
CASES THAN IT NECESSARILY SHOULD

414
00:13:41,633 --> 00:13:44,300
IN TERMS OF PEOPLE WHO AREN'T

415
00:13:44,300 --> 00:13:47,467
ACTUALLY INDIGENT, I THINK THAT

416
00:13:47,467 --> 00:13:48,933
IS A RED HERRING IN THIS.

417
00:13:48,933 --> 00:13:50,933
IT IS POSSIBLE THAT A FEW PEOPLE

418
00:13:50,933 --> 00:13:56,067
WHO POTENTIALLY COULD HIRE

419
00:13:56,067 --> 00:13:57,367
PRIVATE COUNSEL DO END UP

420
00:13:57,367 --> 00:13:59,033
GETTING REPRESENTED BY PUBLIC

421
00:13:59,033 --> 00:13:59,967
DEFENDERS BUT I THINK THAT

422
00:13:59,967 --> 00:14:01,100
NUMBER IS SO SMALL AND

423
00:14:01,100 --> 00:14:02,633
INSIGNIFICANT THAT WE'RE REALLY

424
00:14:02,633 --> 00:14:03,867
WASTING TIME ON THAT DISCUSSION

425
00:14:03,867 --> 00:14:05,667
WHEN THERE IS A MUCH BIGGER

426
00:14:05,667 --> 00:14:06,867
ISSUE AT HAND.

427
00:14:06,867 --> 00:14:09,200
>> DAVID BURDEN FROM THE

428
00:14:09,200 --> 00:14:13,100
LOUISIANA DISTRICT ATTORNEY'S

429
00:14:13,100 --> 00:14:14,033
ASSOCIATION, LET ME ASK YOU

430
00:14:14,033 --> 00:14:15,333
THIS, IS SHE BRINGING UP A GOOD

431
00:14:15,333 --> 00:14:17,733
POINT, THIS IS A RED HERRING,

432
00:14:17,733 --> 00:14:21,933
MAYBE PEOPLE WHO ARE INDIGENT AN

433
00:14:21,933 --> 00:14:22,967
DESERVE REPRESENTATION AND

434
00:14:22,967 --> 00:14:24,400
THEY'RE NOT SCAMMING THE SYSTEM.

435
00:14:24,400 --> 00:14:27,467
>> WE UNDERSTAND THE DEFAULT IS

436
00:14:27,467 --> 00:14:29,500
SIMPLY TO APPOINT CANALS, IT IS

437
00:14:29,500 --> 00:14:32,233
THE EASIEST THING TO DO --

438
00:14:32,233 --> 00:14:33,967
APPOINT COUNSEL, AND IT IS THE

439
00:14:33,967 --> 00:14:36,333
EASIEST THING TO DO AND MOVES

440
00:14:36,333 --> 00:14:36,833
ALONG.

441
00:14:36,833 --> 00:14:41,567
MANY ARE RECEIVING COUNSEL WHEN

442
00:14:41,567 --> 00:14:47,900
SHE THUD SHUTDOWN

443
00:14:47,900 --> 00:14:49,667
SHOULD NOT BE.

444
00:14:49,667 --> 00:14:53,833
SECTION 175 REQUIRED A $45

445
00:14:53,833 --> 00:14:55,000
ENROLLMENT FEE.

446
00:14:55,000 --> 00:14:56,900
SECTION 176 REQUIRES JUDGES

447
00:14:56,900 --> 00:14:58,500
PERFORM A FURTHER SCREENING TO

448
00:14:58,500 --> 00:14:59,667
DETERMINE IF THEY CAN PAY OVER

449
00:14:59,667 --> 00:15:01,367
AND LOVE THE $40.

450
00:15:01,367 --> 00:15:04,767
IF YOU EXAM A 2014 AND 2015

451
00:15:04,767 --> 00:15:06,633
ANNUAL REPORTS OF THE PUBLIC

452
00:15:06,633 --> 00:15:07,900
DEFENDER BOARD, YOU WILL FIND

453
00:15:07,900 --> 00:15:14,767
THOSE PROVISIONS OF THE LAW ARE

454
00:15:14,767 --> 00:15:16,900
BEING IGNORED AND WE FEEL THERE

455
00:15:16,900 --> 00:15:18,900
IS A LOT OF MONEY BEING LEFT ON

456
00:15:18,900 --> 00:15:20,933
THE TABLE THAT THEY CAN PAY OVER

457
00:15:20,933 --> 00:15:22,400
AND ABOVE THE $40.

458
00:15:22,400 --> 00:15:25,133
WE COLLECTED OVER $60,000 LAST

459
00:15:25,133 --> 00:15:26,200
YEAR FROM DEFENDANTS WHO COULD

460
00:15:26,200 --> 00:15:28,600
AFFORD TO PAY MORE THAN THE $40.

461
00:15:28,600 --> 00:15:30,733
THEY PERHAPS CAN'T PAY SEVERAL

462
00:15:30,733 --> 00:15:33,600
THOUSAND DOLLARS TO HIRE AN

463
00:15:33,600 --> 00:15:36,633
ATTORNEY IN A CRIMINAL CASE IT

464
00:15:36,633 --> 00:15:40,433
TO THE JUDGE TO EXAMINE THOSE

465
00:15:40,433 --> 00:15:41,367
RECEIVING COUNSEL TO DETERMINE

466
00:15:41,367 --> 00:15:42,533
HOW MUCH THEY CAN AFFORD TO PAY,

467
00:15:42,533 --> 00:15:44,267
ORDER THEM TO PAY THOSE SUMS OF

468
00:15:44,267 --> 00:15:45,800
MONEY AND DO WHAT THEY CAN TO

469
00:15:45,800 --> 00:15:47,200
COLLECT THEM FOR THE LOCAL

470
00:15:47,200 --> 00:15:48,300
PUBLIC DEFENDERS.

471
00:15:48,300 --> 00:15:51,133
>> DO YOU THINK IS BEING DONE IN

472
00:15:51,133 --> 00:15:52,233
EACH JUDICIAL DISTRICT ACROSS

473
00:15:52,233 --> 00:15:52,667
THE STATE.

474
00:15:52,667 --> 00:15:53,300
>> ABSOLUTELY NOT.

475
00:15:53,300 --> 00:15:54,133
>> WHY NOT?

476
00:15:54,133 --> 00:15:55,133
>> I DON'T KNOW.

477
00:15:55,133 --> 00:15:57,200
YOU WILL HAVE TO ASK THE PUBLIC

478
00:15:57,200 --> 00:15:59,200
DEFENDERS IN EACH OF THOSE

479
00:15:59,200 --> 00:16:00,267
JUDICIAL DISTRICTS.

480
00:16:00,267 --> 00:16:05,367
WE OFTEN COLLECT MORE MONEY IN A

481
00:16:05,367 --> 00:16:07,133
DISTRICT OF 36,000 PEOPLE THAN

482
00:16:07,133 --> 00:16:08,233
THE NEW ORLEANS PARRISH.

483
00:16:08,233 --> 00:16:10,400
SOMETHING IS WRONG WITH THAT

484
00:16:10,400 --> 00:16:10,800
SYSTEM.

485
00:16:10,800 --> 00:16:12,067
>> YOU SAID YOU HAVE TO ASK THE

486
00:16:12,067 --> 00:16:13,933
PUBLIC DEFENDERS THAT, BUT

487
00:16:13,933 --> 00:16:15,067
THAT'S NOT WHAT HE SAID

488
00:16:15,067 --> 00:16:16,200
THROUGHOUT THE FIRST PART OF

489
00:16:16,200 --> 00:16:16,867
HITS STATEMENT.

490
00:16:16,867 --> 00:16:19,067
YOU HAVE TO ASK THE JUDGES THAT.

491
00:16:19,067 --> 00:16:20,533
HE SAID THAT THESE THINGS ARE

492
00:16:20,533 --> 00:16:22,200
NOT DONE BECAUSE THE CASES ARE

493
00:16:22,200 --> 00:16:23,600
MOVED ALONG THROUGH THE SYSTEM.

494
00:16:23,600 --> 00:16:26,067
WHO MOVES THE CASE ALONG IN A

495
00:16:26,067 --> 00:16:26,533
COURTROOM?

496
00:16:26,533 --> 00:16:28,067
WHO CONTROLS THE COURTROOM?

497
00:16:28,067 --> 00:16:29,300
THE JUDGE WHO IS RESPONSIBLE FOR

498
00:16:29,300 --> 00:16:30,233
THESE DETERMINATIONS IN.

499
00:16:30,233 --> 00:16:31,200
>> THE JUDGE.

500
00:16:31,200 --> 00:16:33,467
NOT THE PUBLIC DEFENDERS SOME

501
00:16:33,467 --> 00:16:34,833
THEN CONCLUDE YOUR STATEMENT AND

502
00:16:34,833 --> 00:16:36,600
SAY THE PUBLIC DEFENDERS HAVE TO

503
00:16:36,600 --> 00:16:38,667
GET THIS RIGHT, I THINK IS

504
00:16:38,667 --> 00:16:39,100
MISGUIDED.

505
00:16:39,100 --> 00:16:40,800
I THINK IF YOU HAVE SOMEBODY TO

506
00:16:40,800 --> 00:16:42,233
COMPLAIN TO, IT SHOULD BE TO THE

507
00:16:42,233 --> 00:16:43,800
JUDGES BASED ON THE FIRST PART

508
00:16:43,800 --> 00:16:44,667
OF YOUR STATEMENT.

509
00:16:44,667 --> 00:16:46,167
>> ACTUALLY, STEVEN, I THINK IT

510
00:16:46,167 --> 00:16:47,933
IS A COMBINED RESPONSIBILITY.

511
00:16:47,933 --> 00:16:49,067
IT IS THE RESPONSIBILITY OF BOTH

512
00:16:49,067 --> 00:16:51,333
THE PUBLIC DEFENDERS

513
00:16:51,333 --> 00:16:52,800
PARTICULARLY WITH RESPECT TO THE

514
00:16:52,800 --> 00:16:55,100
$40 EVERYONE ROLLMENT FEE WHICH

515
00:16:55,100 --> 00:17:00,700
DOES IN THE REQUIRE A COURT

516
00:17:00,700 --> 00:17:01,233
ORDER.

517
00:17:01,233 --> 00:17:02,367
YOU'RE CORRECT, IT IS ABSOLUTELY

518
00:17:02,367 --> 00:17:03,600
THE RESPONSIBILITY OF THE JUDGES

519
00:17:03,600 --> 00:17:06,467
IN THOSE CASES AND THEY'RE NOT

520
00:17:06,467 --> 00:17:09,000
FULFILLING THAT RESPONSIBILITY

521
00:17:09,000 --> 00:17:11,900
IN MANY, IF NOT MOST OF THE

522
00:17:11,900 --> 00:17:13,033
DISTRICTS AROUND THE STATE.

523
00:17:13,033 --> 00:17:14,367
>> DO YOU THINK PRIVATE LAWYERS,

524
00:17:14,367 --> 00:17:17,333
IF WE'RE OUT OF PUBLIC

525
00:17:17,333 --> 00:17:18,433
DEFENDERS, DINE PRIVATE LAWYERS

526
00:17:18,433 --> 00:17:21,433
SHOULD BE APPOINTED TO REPRESENT

527
00:17:21,433 --> 00:17:31,300
PEOPLE WHO ARE INDIGENT.

528
00:17:31,300 --> 00:17:33,067
>> I DON'T NECESSARILY AGREE

529
00:17:33,067 --> 00:17:33,567
WITH IT.

530
00:17:33,567 --> 00:17:34,500
>> WHY IS THAT.

531
00:17:34,500 --> 00:17:39,867
>> YOU'RE THROWING ATTORNEYS IN

532
00:17:39,867 --> 00:17:42,900
THERE THAT DON'T DO THIS ON A

533
00:17:42,900 --> 00:17:44,333
DAILY BASIS, THEY DON'T

534
00:17:44,333 --> 00:17:47,500
REPRESENT DEFENDANTS ON A DAILY

535
00:17:47,500 --> 00:17:48,100
BASIS.

536
00:17:48,100 --> 00:17:51,633
WE ALL WENT TO LAW SCHOOL WE CAN

537
00:17:51,633 --> 00:17:53,767
ALL KNOW THE LAW, BUT YOU GET

538
00:17:53,767 --> 00:17:55,467
SPECIALIZED IN ONE AREA OF

539
00:17:55,467 --> 00:17:56,767
PRACTICE, ESPECIALLY WHEN IT

540
00:17:56,767 --> 00:17:58,233
COMES TO PUBLIC DEFENSE.

541
00:17:58,233 --> 00:17:59,933
YOU'RE DEALING WITH A PARTICULAR

542
00:17:59,933 --> 00:18:01,467
REALM, A GROUP OF PEOPLE THAT

543
00:18:01,467 --> 00:18:04,933
ARE MORE IN NEED IN DIFFERENT

544
00:18:04,933 --> 00:18:05,400
WAYS.

545
00:18:05,400 --> 00:18:06,800
WE HAVE NO HEALTH ISSUES THAT WE

546
00:18:06,800 --> 00:18:08,500
DEAL WITH THAT PRIVATE ATTORNEYS

547
00:18:08,500 --> 00:18:09,933
DON'T DEAL WITH AND MOST PEOPLE

548
00:18:09,933 --> 00:18:14,933
DON'T EVEN KNOW THE LAWS TO IT.

549
00:18:14,933 --> 00:18:15,800
IS MORE SPECIALIZED.

550
00:18:15,800 --> 00:18:18,500
>> YOU DON'T GO TO A GENERAL

551
00:18:18,500 --> 00:18:20,700
PRACTITIONER, YOU GO TO AN

552
00:18:20,700 --> 00:18:22,933
ONCOLOGIST IF YOU HAVE CANCER.

553
00:18:22,933 --> 00:18:24,333
WE'VE RUN OUT OF TIME FOR THIS

554
00:18:24,333 --> 00:18:25,700
SECTION OF THE SHOW.

555
00:18:25,700 --> 00:18:28,000
WHEN WE RETURN, WE WILL BE

556
00:18:28,000 --> 00:18:31,000
JOINED BY A PANEL OF EXPERTS TO

557
00:18:31,000 --> 00:18:31,633
EXPLORE

558
00:18:31,633 --> 00:18:32,567
JUSTICE ON HOLD: LOUISIANA'S

559
00:18:32,567 --> 00:18:37,233
PUBLIC DEFENDER SHORTAGE.

560
00:18:37,233 --> 00:18:39,633
*

561
00:18:41,933 --> 00:18:44,833
>> WELCOME BACK TO "LOUISIANA

562
00:18:44,833 --> 00:18:45,467
PUBLIC SQUARE".

563
00:18:45,467 --> 00:18:46,667
TONIGHT WE'RE DISCUSSING

564
00:18:46,667 --> 00:18:48,300
LOUISIANA'S PUBLIC DEFENDER

565
00:18:48,300 --> 00:18:48,833
SHORTAGE.

566
00:18:48,833 --> 00:18:53,067
JOINING US NOW, OUR PANEL OF

567
00:18:53,067 --> 00:18:53,600
EXPERTS.

568
00:18:53,600 --> 00:18:55,500
MARJORIE EISMAN, THE EXECUTIVE

569
00:18:55,500 --> 00:18:57,667
DIRECTOR OF THE ACLU WHO HAS

570
00:18:57,667 --> 00:18:59,933
FILED A SUIT AGAINST THE NEW

571
00:18:59,933 --> 00:19:01,667
ORLEANS PUBLIC DEFENDER OFFICE

572
00:19:01,667 --> 00:19:04,067
FOR THOSE WHO LACK

573
00:19:04,067 --> 00:19:04,600
REPRESENTATIVE.

574
00:19:04,600 --> 00:19:06,400
PETE ADAMS, THE DISTRICT

575
00:19:06,400 --> 00:19:07,867
ATTORNEYS ASSOCIATION,

576
00:19:07,867 --> 00:19:09,867
REPRESENTED LOUISIANA

577
00:19:09,867 --> 00:19:14,267
PROSECUTORS IN THE LEGISLATURE

578
00:19:14,267 --> 00:19:15,333
SINCE 1975.

579
00:19:15,333 --> 00:19:17,367
WE HAVE JAY DIXON, SERVED AS

580
00:19:17,367 --> 00:19:20,533
DISTRICT DEFENDER ON OR IN THE

581
00:19:20,533 --> 00:19:23,733
DEFENDER'S OFFICE IN SAINT JOHN,

582
00:19:23,733 --> 00:19:28,300
LAFAYETTE AND OTHER PARRISHES.

583
00:19:28,300 --> 00:19:31,033
AND, SENATE DAN CLAITOR,

584
00:19:31,033 --> 00:19:32,367
OVERSEES PUBLIC DEFENSE IN THE

585
00:19:32,367 --> 00:19:35,000
STATE AND SERVES AS AN ASSISTANT

586
00:19:35,000 --> 00:19:36,933
DISTRICT ATTORNEY IN NEW ORLEANS

587
00:19:36,933 --> 00:19:37,533
PARRISH.

588
00:19:37,533 --> 00:19:40,133
BEFORE THE AUDIENCE QUESTIONS,

589
00:19:40,133 --> 00:19:41,900
FIRST WOULD LIKE TO ASK EACH OF

590
00:19:41,900 --> 00:19:43,233
YOU, IS THE FUNDING SITUATION AT

591
00:19:43,233 --> 00:19:47,100
A CRISIS LEVEL AT THIS POINT?

592
00:19:47,100 --> 00:19:48,167
MARJORIE, I WILL START WITH YOU.

593
00:19:48,167 --> 00:19:50,067
>> FIRST I WANT TO CLARIFY THE

594
00:19:50,067 --> 00:19:52,333
LAWSUIT WE FILED ALSO AGAINST

595
00:19:52,333 --> 00:19:55,267
MR. FIXst DIXON HERE IN HIS

596
00:19:55,267 --> 00:19:57,567
CAPACITY FOR THE CHIEF PUBLIC

597
00:19:57,567 --> 00:19:59,233
DEFENDER FOR THE STATE OF

598
00:19:59,233 --> 00:20:01,567
LOUISIANA SO HE AND I ARE AT

599
00:20:01,567 --> 00:20:04,267
OPPOSITE ENDS OF A LAWSUIT.

600
00:20:04,267 --> 00:20:05,667
I'M NOT PRIVY TO THE BUDGET SO I

601
00:20:05,667 --> 00:20:06,933
CAN'T TELL YOU IF THE FUNDING IS

602
00:20:06,933 --> 00:20:08,767
A CRISIS, I CAN ONLY TELL YOU IT

603
00:20:08,767 --> 00:20:10,700
IS A CRISIS WHEN WE HAVE PEOPLE

604
00:20:10,700 --> 00:20:13,433
WHO HAVE A CONSTITUTIONAL RIGHT

605
00:20:13,433 --> 00:20:14,567
TO COUNSEL AND ARE NOT GETTING

606
00:20:14,567 --> 00:20:15,067
IT.

607
00:20:15,067 --> 00:20:16,733
THAT'S THE BASIS OF OUR LAWSUIT,

608
00:20:16,733 --> 00:20:18,433
THERE ARE PEOPLE SITTING IN JAIL

609
00:20:18,433 --> 00:20:20,433
BECAUSE DESPITE THEIR

610
00:20:20,433 --> 00:20:21,500
CONSTITUTIONAL RIGHT TO COUNSEL,

611
00:20:21,500 --> 00:20:23,367
THEY'RE NOT BEING ASSIGNED

612
00:20:23,367 --> 00:20:23,900
LAWYERS.

613
00:20:23,900 --> 00:20:25,967
THE PUBLIC DEFENDERS ARE SAYING,

614
00:20:25,967 --> 00:20:27,733
AND NERVE REASON TO DISBELIEVE

615
00:20:27,733 --> 00:20:29,500
THEM, THE REASON THEY CAN'T

616
00:20:29,500 --> 00:20:30,833
PROVIDE LAWYERS BECAUSE THEY

617
00:20:30,833 --> 00:20:32,367
DON'T HAVE THE MONEY.

618
00:20:32,367 --> 00:20:33,533
THE CONSTITUTIONAL CRISIS IS

619
00:20:33,533 --> 00:20:37,033
THAT PEOPLE WHO HAVE THE RIGHT

620
00:20:37,033 --> 00:20:38,500
TO COUNSEL DON'T HAVE COUNSEL.

621
00:20:38,500 --> 00:20:39,433
>> PETE , WHAT DO YOU SAY TO

622
00:20:39,433 --> 00:20:39,767
THAT?

623
00:20:39,767 --> 00:20:41,733
>> MUCH TO THE SHOCK OF MY

624
00:20:41,733 --> 00:20:43,500
MINUTES, I'M GOING AGREE WITH

625
00:20:43,500 --> 00:20:44,700
MARJORIE ON THIS ONE.

626
00:20:44,700 --> 00:20:47,033
I DON'T KNOW THE BUDGET FIGURES

627
00:20:47,033 --> 00:20:48,133
AND HOW ACCURATE THEY ARE.

628
00:20:48,133 --> 00:20:49,667
I KNOW FROM MY DISTRICT

629
00:20:49,667 --> 00:20:52,067
ATTORNEYS, AND I'M HERE JUST

630
00:20:52,067 --> 00:20:54,333
REPRESENTING THEM THAT THERE

631
00:20:54,333 --> 00:20:56,733
APPARENTLY IS A CRISIS BECAUSE

632
00:20:56,733 --> 00:20:58,600
DEFENDANTS ARE NOT BEING

633
00:20:58,600 --> 00:20:59,133
REPRESENTED.

634
00:20:59,133 --> 00:21:01,700
CASES ARE BEING STALLED.

635
00:21:01,700 --> 00:21:02,967
I QUESTION THE DEPTH OF THAT

636
00:21:02,967 --> 00:21:04,433
CRISIS AND SOME OF THE FACTS

637
00:21:04,433 --> 00:21:06,467
THAT ARE ALLEGED SUPPORTING IT,

638
00:21:06,467 --> 00:21:08,333
BUT APPARENTLY THERE IS A

639
00:21:08,333 --> 00:21:08,800
CRISIS.

640
00:21:08,800 --> 00:21:10,800
>> THE QUESTION IS, IS THE

641
00:21:10,800 --> 00:21:12,400
FUNDING THAT HAS BEEN PROVIDED

642
00:21:12,400 --> 00:21:15,300
FOR THEM, HAS THAT FUNDING, IS

643
00:21:15,300 --> 00:21:16,467
THAT FINALLY THE PROBLEM?

644
00:21:16,467 --> 00:21:18,367
OR IS IT A SPENDING PROBLEM?

645
00:21:18,367 --> 00:21:21,167
>> I DON'T KNOW THE ANSWER TO

646
00:21:21,167 --> 00:21:21,567
THAT.

647
00:21:21,567 --> 00:21:22,800
>> JAMES DIXON?

648
00:21:22,800 --> 00:21:29,167
>> YES, WE ARE IN THE MIDST OF A

649
00:21:29,167 --> 00:21:30,933
CRISIS, IT HAS BEEN BUILDING FOR

650
00:21:30,933 --> 00:21:31,300
YEARS.

651
00:21:31,300 --> 00:21:33,800
WE HAVE A DONE OUR BEST TO SEND

652
00:21:33,800 --> 00:21:35,033
ASSETS AND FUNDS TO THE

653
00:21:35,033 --> 00:21:37,600
DISTRICTS THAT NEED THE MOST,

654
00:21:37,600 --> 00:21:38,933
BUT WE HAVE GOTTEN TO THE POINT

655
00:21:38,933 --> 00:21:40,433
WE CAN NO LONGER HELP THE

656
00:21:40,433 --> 00:21:42,267
DISTRICTS THAT ARE, IN FACT, IN

657
00:21:42,267 --> 00:21:45,000
CRISIS AND THAT CRISIS IS

658
00:21:45,000 --> 00:21:45,533
SPREADING.

659
00:21:45,533 --> 00:21:47,100
WE HAD EIGHT DISTRICTS THAT WERE

660
00:21:47,100 --> 00:21:48,800
IN FISCAL CRISIS LAST YEAR.

661
00:21:48,800 --> 00:21:50,600
WE ARE NOW UP TO 13 AND WE

662
00:21:50,600 --> 00:21:51,700
EXPECT MORE COMING.

663
00:21:51,700 --> 00:21:54,867
SO IT IS A CRISIS THAT IS

664
00:21:54,867 --> 00:21:56,700
BUILDING AND IS SPREADING

665
00:21:56,700 --> 00:21:58,500
THROUGHOUT THE STATE.

666
00:21:58,500 --> 00:22:01,767
>> DAN CLAITOR, YOU ARE THE ONE

667
00:22:01,767 --> 00:22:03,100
WITH THE PURSE STRINGS HERE.

668
00:22:03,100 --> 00:22:04,733
WHAT IS THE LEGISLATURE'S HAND

669
00:22:04,733 --> 00:22:05,267
IN THIS?

670
00:22:05,267 --> 00:22:07,367
>> CERTAINLY WE ARE IN A CRISIS,

671
00:22:07,367 --> 00:22:09,100
AS FAR AS THE FUNDING AND IT IS

672
00:22:09,100 --> 00:22:10,733
NOT JUST FOR THE PUBLIC

673
00:22:10,733 --> 00:22:12,400
DEFENDER, IT IS FOR THE DA, IT

674
00:22:12,400 --> 00:22:14,567
IS FOR THE POLICE, STATE POLICE,

675
00:22:14,567 --> 00:22:15,867
IT IS FOR EVERYBODY IN OUR

676
00:22:15,867 --> 00:22:16,400
STATE.

677
00:22:16,400 --> 00:22:18,533
WE'VE GOT SOME SERIOUS FINANCIAL

678
00:22:18,533 --> 00:22:19,633
DIFFICULTIES OF THE.

679
00:22:19,633 --> 00:22:21,467
WE'RE COMING UP $2 BILLION SHORT

680
00:22:21,467 --> 00:22:22,767
IN NEXT YEAR'S BUDGET.

681
00:22:22,767 --> 00:22:25,000
ARE WE GOING TO FIND AN ANSWER?

682
00:22:25,000 --> 00:22:26,433
I THINK ULTIMATELY, WE WILL.

683
00:22:26,433 --> 00:22:28,367
IT IS NOT JUST ABOUT

684
00:22:28,367 --> 00:22:30,733
REPRESENTATION, PER SE, IT IS

685
00:22:30,733 --> 00:22:32,000
LET'S ABOUT SPEEDY TRIAL AND

686
00:22:32,000 --> 00:22:33,433
THAT'S NOT JUST THE DEFENDANT'S

687
00:22:33,433 --> 00:22:34,833
RIGHT BUT I WOULD SAY ALSO THE

688
00:22:34,833 --> 00:22:36,967
VICTIM AND THE PUBLIC IS ALSO

689
00:22:36,967 --> 00:22:38,733
INTERESTED IN HAVING A SPEEDY

690
00:22:38,733 --> 00:22:40,733
TRIAL, AS WELL SO YES, THERE IS

691
00:22:40,733 --> 00:22:41,533
A MONEY PROBLEM.

692
00:22:41,533 --> 00:22:43,733
>> AND ONE OF OUR AUDIENCE

693
00:22:43,733 --> 00:22:46,500
MEMBERS WITH THE LOUISIANA

694
00:22:46,500 --> 00:22:48,567
LEGISLATIVE YOUTH ADVISORY

695
00:22:48,567 --> 00:22:50,467
COUNCIL IS ASKING, HOW LONG IS A

696
00:22:50,467 --> 00:22:52,800
PERSON ALLOWED TO BE IN JAIL

697
00:22:52,800 --> 00:22:55,300
BEFORE THEY GO TO TRIAL?

698
00:22:55,300 --> 00:22:56,733
BEFORE THEIR CONSTITUTIONAL

699
00:22:56,733 --> 00:22:58,900
RIGHTS ARE VIOLATED?

700
00:22:58,900 --> 00:23:01,333
MARJORIE, WHAT'S THE BASELINE?

701
00:23:01,333 --> 00:23:04,067
>> WELL, I WOULD ACTUALLY DEFER

702
00:23:04,067 --> 00:23:05,667
TO JAY HERE, WHO KNOWS THE

703
00:23:05,667 --> 00:23:11,733
CRIMINAL CODE BETTER THAN I DO.

704
00:23:11,733 --> 00:23:13,467
OAK GIVE YOU THE NUMBER THAT I

705
00:23:13,467 --> 00:23:14,267
CAN'T GIVE YOU.

706
00:23:14,267 --> 00:23:16,833
I WILL TELL I BECAUSE THERE IS A

707
00:23:16,833 --> 00:23:18,467
CONSTITUTIONAL RIGHT TO A SPEEDY

708
00:23:18,467 --> 00:23:20,367
TRIAL WE CAN'T KEEP PEOPLE

709
00:23:20,367 --> 00:23:23,400
LOCKED UP FOR NO REASON OTHER

710
00:23:23,400 --> 00:23:25,933
THAN WE CAN'T PROVIDE THEM A

711
00:23:25,933 --> 00:23:26,333
LAWYER.

712
00:23:26,333 --> 00:23:30,100
PEOPLE ARE ENTITLED TO A BAIL

713
00:23:30,100 --> 00:23:31,333
HEARING AND PROCEDURAL THINGS

714
00:23:31,333 --> 00:23:33,033
AND NONE OF THAT CAN HAPPEN IF

715
00:23:33,033 --> 00:23:34,533
SOMEBODY WANT AS LAWYER AND

716
00:23:34,533 --> 00:23:35,467
CAN'T HAVE ONE.

717
00:23:35,467 --> 00:23:37,433
SO IT IS MORE THAN JUST A NUMBER

718
00:23:37,433 --> 00:23:39,333
OF DAYS BEFORE THE TRIAL, IT IS

719
00:23:39,333 --> 00:23:41,033
WHAT HAPPENS LONG BEFORE THE

720
00:23:41,033 --> 00:23:41,733
TRIAL BEGINS.

721
00:23:41,733 --> 00:23:43,467
>> WHAT IS THE ACTUAL FIGURE, OR

722
00:23:43,467 --> 00:23:44,067
IS THERE?

723
00:23:44,067 --> 00:23:46,167
>> THAT'S WHERE IT GETS TRICKY.

724
00:23:46,167 --> 00:23:48,733
THERE IS A TRIGGER MECHANISM

725
00:23:48,733 --> 00:23:50,433
THAT WILL BEGIN YOUR SPEEDY

726
00:23:50,433 --> 00:23:52,133
TRIAL RIGHTS.

727
00:23:52,133 --> 00:23:55,433
IT REQUIRES A MOTION TO ACTUALLY

728
00:23:55,433 --> 00:23:57,200
ASSERT THAT LIGHT, STATUTORILY.

729
00:23:57,200 --> 00:23:58,767
WHAT HAVE YOU ARE PEOPLE WITHOUT

730
00:23:58,767 --> 00:24:01,767
REPRESENTATION AND NO WAY TO

731
00:24:01,767 --> 00:24:07,500
STATUTORILY TRIG THEY'RE RIGHT, TRIGGER

732
00:24:07,500 --> 00:24:09,233
SO YOU THIS FOLKS IN JAIL WHO

733
00:24:09,233 --> 00:24:12,133
ARE SIMPLY LANGUISHING AND THEY

734
00:24:12,133 --> 00:24:13,900
CAN'T ASSERT THAT RIGHT IN ANY

735
00:24:13,900 --> 00:24:15,167
MEANINGFUL WAY, THEY DON'T HAVE

736
00:24:15,167 --> 00:24:16,767
A LAWYER TO ASSERT THAT RIGHT IN

737
00:24:16,767 --> 00:24:18,300
ANY MEANINGFUL WAY, SO THE

738
00:24:18,300 --> 00:24:19,933
QUESTION IS WHEN DOES THAT

739
00:24:19,933 --> 00:24:21,833
ACTUALLY TRIGGER THEIR RIGHT TO

740
00:24:21,833 --> 00:24:22,967
A SPEEDY TRIAL.

741
00:24:22,967 --> 00:24:24,133
WHAT I WOULD SUGGEST IS THE FACT

742
00:24:24,133 --> 00:24:26,067
THAT THEY ARE IN JAIL AND

743
00:24:26,067 --> 00:24:27,600
UNREPRESENTED HAS TRIGGERED THAT

744
00:24:27,600 --> 00:24:28,000
ALREADY.

745
00:24:28,000 --> 00:24:30,900
>> AS A TACKLE MATTER, ARTICLE

746
00:24:30,900 --> 00:24:32,167
701, WHICH IS THE TRIGGER THAT

747
00:24:32,167 --> 00:24:35,667
DAVE IS TAKING ABOUT, JAILHOUSE

748
00:24:35,667 --> 00:24:37,200
LAWYERS FIGURE THAT OUT AFTER A

749
00:24:37,200 --> 00:24:38,700
PERIOD OF TIME AND START FILING

750
00:24:38,700 --> 00:24:40,667
THE MOTIONS THEMSELVES DIRECTLY.

751
00:24:40,667 --> 00:24:43,133
WE SAW ISSUES WITH THIS AS IT

752
00:24:43,133 --> 00:24:44,100
RELATED TO KATRINA AND PEOPLE

753
00:24:44,100 --> 00:24:46,233
WERE LANGUAGE WISHING IN JAIL

754
00:24:46,233 --> 00:24:48,500
AND NONE WANTS INNOCENT PEOPLE

755
00:24:48,500 --> 00:24:49,867
TO SIT?

756
00:24:49,867 --> 00:24:51,733
JAIL AND WE DON'T WANT PEOPLE

757
00:24:51,733 --> 00:24:53,367
THAT DON'T PRESENT A DANGER TO

758
00:24:53,367 --> 00:24:53,733
SIT?

759
00:24:53,733 --> 00:24:55,367
JAIL BUT IT IS A SYMPTOM OF THE

760
00:24:55,367 --> 00:24:56,767
MONEY CRISIS WE'RE TALKING

761
00:24:56,767 --> 00:24:57,100
ABOUT.

762
00:24:57,100 --> 00:24:58,533
>> I WAS GOING TO SAY, PEOPLE DO

763
00:24:58,533 --> 00:24:59,967
FALL THROUGH THE CRACKS AND THEY

764
00:24:59,967 --> 00:25:12,533
ARE SITTING IN JAIL WITH THEIR

765
00:25:12,533 --> 00:25:14,333
REPRESENTATION IT IS A MESS QUIZ

766
00:25:14,333 --> 00:25:14,833
SYSTEM.

767
00:25:14,833 --> 00:25:15,967
YOU HAVE YOUR CONSTITUTIONAL

768
00:25:15,967 --> 00:25:18,667
RIGHTS TO A LAWYER AND WE DO DO

769
00:25:18,667 --> 00:25:27,933
BETTER BUT IT FILTERS OUT TO THE

770
00:25:27,933 --> 00:25:29,433
JAILHOUSE WE DON'T LIKE THAT BUT

771
00:25:29,433 --> 00:25:29,967
IT HAPPENS.

772
00:25:29,967 --> 00:25:31,333
>> THERE ARE PEOPLE WHO LACK THE

773
00:25:31,333 --> 00:25:34,267
CAPACITY TO FILE THEIR OWN

774
00:25:34,267 --> 00:25:34,967
MOTIONS FORLORN REASON OR

775
00:25:34,967 --> 00:25:36,067
ANOTHER AND THE REASONS ARE MANY

776
00:25:36,067 --> 00:25:38,367
AND VARIED BUT NOT EVERYBODY HAS

777
00:25:38,367 --> 00:25:40,867
THE CAPACITY TO FILE A NOTION

778
00:25:40,867 --> 00:25:45,767
PROPER PERSON.

779
00:25:45,767 --> 00:25:48,300
BUT, ALSO THE ARONNIE IS AS

780
00:25:48,300 --> 00:25:51,267
PEOPLE -- IRONY IS AS PEOPLE

781
00:25:51,267 --> 00:25:53,067
LANGUISH JAIL, THAT IS COSTING

782
00:25:53,067 --> 00:25:55,100
THE TAXPAYER MONEY.

783
00:25:55,100 --> 00:25:57,033
WE'RE NOT PAYING THE LAWYERS TO

784
00:25:57,033 --> 00:25:58,333
MOVE IT FORWARD AND GET THE

785
00:25:58,333 --> 00:25:59,800
PEOPLE OUT OF JAIL, SO THE MONEY

786
00:25:59,800 --> 00:26:02,467
IS BEING SPENT ANYWAY SO TO GO

787
00:26:02,467 --> 00:26:04,533
BACK TO ASKING PRIVATE ATTORNEYS

788
00:26:04,533 --> 00:26:07,467
TO DO PRO BONO CASES, I'M NOW

789
00:26:07,467 --> 00:26:09,033
SAYING GET AN INSURANCE LAWYER

790
00:26:09,033 --> 00:26:10,800
TO DO CRIMINAL DEFENSE, BUT

791
00:26:10,800 --> 00:26:12,233
SOMEBODY IN CRIMINAL DEFENSE CAN

792
00:26:12,233 --> 00:26:14,300
THEY NOT BE ASKED TO HELP OUT?

793
00:26:14,300 --> 00:26:16,467
THEY HAVE THE EXPERTISE.

794
00:26:16,467 --> 00:26:18,667
CAN THEY AND SHOULD THEY?

795
00:26:18,667 --> 00:26:20,467
>> SO, IT IS A DUTY OF EVERY

796
00:26:20,467 --> 00:26:24,533
LAWYER TO PROVIDE PRO BONO

797
00:26:24,533 --> 00:26:25,100
REPRESENTATION.

798
00:26:25,100 --> 00:26:25,867
OUR TURN IS THIS.

799
00:26:25,867 --> 00:26:27,933
THERE COME AS POINT WHEN IT IS

800
00:26:27,933 --> 00:26:30,867
NO LONGER PRO BONO

801
00:26:30,867 --> 00:26:32,133
REPRESENTATION, AND WHAT IS

802
00:26:32,133 --> 00:26:34,100
BEING FORCED UPON THE PRIVATE

803
00:26:34,100 --> 00:26:37,267
BAR IS THE STATE DUTY TO PROVIDE

804
00:26:37,267 --> 00:26:43,267
A

805
00:26:43,267 --> 00:26:44,133
DEFENSE.

806
00:26:44,133 --> 00:26:46,833
IT IS SO WIDESPREAD IN SOME

807
00:26:46,833 --> 00:26:49,800
INSTANCES IT IS NOT A PROBONE

808
00:26:49,800 --> 00:26:53,133
KNOWN               PRO BONO

809
00:26:53,133 --> 00:26:54,467
CASE ANY MORE.

810
00:26:54,467 --> 00:26:59,633
>> AND IT SETS UP INEFFECTIVE

811
00:26:59,633 --> 00:27:01,233
COUNSEL CLAIM BECAUSE WE'RE NOT

812
00:27:01,233 --> 00:27:03,700
PROVIDING APPROPRIATE COUNSEL AT

813
00:27:03,700 --> 00:27:04,600
THAT POINT.

814
00:27:04,600 --> 00:27:05,833
I THINK EVERYBODY THAT HAS BEEN

815
00:27:05,833 --> 00:27:09,400
A LAWYER IN THE CRIMINAL COURT

816
00:27:09,400 --> 00:27:11,400
HAS HAS BEEN APPOINTED ALONG THE

817
00:27:11,400 --> 00:27:11,733
WAY.

818
00:27:11,733 --> 00:27:14,400
I DIDN'T TURN IN A BILL FOR MY

819
00:27:14,400 --> 00:27:15,533
REPRESENTATION BUT THAT'S NOT

820
00:27:15,533 --> 00:27:17,033
THE IDEAL WAY TO DO IT.

821
00:27:17,033 --> 00:27:19,233
>> FROM THE AUDIENCE, WE HAVE

822
00:27:19,233 --> 00:27:21,267
WILLIAMS WITH THE LSU HONORS

823
00:27:21,267 --> 00:27:21,900
COLLEGE.

824
00:27:21,900 --> 00:27:22,967
HE HAS QUESTION ABOUT FUNDING

825
00:27:22,967 --> 00:27:24,667
FOR REGULAR PUBLIC DEFENDERS AND

826
00:27:24,667 --> 00:27:27,567
THEN FUNDING FOR THOSE WHO ACT

827
00:27:27,567 --> 00:27:28,833
IN CAPITAL CASES WHERE EXECUTION

828
00:27:28,833 --> 00:27:30,133
IS ON THE TABLE.

829
00:27:30,133 --> 00:27:30,567
WILLIAM?

830
00:27:30,567 --> 00:27:32,200
>> GIVEN THAT WE'RE SEEING A

831
00:27:32,200 --> 00:27:34,400
BUDGET CUT DOWN TO ABOUT A THIRD

832
00:27:34,400 --> 00:27:36,533
OR LESS OR AROUND FRACTIONS OF

833
00:27:36,533 --> 00:27:38,500
THE NORMAL BUDGET THAT WE SEE

834
00:27:38,500 --> 00:27:40,400
FOR PUBLIC DEFENDERS AND WE SEE

835
00:27:40,400 --> 00:27:43,433
ON A GIVEN YEAR AROUND 33

836
00:27:43,433 --> 00:27:45,433
MILLION, THAT WAS PROJECTED FOR

837
00:27:45,433 --> 00:27:46,767
THE NORMAL AVERAGE BUDGET FOR

838
00:27:46,767 --> 00:27:49,400
PUBLIC DEFENDERS AND A THIRD ON

839
00:27:49,400 --> 00:27:54,067
CAPITAL CRIMES, HOW DO WE SEAT

840
00:27:54,067 --> 00:27:55,600
FRACTIONALIZATION OF THE BUDGET

841
00:27:55,600 --> 00:27:57,067
TAKING UP THE CROWN SHARE,

842
00:27:57,067 --> 00:27:58,833
WHAT'S BEING DONE ABOUT THE

843
00:27:58,833 --> 00:28:00,233
CAPITAL CRIMES WITH THIS BUDGET

844
00:28:00,233 --> 00:28:00,633
CRISIS.

845
00:28:00,633 --> 00:28:03,033
>> I WOULD LIKE TO WEIGH IN ON

846
00:28:03,033 --> 00:28:03,367
THAT.

847
00:28:03,367 --> 00:28:06,000
I THINK YOU BRING UP AN

848
00:28:06,000 --> 00:28:07,200
EXCELLENT QUESTION.

849
00:28:07,200 --> 00:28:09,733
MY FIRST POINT IS THAT THE

850
00:28:09,733 --> 00:28:11,000
CRISIS DOESN'T ADD UP.

851
00:28:11,000 --> 00:28:13,233
FIRST OF ALL, THE PROPOSED

852
00:28:13,233 --> 00:28:15,667
BUDGET CUTS TO PUBLIC DEFENDERS,

853
00:28:15,667 --> 00:28:17,600
WE HAD A 50% BUDGET CUT PROPOSED

854
00:28:17,600 --> 00:28:19,100
FOR DISTRICT ATTORNEYS BUT WE'RE

855
00:28:19,100 --> 00:28:21,333
NOT SHUTTING DOWN TRIALS AND

856
00:28:21,333 --> 00:28:22,600
LAYING OFF PEOPLE THAT BUDGET

857
00:28:22,600 --> 00:28:24,633
STARTS ON JULY 1 AND WE'RE

858
00:28:24,633 --> 00:28:26,067
GETTING REACTION NOW AND NOW

859
00:28:26,067 --> 00:28:28,067
EVERYBODY IS BEING TOLD THAT

860
00:28:28,067 --> 00:28:29,433
PUBLIC DEFENDERS HAVE BEEN CUT

861
00:28:29,433 --> 00:28:32,567
OR ARE BEING CUT 12 TO 12.5.

862
00:28:32,567 --> 00:28:34,133
THAT'S NOT A FACT.

863
00:28:34,133 --> 00:28:36,500
SECOND POINT IS, WHEN THIS ALL

864
00:28:36,500 --> 00:28:38,800
BEGAN, THE BOARD BEGAN TO

865
00:28:38,800 --> 00:28:41,733
OPERATE IN 2007, THE SYSTEM WAS

866
00:28:41,733 --> 00:28:42,233
FUNCTIONING.

867
00:28:42,233 --> 00:28:43,600
IT WAS NOT FUNCTIONING WELL.

868
00:28:43,600 --> 00:28:45,967
THE STATE PROVIDED ABOUT $7

869
00:28:45,967 --> 00:28:47,700
MILLION TO THE BOARD AND THE

870
00:28:47,700 --> 00:28:50,400
LOCALS GENERATED ABOUT 35, $40

871
00:28:50,400 --> 00:28:53,500
MILLION LOCALLY.

872
00:28:53,500 --> 00:28:55,633
NOW THE BUDGET IS INCREASED TO

873
00:28:55,633 --> 00:28:57,867
33 MILLION FOR THE PAST SO

874
00:28:57,867 --> 00:28:59,367
YEARS, THEY SPENT ALL THE

875
00:28:59,367 --> 00:29:01,033
RESERVES THAT EVERY PUBLIC

876
00:29:01,033 --> 00:29:03,933
DEFENDER OFFICE HAD AND MANY HAD

877
00:29:03,933 --> 00:29:05,533
$800,000.

878
00:29:05,533 --> 00:29:06,900
$1.2 MILLION RESERVED.

879
00:29:06,900 --> 00:29:08,267
THEY PLAN THROUGH ALL THAT MONEY

880
00:29:08,267 --> 00:29:10,567
WITH ABOUT $90 MILLION ON DAPT

881
00:29:10,567 --> 00:29:12,400
CASES AND WE'RE OUT OF MONEY AND

882
00:29:12,400 --> 00:29:13,800
CAN'T PROSECUTE CASES.

883
00:29:13,800 --> 00:29:15,267
THAT DOESN'T ADD UP.

884
00:29:15,267 --> 00:29:16,633
I DON'T KNOW WHAT THE ANSWER IS.

885
00:29:16,633 --> 00:29:17,933
THAT DOESN'T ADD UP.

886
00:29:17,933 --> 00:29:19,567
ALL I'M TELLING YOU I DON'T

887
00:29:19,567 --> 00:29:22,367
BELIEVE THEY'RE GOING TO BE CUT

888
00:29:22,367 --> 00:29:23,733
TO 12.5 MILLION AND, YES,

889
00:29:23,733 --> 00:29:26,633
SOMETHING NEEDS TO BE DONE ABOUT

890
00:29:26,633 --> 00:29:27,300
CAPITAL SPENDING.

891
00:29:27,300 --> 00:29:29,700
>> SENATOR CLAITOR, YOU HAVE A

892
00:29:29,700 --> 00:29:31,267
HAND ON THE FINANCE ISSUE.

893
00:29:31,267 --> 00:29:33,500
>> YES, WE WANT TO HAVE AN

894
00:29:33,500 --> 00:29:35,367
APPROPRIATE LEVEL OF FUNDING.

895
00:29:35,367 --> 00:29:37,467
EVERYBODY ACCEPTED A CUT BUT I'M

896
00:29:37,467 --> 00:29:39,333
WORKING WITH OTHER LEGISLATORS

897
00:29:39,333 --> 00:29:40,867
TO SEE WHAT OTHER FUNDING

898
00:29:40,867 --> 00:29:44,000
SOURCES WE CAN FIND THERE, ONE

899
00:29:44,000 --> 00:29:47,833
OF WHICH MY DA AND I ARE LOOKING

900
00:29:47,833 --> 00:29:49,633
FORWARD TO HAVING A DISCUSSION.

901
00:29:49,633 --> 00:29:50,867
I'M NOT SAYING THIS IS THE

902
00:29:50,867 --> 00:29:52,267
SOURCE OF ALL OUR PROBLEMS BUT

903
00:29:52,267 --> 00:29:55,633
THE DA'S OFFICE ACROSS THE STATE

904
00:29:55,633 --> 00:29:56,933
PROVIDES AVERSION PROGRAMS.

905
00:29:56,933 --> 00:29:57,933
THAT IS GREAT.

906
00:29:57,933 --> 00:29:59,767
A YOUNG GUY LIKE YOURSELF MAKES

907
00:29:59,767 --> 00:30:01,600
A DUMB MISTAKE AND INSTEAD OF

908
00:30:01,600 --> 00:30:04,433
PAYING IT FOREVER, YOU'RE GIVEN

909
00:30:04,433 --> 00:30:06,567
AN OPPORTUNITY TO TERN OFF YOUR

910
00:30:06,567 --> 00:30:07,033
RECORD.

911
00:30:07,033 --> 00:30:09,100
-- TO EARN IT OFF YOUR RECORD.

912
00:30:09,100 --> 00:30:10,867
THE DA FINANCES THE MAJORITY OF

913
00:30:10,867 --> 00:30:13,000
THAT AND FOR THE MOST PART NO

914
00:30:13,000 --> 00:30:15,733
MONEY IS DEDICATED TO THE PUBLIC

915
00:30:15,733 --> 00:30:16,667
DEFENDER'S OFFICE.

916
00:30:16,667 --> 00:30:18,133
WE'RE WORKING ON A BILL THAT

917
00:30:18,133 --> 00:30:19,533
WOULD PUT SOME OF THE MONEY THAT

918
00:30:19,533 --> 00:30:21,700
WOULD GO FROM A DIVERSION

919
00:30:21,700 --> 00:30:22,933
PROGRAM INTO THE PUBLIC

920
00:30:22,933 --> 00:30:23,800
DEFENDERS OFFICE.

921
00:30:23,800 --> 00:30:26,033
WE NEED COOPERATION AND YOU CAN

922
00:30:26,033 --> 00:30:27,767
CERTAINLY UNDERSTAND THE DA

923
00:30:27,767 --> 00:30:29,233
GOING WHY AM I FUNDING THE

924
00:30:29,233 --> 00:30:30,733
PUBLIC DEFENDERS OFFICE.

925
00:30:30,733 --> 00:30:32,533
THAT IS NOT PART OF MY CHARGE.

926
00:30:32,533 --> 00:30:33,967
WE'VE GOT A DIFFICULT SITUATION

927
00:30:33,967 --> 00:30:35,133
AND WE'RE LOOKING FOR

928
00:30:35,133 --> 00:30:36,567
COOPERATION FROM A LOT OF

929
00:30:36,567 --> 00:30:38,467
DIFFERENT FOLKS BUT CERTAINLY

930
00:30:38,467 --> 00:30:39,800
CAPITAL CRIME IS IMPORTANT BUT

931
00:30:39,800 --> 00:30:42,933
IN LOUISIANA, IF YOU POLE IT,

932
00:30:42,933 --> 00:30:46,100
NOT SAYING YOU SHOULD GOVERN BY

933
00:30:46,100 --> 00:30:47,900
POLL ALONE, PEOPLE LIKE THEIR

934
00:30:47,900 --> 00:30:49,833
DEATH PENALTY IN LOUISIANA AND

935
00:30:49,833 --> 00:30:51,333
THEY'RE NOT GOING TO GIVE IT UP

936
00:30:51,333 --> 00:30:54,667
BUT WE'RE NOT SAYING USE IT

937
00:30:54,667 --> 00:30:56,467
WILLIE NILLY, EITHER.

938
00:30:56,467 --> 00:30:58,667
ONLY IN THE MOST DRASTIC OF

939
00:30:58,667 --> 00:31:06,867
CIRCUMSTANCES.

940
00:31:06,867 --> 00:31:08,867
>> I WASN'TED TO ADDRESS ABOUT

941
00:31:08,867 --> 00:31:11,767
HOW REAL THE BUDGET CRISIS IS.

942
00:31:11,767 --> 00:31:13,600
SPEAKING FOR ONLY THE 15th

943
00:31:13,600 --> 00:31:15,200
JUDICIAL DISTRICT, OUR RECORDS

944
00:31:15,200 --> 00:31:17,200
ARE COMPLETELY OPEN SO ANYONE

945
00:31:17,200 --> 00:31:19,567
HAS ACCESS TO THE PUBLIC

946
00:31:19,567 --> 00:31:20,800
DEFENDER'S BUDGET GOING BACK

947
00:31:20,800 --> 00:31:21,633
SEVERAL YEARS SO ANYONE IS

948
00:31:21,633 --> 00:31:23,933
WELCOME TO TAKE A LOOK AT THAT.

949
00:31:23,933 --> 00:31:26,267
FURTHERMORE, THE CUTS WE

950
00:31:26,267 --> 00:31:29,867
EXPERIENCES ARE NOT BASED ON A

951
00:31:29,867 --> 00:31:32,900
PROJECTION BUDGET NEXT YEAR BUT

952
00:31:32,900 --> 00:31:34,000
A $600,000 SHORT FALL THIS YEAR.

953
00:31:34,000 --> 00:31:35,600
IT IS EASY TO KIND OF GET LOST

954
00:31:35,600 --> 00:31:37,367
IN THE NUMBERS AND THE BOTTOM

955
00:31:37,367 --> 00:31:40,000
LINE BUT THE REALITY IS OUR

956
00:31:40,000 --> 00:31:42,867
OFFICE HAS LOST 37 OUT OF 52

957
00:31:42,867 --> 00:31:44,333
LAWYERS IN THE PAST TWO MONTHS,

958
00:31:44,333 --> 00:31:45,967
AND ALL REMAINING LAWYERS HAVE

959
00:31:45,967 --> 00:31:49,300
TAKEN A 20% SALARY CUT JUST SO

960
00:31:49,300 --> 00:31:50,733
WE COULD KEEP MORE PEOPLE ON

961
00:31:50,733 --> 00:31:53,267
STAFF TO SERVE MORE CLIENTS.

962
00:31:53,267 --> 00:31:55,033
SO, YOU KNOW, THAT'S REALLY THE

963
00:31:55,033 --> 00:31:56,800
HUMAN IMPACT OF THIS.

964
00:31:56,800 --> 00:31:59,467
SO, YOU KNOW, IT'S DIFFICULT TO

965
00:31:59,467 --> 00:32:02,167
HAVE THESE KIND OF ALLEGATIONS

966
00:32:02,167 --> 00:32:03,633
TOSSED AROUND THAT THIS CRISIS

967
00:32:03,633 --> 00:32:07,167
IS BEING BLOWN UP OR IT IS BEING

968
00:32:07,167 --> 00:32:08,333
EXAGGERATED WHEN WE FEEL VERY,

969
00:32:08,333 --> 00:32:13,600
YOU KNOW, PERSONAL -- THERE IS A

970
00:32:13,600 --> 00:32:14,933
I HAVE PERSONAL ELEMENT NEAR

971
00:32:14,933 --> 00:32:18,000
WHAT I SEE DAY IN AND DAY OUT

972
00:32:18,000 --> 00:32:19,667
FROM MY COLLEAGUES AS DEDICATION

973
00:32:19,667 --> 00:32:21,467
OF THIS WORK AND LITTLE TO NO

974
00:32:21,467 --> 00:32:23,700
MONEY JUST SO WE CAN SERVE MORE

975
00:32:23,700 --> 00:32:24,700
CLIENT INTO LET ME JUST SAY, IF

976
00:32:24,700 --> 00:32:27,167
THE PUBLIC DEFENDERS NEED 75

977
00:32:27,167 --> 00:32:29,700
MILLION, THE DAs WOULD SUPPORT

978
00:32:29,700 --> 00:32:31,400
75 MILLION, BUT THE NUMBERS JUST

979
00:32:31,400 --> 00:32:32,400
DON'T ADD UP.

980
00:32:32,400 --> 00:32:34,033
WHAT HAPPENED TO ALL THAT MONEY?

981
00:32:34,033 --> 00:32:37,933
>> TOM, CAN YOU ADD TO THAT?

982
00:32:37,933 --> 00:32:40,667
>> IN CATTLE PARRISH, WHERE I'M

983
00:32:40,667 --> 00:32:42,567
FROM, WE ARE PRIVATE LAWYERS ARE

984
00:32:42,567 --> 00:32:44,867
BEING APPOINTED AND WE'VE NOW

985
00:32:44,867 --> 00:32:46,967
LOST SO MANY PUBLIC DEFENDERS

986
00:32:46,967 --> 00:32:48,767
THAT NOW LAWYERS ARE GETTING

987
00:32:48,767 --> 00:32:51,333
THEIR SECOND, THIRD, FOURTH,

988
00:32:51,333 --> 00:32:52,767
FIFTH APPOINTMENTS.

989
00:32:52,767 --> 00:32:55,467
REAL ESTATE LAWYERS ARE BEING

990
00:32:55,467 --> 00:32:57,233
APPOINTED TO REPRESENT PERSONS

991
00:32:57,233 --> 00:32:58,900
ACCUSED OF FELONIES.

992
00:32:58,900 --> 00:33:01,867
THEY'VE NEVER EVEN TRIED A CASE,

993
00:33:01,867 --> 00:33:03,100
MUCH LET'S CRIMINAL CASE, AND

994
00:33:03,100 --> 00:33:05,633
THESE ARE VERY SERIOUS ISSUES.

995
00:33:05,633 --> 00:33:11,667
WE COULD TAKE UP THE ISSUE ABOUT

996
00:33:11,667 --> 00:33:14,367
WHETHER OR NOT LAWYERS OUGHT DO

997
00:33:14,367 --> 00:33:15,167
PRO BONO WORK.

998
00:33:15,167 --> 00:33:16,333
WE ALL DO.

999
00:33:16,333 --> 00:33:17,500
BUT WE WOULD KIND OF LIKE TO

1000
00:33:17,500 --> 00:33:19,400
CHOOSE THE KIND OF PRO BONO WORK

1001
00:33:19,400 --> 00:33:22,667
THAT WE DO THAT WE'RE ACTUALLY

1002
00:33:22,667 --> 00:33:24,600
QUALIFIED FOR, AND THE SECOND

1003
00:33:24,600 --> 00:33:28,733
THING IS THAT THE LOUISIANA

1004
00:33:28,733 --> 00:33:31,167
CONSTITUTION IN ITS DECLARATION

1005
00:33:31,167 --> 00:33:33,067
OF RIGHTS, HAS THE STRONGEST

1006
00:33:33,067 --> 00:33:36,067
RIGHT TO COUNCIL WHICH I'M AWARE

1007
00:33:36,067 --> 00:33:38,133
AND IT SPECIFICALLY SAYS THE

1008
00:33:38,133 --> 00:33:46,067
LEGISLATURE SHALL PROVIDE FOR A

1009
00:33:46,067 --> 00:33:46,867
UNIFORM

1010
00:33:46,867 --> 00:33:49,067
SYSTEM OF PROVIDING

1011
00:33:49,067 --> 00:33:52,200
QUALIFIED COUNCIL.

1012
00:33:52,200 --> 00:33:57,300
LAWYERS SHOULD BE, PLY PRIVATE PRIVATE

1013
00:33:57,300 --> 00:34:02,867
LAWYERS, SHOULD BE COMPENSATED.

1014
00:34:02,867 --> 00:34:04,000
HAVING EXPERIENCED PUBLIC

1015
00:34:04,000 --> 00:34:07,767
LAWYERS IS A MUCH MORE EFFICIENT

1016
00:34:07,767 --> 00:34:09,867
WAY THAN PRIVATE LAWYERS AND

1017
00:34:09,867 --> 00:34:11,100
COMPENSATING THOSE PRIVATE

1018
00:34:11,100 --> 00:34:11,533
LAWYERS.

1019
00:34:11,533 --> 00:34:13,000
>> GO BACK TO THE FUNDING

1020
00:34:13,000 --> 00:34:13,900
SITUATION BEFORE THAT.

1021
00:34:13,900 --> 00:34:15,400
YOU HAVE A QUESTION FOR THE

1022
00:34:15,400 --> 00:34:16,367
PANEL, DON'T YOU?

1023
00:34:16,367 --> 00:34:17,667
>> YES.

1024
00:34:17,667 --> 00:34:20,167
I WAS WONDERING HOW FEASIBLE IT

1025
00:34:20,167 --> 00:34:22,333
IS FOR US TO SWITCH FROM THAT

1026
00:34:22,333 --> 00:34:25,367
USER PAY SYSTEM IN THE NEAR

1027
00:34:25,367 --> 00:34:27,333
FUTURE AND THAT'S JUST A GENERAL

1028
00:34:27,333 --> 00:34:28,567
QUESTION FOR ALL OF YOU.

1029
00:34:28,567 --> 00:34:30,533
>> MARJORIE, WHAT'S THE BEST WAY

1030
00:34:30,533 --> 00:34:31,533
TO FUND?

1031
00:34:31,533 --> 00:34:33,500
>> WELL, THERE ARE A LOT OF WAYS

1032
00:34:33,500 --> 00:34:34,667
TO FUND.

1033
00:34:34,667 --> 00:34:36,233
ULTIMATELY, IT DOES FALL ON THE

1034
00:34:36,233 --> 00:34:38,400
LEGISLATURE TO COME UP WITH A

1035
00:34:38,400 --> 00:34:40,133
MECHANISM THAT IS ADEQUATE, FAIR

1036
00:34:40,133 --> 00:34:42,167
AND SUSTAINABLE.

1037
00:34:42,167 --> 00:34:44,767
YOU KNOW, WHETHER OR NOT THE

1038
00:34:44,767 --> 00:34:48,000
DISTRICT ATTORNEYS HAVE ALSO

1039
00:34:48,000 --> 00:34:50,367
SEEN BUDGET CUTS THAT MAY BE THE

1040
00:34:50,367 --> 00:34:51,767
CASE, BUT IT IS ALSO THE CASE

1041
00:34:51,767 --> 00:34:53,633
THE DISTRICT ATTORNEYS ARE

1042
00:34:53,633 --> 00:34:56,700
FUNDED THROUGH A UNIFORM,

1043
00:34:56,700 --> 00:34:57,933
SUSTAINABLE MECHANISM.

1044
00:34:57,933 --> 00:34:59,933
PUBLIC DEFENDERS ARE NOT FUNDED

1045
00:34:59,933 --> 00:35:02,200
THAT WAY AND THE USER PAY SYSTEM

1046
00:35:02,200 --> 00:35:04,333
ESSENTIALLY PUTS A LOT OF PUBLIC

1047
00:35:04,333 --> 00:35:05,767
DEFENDERS IN A CONFLICT

1048
00:35:05,767 --> 00:35:07,833
SITUATION BECAUSE THEY ONLY GET

1049
00:35:07,833 --> 00:35:10,300
PAID, ESSENTIALLY FORECAST THEIR

1050
00:35:10,300 --> 00:35:12,033
CLIENTS LOSE, WHICH MAKES

1051
00:35:12,033 --> 00:35:13,000
ABSOLUTELY NO SENSE.

1052
00:35:13,000 --> 00:35:14,400
THAT'S NOT THE CASE WITH

1053
00:35:14,400 --> 00:35:16,300
DISTRICT ATTORNEYS.

1054
00:35:16,300 --> 00:35:17,400
THEY GETS PAID BECAUSE THEY HAVE

1055
00:35:17,400 --> 00:35:20,200
A JOB TO DO.

1056
00:35:20,200 --> 00:35:21,633
WE NEED A SYSTEM THAT WILL TREAT

1057
00:35:21,633 --> 00:35:24,500
THEM EQUALLY SO NOBODY IS IN A

1058
00:35:24,500 --> 00:35:25,733
POSITION OF HAVING TO BE

1059
00:35:25,733 --> 00:35:28,167
CONFLICTED OUT OF THEIR OWN

1060
00:35:28,167 --> 00:35:29,300
REPRESENTATION, BUT ULTIMATELY,

1061
00:35:29,300 --> 00:35:31,700
IT IS UP TO THE LEGISLATURE TO

1062
00:35:31,700 --> 00:35:32,833
SOLVE THAT PROBLEM.

1063
00:35:32,833 --> 00:35:34,667
IT GOES BACK TO LOUISIANA DOES

1064
00:35:34,667 --> 00:35:37,667
HAVE THE HIGHEST INCARCERATION

1065
00:35:37,667 --> 00:35:39,400
RATE NOT ONLY IN THIS COUNTRY

1066
00:35:39,400 --> 00:35:40,233
BUT IN THE WORLD.

1067
00:35:40,233 --> 00:35:42,367
WE HAVE A CRISIS IN THIS STATE,

1068
00:35:42,367 --> 00:35:44,467
A GENERAL BUDGET CRISIS, AND

1069
00:35:44,467 --> 00:35:46,167
THIS IS AN OPPORTUNITY TO SAY WE

1070
00:35:46,167 --> 00:35:48,167
NEED TO LOOK AT DOING A LOT OF

1071
00:35:48,167 --> 00:35:49,567
THINGS DIFFERENTLY, WE CAN'T

1072
00:35:49,567 --> 00:35:51,200
AFFORD TO DO THINGS THE WAY WE

1073
00:35:51,200 --> 00:35:52,600
HAVE A BEEN DOING IT, INCLUDING

1074
00:35:52,600 --> 00:35:54,667
A USER PAY SYSTEM OF PUBLIC

1075
00:35:54,667 --> 00:35:55,067
DEFENSE.

1076
00:35:55,067 --> 00:35:57,467
>> FROM THE AUDIENCE, DAVID, DO

1077
00:35:57,467 --> 00:35:59,200
YOU THINK WE OUGHT TO BE

1078
00:35:59,200 --> 00:36:00,733
THINKING OUTSIDE OF BOX?

1079
00:36:00,733 --> 00:36:02,333
>> I THINK WE NEED TO TAKE

1080
00:36:02,333 --> 00:36:04,200
ADVANTAGE OF THE RESOURCES

1081
00:36:04,200 --> 00:36:05,133
AVAILABLE TO US.

1082
00:36:05,133 --> 00:36:06,367
I THINK WE CAN ALL AGREE THE

1083
00:36:06,367 --> 00:36:08,633
STATE IS IN THE FACE OF A FISCAL

1084
00:36:08,633 --> 00:36:09,867
CRISIS.

1085
00:36:09,867 --> 00:36:10,767
AGENCIES ACROSS-THE-BOARD ARE

1086
00:36:10,767 --> 00:36:13,200
STRUGGLING TO PERFORM THE MOST

1087
00:36:13,200 --> 00:36:15,267
BASIC FUNCTIONS, AS SENATOR

1088
00:36:15,267 --> 00:36:16,633
CLAITOR ALLUDED TO.

1089
00:36:16,633 --> 00:36:19,033
THE LEGISLATURE SOME TIME AGO

1090
00:36:19,033 --> 00:36:22,000
PROVIDED A SUPPLEMENTAL SOURCE

1091
00:36:22,000 --> 00:36:25,233
OF FUNDING IN SECTIONS 175 AND

1092
00:36:25,233 --> 00:36:25,900
176.

1093
00:36:25,900 --> 00:36:28,700
SECTION 175 REQUIRED THEY PAY AN

1094
00:36:28,700 --> 00:36:31,900
ENROLLMENT FEE WHO THEY ARE

1095
00:36:31,900 --> 00:36:34,933
APPOINTED COUNSEL OF $40.

1096
00:36:34,933 --> 00:36:37,367
AND 176 SAYS A JUDGE MUST MAKE A

1097
00:36:37,367 --> 00:36:40,967
DETERMINATION IF THEY PAY ABOVE

1098
00:36:40,967 --> 00:36:42,633
THAT $40 AND THEY ARE ORDERED TO

1099
00:36:42,633 --> 00:36:44,733
DO SO IF THEY FIND THEY CAN PAY

1100
00:36:44,733 --> 00:36:47,100
MORE MONEY.

1101
00:36:47,100 --> 00:36:49,433
MY OWN JURISDICTION HAS A

1102
00:36:49,433 --> 00:36:51,100
POPULATION OF APPROXIMATELY

1103
00:36:51,100 --> 00:36:52,200
36,000 PEOPLE AND LAST YEAR, OUR

1104
00:36:52,200 --> 00:36:53,867
PUBLIC DEFENDER, WITH THE

1105
00:36:53,867 --> 00:36:55,500
COOPERATION OF OUR JUDGES,

1106
00:36:55,500 --> 00:36:58,000
COLLECTED OVER $60,000 FROM

1107
00:36:58,000 --> 00:37:03,800
DEFENDANT WHO WERE APPOINTED

1108
00:37:03,800 --> 00:37:04,167
COUNSEL.

1109
00:37:04,167 --> 00:37:06,967
A LOOK AT YOUR 2014 AND 2015

1110
00:37:06,967 --> 00:37:09,700
REPORTS IT IS APPARENT TO ME

1111
00:37:09,700 --> 00:37:13,267
JURISDICTIONS ARE IGNORING THE

1112
00:37:13,267 --> 00:37:15,600
MANDATES IN 175 AND 176 AND ARE

1113
00:37:15,600 --> 00:37:18,400
FAILING TO COLLECT THE $40

1114
00:37:18,400 --> 00:37:20,433
ENROLLMENT FEE AND FAILING TO

1115
00:37:20,433 --> 00:37:22,300
COLLECT SUMS OF MONEY THAT

1116
00:37:22,300 --> 00:37:26,900
PEOPLE CAN AFFORD TO PAY.

1117
00:37:26,900 --> 00:37:28,100
WHAT HAVE YOU DONE TO ADDRESS

1118
00:37:28,100 --> 00:37:29,700
THAT IN THE PAST AND WHAT DO YOU

1119
00:37:29,700 --> 00:37:31,267
INTEND TO DO IN THE FUTURE TO

1120
00:37:31,267 --> 00:37:31,967
ADDRESS THAT IN.

1121
00:37:31,967 --> 00:37:34,300
>> WHEN I WAS DISTRICT DEFENDER

1122
00:37:34,300 --> 00:37:36,433
WE HAD MANY OF THE SAME PROBLEMS

1123
00:37:36,433 --> 00:37:39,500
SO WE USED THE LOUISIANA

1124
00:37:39,500 --> 00:37:45,800
DEPARTMENT OF REVENUE.

1125
00:37:45,800 --> 00:37:47,900
AND SO WE BUT HERE IS THE THING,

1126
00:37:47,900 --> 00:37:49,567
IT COSTS MONEY.

1127
00:37:49,567 --> 00:37:52,333
YOU DON'T JUST ASK FOR LDR TO

1128
00:37:52,333 --> 00:37:53,333
PROVIDE WITH YOU FUNDS.

1129
00:37:53,333 --> 00:37:54,833
YOU HAVE TO GATHER A REPORT, IT

1130
00:37:54,833 --> 00:37:56,267
IS VERY EXTENSIVE AND HAS TO

1131
00:37:56,267 --> 00:37:58,767
HAVE ALL THE PEOPLE THAT OWE YOU

1132
00:37:58,767 --> 00:37:59,133
MONEY.

1133
00:37:59,133 --> 00:38:00,400
WE WERE FORTUNATE IN THAT WE

1134
00:38:00,400 --> 00:38:02,167
WERE ABLE TO RELY ON BASICALLY

1135
00:38:02,167 --> 00:38:03,967
FREE LABOR FROM A VOLUNTEER

1136
00:38:03,967 --> 00:38:06,633
GROUP PROVIDED BY THE PARRISH.

1137
00:38:06,633 --> 00:38:08,233
BUT IT WOULD HAVE COST US QUITE

1138
00:38:08,233 --> 00:38:10,033
A BIT TO DO IT IN HOUSE.

1139
00:38:10,033 --> 00:38:11,833
IT WOULD HAVE BEEN THOUSANDS OF

1140
00:38:11,833 --> 00:38:14,467
DOLLARS TO PREPARE THIS REPORT.

1141
00:38:14,467 --> 00:38:16,233
WE PROVIDED A REPORT TO THE

1142
00:38:16,233 --> 00:38:20,733
STATE AND THEY GARNISHED WAGES.

1143
00:38:20,733 --> 00:38:21,867
BECAUSE THE FUNDAMENTAL POINT

1144
00:38:21,867 --> 00:38:23,533
HERE IS THAT WE'RE DEALING WITH

1145
00:38:23,533 --> 00:38:24,400
THE POOR.

1146
00:38:24,400 --> 00:38:26,733
I MEAN, PEOPLE KIND OF LOSE THAT

1147
00:38:26,733 --> 00:38:28,167
IN THIS DISCUSSION, BUT WE'RE

1148
00:38:28,167 --> 00:38:30,600
DEALING WITH THE POUR.

1149
00:38:30,600 --> 00:38:31,733
PEOPLE WHO ARE INDIGENT.

1150
00:38:31,733 --> 00:38:34,267
SO YOU'RE NOT TALKING ABOUT DEEP

1151
00:38:34,267 --> 00:38:34,733
POCKETS.

1152
00:38:34,733 --> 00:38:36,600
YOU'RE NOT GOING TO HAVE THE

1153
00:38:36,600 --> 00:38:37,833
RETURN THAT YOU WOULD IF YOU

1154
00:38:37,833 --> 00:38:39,233
WERE TALKING ABOUT MIDDLE CLASS

1155
00:38:39,233 --> 00:38:39,867
AMERICA.

1156
00:38:39,867 --> 00:38:41,900
THAT'S NOT WHO WE'RE DEALING

1157
00:38:41,900 --> 00:38:42,433
WITH.

1158
00:38:42,433 --> 00:38:43,333
YOU'RE NOT GOING TO HAVE A

1159
00:38:43,333 --> 00:38:48,000
RETURN ON THE DOLLAR THAT YOU

1160
00:38:48,000 --> 00:38:49,100
WOULD EXPECT FOR PEOPLE.

1161
00:38:49,100 --> 00:38:50,633
SO IF YOU'RE GOING TO GO AFTER

1162
00:38:50,633 --> 00:38:52,900
THESE FOLKS, GET A COLLECTION

1163
00:38:52,900 --> 00:38:54,067
AGENCY, THEY WON'T DO.

1164
00:38:54,067 --> 00:38:55,167
IT COLLECTION AGENCY WON'T DO

1165
00:38:55,167 --> 00:38:55,467
IT.

1166
00:38:55,467 --> 00:38:57,533
IT IS A LOSING CAUSE.

1167
00:38:57,533 --> 00:39:00,000
THEY WILL LOSE MONEY IF THEY

1168
00:39:00,000 --> 00:39:02,067
EXTEND ASSETS TO GO AFTER THESE

1169
00:39:02,067 --> 00:39:03,733
FOLKS THAT AREN'T PAYING SO

1170
00:39:03,733 --> 00:39:05,100
THAT'S KIND OF THE TRICK BOX

1171
00:39:05,100 --> 00:39:05,833
WE'RE IN.

1172
00:39:05,833 --> 00:39:08,100
SO WHAT WE DID IS WE WENT AFTER

1173
00:39:08,100 --> 00:39:10,233
THE FOLKSES WE KNEW HAD FUNDING,

1174
00:39:10,233 --> 00:39:12,200
HAD FUN, SO THEY HAD TAX RETURNS

1175
00:39:12,200 --> 00:39:15,033
AND WE WERE VERY AGGRESSIVE IN

1176
00:39:15,033 --> 00:39:17,300
DOING THAT.

1177
00:39:17,300 --> 00:39:19,233
AND SO WHEN I BECAME STATE

1178
00:39:19,233 --> 00:39:21,300
PUBLIC DEFENDER, THE FIRST THING

1179
00:39:21,300 --> 00:39:23,033
WE DID WAS HAD A COURSE AND

1180
00:39:23,033 --> 00:39:24,667
TAUGHT ALL THE DISTRICT

1181
00:39:24,667 --> 00:39:25,733
DEFENDERS HOW TO DO THAT.

1182
00:39:25,733 --> 00:39:28,233
IF YOU ARE IN A DISTRICT THAT IS

1183
00:39:28,233 --> 00:39:29,800
SO SMALL THAT YOUR RETURN IS

1184
00:39:29,800 --> 00:39:31,533
GOING TO BE VERY MINIMAL,

1185
00:39:31,533 --> 00:39:33,100
BECAUSE YOU'RE RIGHT, THERE ARE

1186
00:39:33,100 --> 00:39:36,067
TWO PARTS TO THIS, THERE IS THE

1187
00:39:36,067 --> 00:39:37,767
$40, WHICH IS FRANKLY IN MY

1188
00:39:37,767 --> 00:39:40,200
OPINION A RED HERRING, AND THEN

1189
00:39:40,200 --> 00:39:41,667
THERE IS THE REAL POINT THAT YOU

1190
00:39:41,667 --> 00:39:43,500
MAKE AND I THINK IT IS A GOOD

1191
00:39:43,500 --> 00:39:45,667
ONE, FOLKS WHO CAN'T PAY.

1192
00:39:45,667 --> 00:39:48,000
AND THAT IS SOMETHING THAT HAS

1193
00:39:48,000 --> 00:39:49,733
TO -- YOU HAVE TO HAVE THE JUDGE

1194
00:39:49,733 --> 00:39:51,933
AND THE DA ON BOARD WITH THAT.

1195
00:39:51,933 --> 00:39:53,467
IT'S NOT GOING TO WORK IF YOU

1196
00:39:53,467 --> 00:39:56,033
DON'T HAVE ALL THREE GROUPS IN

1197
00:39:56,033 --> 00:39:58,033
UNISON DISCUSSING THAT PROBLEM.

1198
00:39:58,033 --> 00:40:00,233
SO, WITH THE $40, AGAIN, IT IS A

1199
00:40:00,233 --> 00:40:01,333
RED HERRING.

1200
00:40:01,333 --> 00:40:03,333
THE OTHER ONE, THE PARTIAL

1201
00:40:03,333 --> 00:40:04,833
PAYMENT, IF YOU DON'T HAVE THE

1202
00:40:04,833 --> 00:40:06,567
JUDGE ON BOARD ORDERING THOSE

1203
00:40:06,567 --> 00:40:08,000
PAYMENTS THERE IS NOTHING TO GO

1204
00:40:08,000 --> 00:40:09,433
AFTER, AND IF YOU DO HAVE A

1205
00:40:09,433 --> 00:40:12,300
JUDGMENT, YOU STILL HAVE TO PAY

1206
00:40:12,300 --> 00:40:13,667
MONEY TO GET WHAT YOU NEED TO

1207
00:40:13,667 --> 00:40:17,067
THE LDR TO GARNISH WAGES.

1208
00:40:17,067 --> 00:40:18,633
SO THE QUESTION IS, DO YOU THROW

1209
00:40:18,633 --> 00:40:19,733
GOOD MONEY AFTER BAD?

1210
00:40:19,733 --> 00:40:21,333
BECAUSE THAT'S WHAT MANY OF THE

1211
00:40:21,333 --> 00:40:22,233
DISTRICTS ARE IN.

1212
00:40:22,233 --> 00:40:23,700
THEY'RE IN THAT POSITION WHERE

1213
00:40:23,700 --> 00:40:24,800
THEY'RE THROWING GOOD MONEY

1214
00:40:24,800 --> 00:40:26,333
AFTER BAD BECAUSE IT COSTS MONEY

1215
00:40:26,333 --> 00:40:29,067
TO GO AFTER THOSE FUNDS SO WE

1216
00:40:29,067 --> 00:40:30,833
TRY TO -- WE TAUGHT EVERYBODY

1217
00:40:30,833 --> 00:40:32,833
HOW TO DO IT BUT WHETHER OR NOT

1218
00:40:32,833 --> 00:40:34,533
A DISTRICT DOES, YOU KNOWER,

1219
00:40:34,533 --> 00:40:36,733
THEY HAVE TO MAKE THAT

1220
00:40:36,733 --> 00:40:37,267
ASSESSMENT.

1221
00:40:37,267 --> 00:40:41,500
AM I GOING TO GET A RETURN ON MY

1222
00:40:41,500 --> 00:40:41,833
MONEY.

1223
00:40:41,833 --> 00:40:43,333
WE HAVE DISTRICTS THAT APPLIED

1224
00:40:43,333 --> 00:40:47,067
TO LDR FUNDS AND GOTTEN NOTHING.

1225
00:40:47,067 --> 00:40:49,500
THAT IS A LOSING PROPOSITION.

1226
00:40:49,500 --> 00:40:50,933
THIS IS ONE THING THAT I THINK

1227
00:40:50,933 --> 00:40:52,400
EVERYBODY KNOWS, CERTAINLY IT

1228
00:40:52,400 --> 00:40:54,233
WOULD APPEAR, THERE IS NO

1229
00:40:54,233 --> 00:40:55,967
SOLUTION IN THE STATE ONE SIZE

1230
00:40:55,967 --> 00:40:56,667
FITS ALL.

1231
00:40:56,667 --> 00:40:59,267
YOU HAVE 42 JURISDICTIONS, THEY

1232
00:40:59,267 --> 00:41:00,300
ARE ALL VERY DIFFERENT.

1233
00:41:00,300 --> 00:41:01,933
WHAT WORKS IN ONE JURISDICTION

1234
00:41:01,933 --> 00:41:02,900
DOESN'T IN ANOTHER.

1235
00:41:02,900 --> 00:41:05,000
WE TRIED TO GET FOLKS WE AT

1236
00:41:05,000 --> 00:41:06,867
LEAST GET FOLKS TO LOOK AT THESE

1237
00:41:06,867 --> 00:41:09,767
ISSUES AND TRY TO FIND A

1238
00:41:09,767 --> 00:41:11,600
PROBLEM, BUT WHO WORKS IN OR

1239
00:41:11,600 --> 00:41:17,733
LIENS

1240
00:41:17,733 --> 00:41:20,733
LEANS MAY NOT WORK SOMEWHERE

1241
00:41:20,733 --> 00:41:21,067
ELSE.

1242
00:41:21,067 --> 00:41:22,867
THERE IS NO SILVER BULLET HERE.

1243
00:41:22,867 --> 00:41:25,367
>> IF I MAY HAVE A BRIEF

1244
00:41:25,367 --> 00:41:27,000
FOLLOW-UP, WOULD IT BE FAIR TO

1245
00:41:27,000 --> 00:41:28,500
SIZE THAT YOU'RE SUBSIDIZING

1246
00:41:28,500 --> 00:41:30,233
DISTRICTS WHO ARE FAIL ORGANIZE

1247
00:41:30,233 --> 00:41:32,067
REFUSING TO CARRY OUT THEIR

1248
00:41:32,067 --> 00:41:33,467
RESPONSIBILITIES UNDER THE LAW

1249
00:41:33,467 --> 00:41:35,433
TO COLLECT THOSE FEES THAT

1250
00:41:35,433 --> 00:41:37,167
YOU'RE SUBSIDIZING THOSE

1251
00:41:37,167 --> 00:41:38,600
DISTRICTS WHO ARE AT LEAST

1252
00:41:38,600 --> 00:41:40,433
MAKING A GOOD FAITH EFFORT?

1253
00:41:40,433 --> 00:41:42,267
>> NO.

1254
00:41:42,267 --> 00:41:43,800
>> HAVEN'T WE ALREADY

1255
00:41:43,800 --> 00:41:45,733
ESTABLISHED THERE IS NO UNIFORM

1256
00:41:45,733 --> 00:41:48,600
RULE PARRISH BY PARRISH,

1257
00:41:48,600 --> 00:41:50,067
JURISDICTION BY JURISDICTION AND

1258
00:41:50,067 --> 00:41:52,033
HOW SOMEBODY IS DETERMINED TO BE

1259
00:41:52,033 --> 00:41:54,867
POOR OR INDIGENT.

1260
00:41:54,867 --> 00:41:57,100
DOESN'T THERE HAVE TO BE A

1261
00:41:57,100 --> 00:41:58,400
THRESHOLD SET FIRST AND YOU WORK

1262
00:41:58,400 --> 00:42:02,167
FROM THAT LEVEL AND GO UP.

1263
00:42:02,167 --> 00:42:03,667
IF WE'RE NOT DOING THAT --

1264
00:42:03,667 --> 00:42:05,233
>> THAT'S THE ISSUE, WE'RE NOT

1265
00:42:05,233 --> 00:42:07,067
DOING THAT.

1266
00:42:07,067 --> 00:42:09,533
I'M IN THE CRIMINAL JUSTICE

1267
00:42:09,533 --> 00:42:11,167
PANEL AND I REPRESENT PEOPLE

1268
00:42:11,167 --> 00:42:12,767
CHARGED WITH CRIMINAL CONS IN

1269
00:42:12,767 --> 00:42:14,567
FEDERAL COURT AND ONE OF THE

1270
00:42:14,567 --> 00:42:16,567
FIRST THINGS THAT COME TO ME IN

1271
00:42:16,567 --> 00:42:19,167
A FILE GIVEN TO ME IS A LISTING

1272
00:42:19,167 --> 00:42:21,800
OF REAL INQUIRY WITH ASSETS AND

1273
00:42:21,800 --> 00:42:25,667
THEIR ABILITY TO PAY.

1274
00:42:25,667 --> 00:42:26,933
I PRACTICE ALL OVER LOUISIANA

1275
00:42:26,933 --> 00:42:28,733
BUT MOSTLY IN NEW ORLEANS, BATON

1276
00:42:28,733 --> 00:42:32,633
ROUGE AND LOCAL AREAS AND I

1277
00:42:32,633 --> 00:42:35,867
RARELY SEE A REAL INQUIRY INTO

1278
00:42:35,867 --> 00:42:40,267
WHETHER SOMEBODY IS INDIGENT OR

1279
00:42:40,267 --> 00:42:40,667
NOT.

1280
00:42:40,667 --> 00:42:43,300
I'M NOT SAYING THAT IS DAVE'S

1281
00:42:43,300 --> 00:42:44,767
FAULT, PUTTING IT ON THE COURT

1282
00:42:44,767 --> 00:42:46,000
AND WE NEED TO BE BETTER AT

1283
00:42:46,000 --> 00:42:46,533
THAT.

1284
00:42:46,533 --> 00:42:48,533
BUT EVEN WITH THAT INQUIRY,

1285
00:42:48,533 --> 00:42:49,900
THERE'S STILL A SEA OF POOR

1286
00:42:49,900 --> 00:42:51,600
PEOPLE THAT ARE UNABLE TO PAY.

1287
00:42:51,600 --> 00:42:53,267
AND SO WE HAVE TO ADDRESS THAT.

1288
00:42:53,267 --> 00:42:55,300
SO EVEN IF WE JUST PICKED UP THE

1289
00:42:55,300 --> 00:42:57,267
ONES THAT CAN PAY, THAT DOESN'T

1290
00:42:57,267 --> 00:42:58,067
SOLVE THE PROBLEM.

1291
00:42:58,067 --> 00:43:00,067
>> THE WHOLE IDEA OF PUBLIC

1292
00:43:00,067 --> 00:43:01,600
DEFENDER IS FOR PEOPLE WHO CAN'T

1293
00:43:01,600 --> 00:43:01,967
PAY.

1294
00:43:01,967 --> 00:43:04,600
>> THERE ARE A LOT THAT CAN, I

1295
00:43:04,600 --> 00:43:05,100
PROMISE YOU.

1296
00:43:05,100 --> 00:43:07,000
>> IT IS ALSO COMPLICATED BY THE

1297
00:43:07,000 --> 00:43:08,733
FACT THAT SOMEBODY GOING IN MAY

1298
00:43:08,733 --> 00:43:11,600
HAVE ASSETS THAT GET DEPLETED AS

1299
00:43:11,600 --> 00:43:15,033
THEY ARE PAYING FOR PRIVATE

1300
00:43:15,033 --> 00:43:16,167
COUNSEL THAT IS DETERMINED THEY

1301
00:43:16,167 --> 00:43:17,033
CAN AFFORD.

1302
00:43:17,033 --> 00:43:21,000
A GOOD CRIMINAL DEFENSE ISN'T

1303
00:43:21,000 --> 00:43:23,267
CHEAP AND YOU CAN DEPLETE YOUR

1304
00:43:23,267 --> 00:43:25,767
ASSETS FAIRLY QUICKLY BY PAYING

1305
00:43:25,767 --> 00:43:29,600
FOR A PRIVATE LAWYER AND SO IF

1306
00:43:29,600 --> 00:43:33,233
YOU WEREN'T INDIGENT TO BEGIN

1307
00:43:33,233 --> 00:43:35,000
WITH YOU MAY BE SOMEWHERE ALONG

1308
00:43:35,000 --> 00:43:36,900
THE WAY AND THOSE PEOPLE ALSO

1309
00:43:36,900 --> 00:43:40,733
THEN FALL IN THE SYSTEM AND THAT

1310
00:43:40,733 --> 00:43:42,600
ADDS TO ESSENTIALLY THE BURDEN

1311
00:43:42,600 --> 00:43:45,467
ON THE PUBLIC DEFENDER'S OFFICE.

1312
00:43:45,467 --> 00:43:47,733
>> AND TO ECHO ONE OF YOUR

1313
00:43:47,733 --> 00:43:49,500
THOUGHTS, MARJORIE, THE MORE

1314
00:43:49,500 --> 00:43:52,100
SERIOUS CRIMES DEMAND A MORE

1315
00:43:52,100 --> 00:43:52,633
SERIOUS FEE.

1316
00:43:52,633 --> 00:43:54,467
SO AS WE GO UP THE LADDER ON

1317
00:43:54,467 --> 00:43:56,267
WHAT IS, PEOPLE ARE ARRESTED

1318
00:43:56,267 --> 00:43:58,867
FOR, YOU'RE NOT GOING TO TAKE AN

1319
00:43:58,867 --> 00:44:00,400
ARMED ROBBERY AND REPRESENT

1320
00:44:00,400 --> 00:44:02,167
THOSE GUYS FOR SOMETHING THAT IS

1321
00:44:02,167 --> 00:44:03,700
GOING TO TAKE MONTHS OF YOUR

1322
00:44:03,700 --> 00:44:05,767
TIME AS OPPOSED TO DAYS OF YOUR

1323
00:44:05,767 --> 00:44:08,067
TIME, SO THERE IS A DIFFERENTIAL

1324
00:44:08,067 --> 00:44:09,667
BETWEEN THE TYPE OF DREAMS THAT

1325
00:44:09,667 --> 00:44:11,433
YOU'RE CHARGED WITH, AS WELL.

1326
00:44:11,433 --> 00:44:14,700
>> I'M IN A UNIQUE SITUATION IN

1327
00:44:14,700 --> 00:44:16,067
THAT MY CLIENT IN THE JUVENILE

1328
00:44:16,067 --> 00:44:19,867
COURT ARE INDIGENT.

1329
00:44:19,867 --> 00:44:21,733
I'VE NEVER HAD A CLIENT WITH

1330
00:44:21,733 --> 00:44:23,500
THEIR OWN CAPACITY TO PLAY AND

1331
00:44:23,500 --> 00:44:26,100
FURTHER, UNLOUISIANA LAW, THEY

1332
00:44:26,100 --> 00:44:30,467
ARE PRESUMED TO BE INDIGENT.

1333
00:44:30,467 --> 00:44:32,233
OUR JUDGES COLLECT THE

1334
00:44:32,233 --> 00:44:33,967
ENROLLMENT FEES AND APPLICATION

1335
00:44:33,967 --> 00:44:37,167
FEES AND ASSESS MODEST FEES FOR

1336
00:44:37,167 --> 00:44:38,267
OUR REPRESENTATION.

1337
00:44:38,267 --> 00:44:39,833
SO YOU FOE, THAT'S -- IT IS

1338
00:44:39,833 --> 00:44:41,400
SOMETHING THAT WE'RE DOING HERE

1339
00:44:41,400 --> 00:44:43,233
IN BATON ROUGE BUT TO GO BACK TO

1340
00:44:43,233 --> 00:44:45,567
THE EARLIER DISCUSSION, WHEN WE

1341
00:44:45,567 --> 00:44:48,300
WERE TALKING ABOUT

1342
00:44:48,300 --> 00:44:49,533
SPECIALIZATION, SPECIALIZATION

1343
00:44:49,533 --> 00:44:53,867
IN JUVENILE COURT IS EVEN MORE

1344
00:44:53,867 --> 00:44:56,033
PRONOUNCED THAN IN CRIMINAL

1345
00:44:56,033 --> 00:44:57,400
COURT.

1346
00:44:57,400 --> 00:45:00,967
SO, TO LOOK FOR A WAY TO SIMPLY

1347
00:45:00,967 --> 00:45:05,733
APPOINT PRIVATE COUNSEL TO LEAPT

1348
00:45:05,733 --> 00:45:06,833
YOUNG PEOPLE WHO ARE --

1349
00:45:06,833 --> 00:45:08,100
REPRESENT YOUNG PEOPLE WHO ARE

1350
00:45:08,100 --> 00:45:09,567
CHARGED IN THE CRIMINAL CODE BUT

1351
00:45:09,567 --> 00:45:11,633
ALSO HAVE PROCEDURAL RIGHTS TO

1352
00:45:11,633 --> 00:45:12,700
COME OUT OF THE CHILDREN'S CODE

1353
00:45:12,700 --> 00:45:14,367
WHICH NO ONE ELSE KNOWS ABOUT,

1354
00:45:14,367 --> 00:45:16,700
IT SIMPLY DOES NOT WORK AND I'M

1355
00:45:16,700 --> 00:45:18,100
CONCERNED BECAUSE ONE OF THE

1356
00:45:18,100 --> 00:45:20,700
ISSUES THAT WE'RE FACING IS THE

1357
00:45:20,700 --> 00:45:26,000
POSSIBILITY THAT IN THIS FISCAL

1358
00:45:26,000 --> 00:45:31,367
CRISIS TIME, JUVENILE DIE DEFENSE

1359
00:45:31,367 --> 00:45:32,767
MAY BE THE FIRST AREA CUT.

1360
00:45:32,767 --> 00:45:34,333
>> IF THE JUDGES ARE COLLECTING

1361
00:45:34,333 --> 00:45:37,333
FEES AND DOING ASSESSMENTS WHY

1362
00:45:37,333 --> 00:45:39,900
ARE THE PUBLIC DEFENDERS OFFICES

1363
00:45:39,900 --> 00:45:42,000
SAYING WE ARE OUT OF MONEY CAN'T

1364
00:45:42,000 --> 00:45:42,667
REPRESENT MORE PEOPLE.

1365
00:45:42,667 --> 00:45:44,067
WHAT IS HAPPENING HERE?

1366
00:45:44,067 --> 00:45:46,000
IF THE MONEY SOURCE IS THERE AND

1367
00:45:46,000 --> 00:45:48,367
BEING COLLECTED, WHY IS IT BEING

1368
00:45:48,367 --> 00:45:50,000
DEPLETED SO QUICKLY?

1369
00:45:50,000 --> 00:45:51,400
>> THE MINUTES THAT ARE

1370
00:45:51,400 --> 00:45:53,333
COLLECTED FROM THE CLIENTS MAKE

1371
00:45:53,333 --> 00:45:58,800
UP A MINUTE US CALL                MINUS

1372
00:45:58,800 --> 00:45:59,267
BUDGET.

1373
00:45:59,267 --> 00:46:03,500
OUR BUDGET IN 2015 WAS, I THINK,

1374
00:46:03,500 --> 00:46:04,600
5,101,000 AND WE CAN COMPARE

1375
00:46:04,600 --> 00:46:07,267
THAT TO, SAY, THE DISTRICT

1376
00:46:07,267 --> 00:46:09,133
ATTORNEY'S BUDGET WHICH IN 2014

1377
00:46:09,133 --> 00:46:10,800
WAS AROUND $13 MILLION SO THERE

1378
00:46:10,800 --> 00:46:13,700
IS A REAL DIFFERENCE, BUT EVEN

1379
00:46:13,700 --> 00:46:16,800
GIVEN OUR VERY SMALL BUDGET IN

1380
00:46:16,800 --> 00:46:17,867
COMPARISON, THE PART OF THAT

1381
00:46:17,867 --> 00:46:20,267
BUDGET THAT'S REPRESENTED BY THE

1382
00:46:20,267 --> 00:46:22,500
$40 APPLICATION FEE OR THE

1383
00:46:22,500 --> 00:46:25,067
MODEST ASSESSMENTS IS A DROP IN

1384
00:46:25,067 --> 00:46:25,833
THE BUCKET.

1385
00:46:25,833 --> 00:46:27,167
IT IS A RED HERRING.

1386
00:46:27,167 --> 00:46:29,033
>> I CAN PUT IT --

1387
00:46:29,033 --> 00:46:33,467
>> LET ME GET TO --

1388
00:46:33,467 --> 00:46:36,700
>> IT WOULD REALLY EQUATE TO

1389
00:46:36,700 --> 00:46:37,933
$1.5 MILLION AND I THINK LAST

1390
00:46:37,933 --> 00:46:39,533
YEAR IT WAS 128,000.

1391
00:46:39,533 --> 00:46:42,600
BUT IN OTHER YEARS IT HAS BEEN

1392
00:46:42,600 --> 00:46:44,400
400,000, 500,000 SO THERE IS A

1393
00:46:44,400 --> 00:46:45,500
BIG DIFFERENCE.

1394
00:46:45,500 --> 00:46:48,833
AND IT GOES JUDGE BY JUDGE,

1395
00:46:48,833 --> 00:46:50,367
PERSON BY PERSON AND I THINK

1396
00:46:50,367 --> 00:46:52,800
EVERYONE HAS TO DO A BETTER JOB

1397
00:46:52,800 --> 00:46:54,000
OF THE $40 COLLECTION.

1398
00:46:54,000 --> 00:46:55,400
IT IS A LOT OF MONEY.

1399
00:46:55,400 --> 00:46:58,400
FOR A BUDGET OF $5 MILLION, YOU

1400
00:46:58,400 --> 00:46:59,433
ADD A MILLION AND A HALF, THAT

1401
00:46:59,433 --> 00:47:00,600
IS A LOT OF MONEY.

1402
00:47:00,600 --> 00:47:02,800
>> HAVE YOUD A SLOW INDICATED TO

1403
00:47:02,800 --> 00:47:03,667
THE JUDGE?

1404
00:47:03,667 --> 00:47:10,267
-- HAVE YOUD A SLOW             YOU ADVO

1405
00:47:10,267 --> 00:47:10,667
JUDGE?

1406
00:47:10,667 --> 00:47:12,833
>> WE CERTAINLY HAVE, BUT IT IS

1407
00:47:12,833 --> 00:47:15,200
A DAILY FEET AND DAILY GRIND ON

1408
00:47:15,200 --> 00:47:17,367
EVERY CASE TO COLLECT THE $40.

1409
00:47:17,367 --> 00:47:19,233
AND I BELIEVE THAT THE PUBLIC

1410
00:47:19,233 --> 00:47:20,700
DEFENDERS GOT TOGETHER WITH

1411
00:47:20,700 --> 00:47:22,733
REVENUE AS WE HAVE HERE, AND

1412
00:47:22,733 --> 00:47:24,733
COLLECTED MONEY AS WE HAVE, I

1413
00:47:24,733 --> 00:47:26,533
THINK THAT OFFICE AND OTHER

1414
00:47:26,533 --> 00:47:28,533
OFFICES, MAINLY BIGGER OFFICES,

1415
00:47:28,533 --> 00:47:29,900
THEY HAVE A LOT OF MONEY THEY

1416
00:47:29,900 --> 00:47:33,367
CAN COLLECT ON A SMALL AMOUNT

1417
00:47:33,367 --> 00:47:39,333
FROM THE DEFENDANT.

1418
00:47:39,333 --> 00:47:40,833
>> I HAVE ASSESSED FEES IF THEY

1419
00:47:40,833 --> 00:47:42,733
CAN PAY, EVEN IF HE THINKS THEY

1420
00:47:42,733 --> 00:47:44,700
CAN PAY, HE DOESN'T NECESSARILY

1421
00:47:44,700 --> 00:47:46,433
ASK FOR ALL THEIR PAPERWORK BUT

1422
00:47:46,433 --> 00:47:47,800
EVEN IF HE THINKS THEY CAN PAY

1423
00:47:47,800 --> 00:47:51,067
HE WILL ASSESS A 100, $150 FEE.

1424
00:47:51,067 --> 00:47:55,000
BUT THEN YOU GO BACK TO WHAT

1425
00:47:55,000 --> 00:47:56,100
MR. DIXON SAID, YOU HAVE A

1426
00:47:56,100 --> 00:47:59,367
DEFENDANT WHO MAY NOT HAVE THAT

1427
00:47:59,367 --> 00:48:03,267
$150 WHO THE DA'S OFFICE, NO

1428
00:48:03,267 --> 00:48:05,367
OFFENSE WILL OFFER THEM $150 DOS

1429
00:48:05,367 --> 00:48:07,533
OF PROSECUTION OR DISMISSAL,

1430
00:48:07,533 --> 00:48:10,433
THEY'RE GOING TO PAY THAT FIRST.

1431
00:48:10,433 --> 00:48:12,500
THE $150 ASSESSED IT IS THE

1432
00:48:12,500 --> 00:48:13,667
PDs OFFICE RESPONSIBILITY TO

1433
00:48:13,667 --> 00:48:14,133
COLLECT.

1434
00:48:14,133 --> 00:48:15,300
WE HAVE A CONFLICT OF INTEREST

1435
00:48:15,300 --> 00:48:17,600
AND ALTHOUGH I'M NO LONGER

1436
00:48:17,600 --> 00:48:19,133
THERE, I STILL ASSOCIATE MYSELF

1437
00:48:19,133 --> 00:48:21,267
THERE WE HAVE A CONFLICT OF

1438
00:48:21,267 --> 00:48:22,533
INTEREST GOING BACK TO THE COURT

1439
00:48:22,533 --> 00:48:26,167
AND SAYING, YOUR HONOR, THIS

1440
00:48:26,167 --> 00:48:27,467
DEFENDANT DOESN'T PAY US OWS

1441
00:48:27,467 --> 00:48:27,867
MONEY.

1442
00:48:27,867 --> 00:48:30,333
THE JUDGE THROWS THEM IN JAIL

1443
00:48:30,333 --> 00:48:31,467
FOR CONTEMPT OF COURT.

1444
00:48:31,467 --> 00:48:32,900
THAT GOES AGAINST WHAT WE'RE

1445
00:48:32,900 --> 00:48:34,733
DOING AT PUBLIC DEFENDERS SO NOW

1446
00:48:34,733 --> 00:48:37,567
IT IS THE PUBLIC DEFENDARIES

1447
00:48:37,567 --> 00:48:40,400
OFFICE TO DO AS MR. DIXON SAID

1448
00:48:40,400 --> 00:48:41,800
AND TAKE THAT MONEY FROM THEIR

1449
00:48:41,800 --> 00:48:45,133
TAX RETURNS, WHICH MAY BE

1450
00:48:45,133 --> 00:48:45,667
NONEXISTENT.

1451
00:48:45,667 --> 00:48:49,000
>> HOWL DO

1452
00:48:49,000 --> 00:48:49,400
NONEXISTENT.

1453
00:48:49,400 --> 00:48:50,333
>> HOW DO YOU FIT IN THIS?

1454
00:48:50,333 --> 00:48:53,667
>> WE WORK FOR AN OFFICE AND OUR

1455
00:48:53,667 --> 00:48:56,633
ROLE IS TO PROVIDE TRIAL-LEVEL

1456
00:48:56,633 --> 00:48:58,233
CAPITAL DEFENSE ACROSS THE

1457
00:48:58,233 --> 00:49:00,800
STATE, AND THERE ARE PEOPLE

1458
00:49:00,800 --> 00:49:02,100
WITHIN THE STATE THAT BELIEVE WE

1459
00:49:02,100 --> 00:49:05,467
ARE ONE OF THE MAIN PROBLEMS

1460
00:49:05,467 --> 00:49:06,567
WITH THE CURRENT FINANCIAL

1461
00:49:06,567 --> 00:49:08,100
SITUATION THAT OFFICES LIKE OURS

1462
00:49:08,100 --> 00:49:09,900
RECEIVED TOO MUCH MONEY.

1463
00:49:09,900 --> 00:49:11,467
NOW, I DON'T THINK THAT HOLDS

1464
00:49:11,467 --> 00:49:12,833
WATER WHEN YOU LOOK AT THE

1465
00:49:12,833 --> 00:49:14,067
ACTUAL NUMBERS BECAUSE WHEN YOU

1466
00:49:14,067 --> 00:49:15,267
LOOK AT THE ACTUAL NUMBERS IT

1467
00:49:15,267 --> 00:49:17,233
WAS ALLOCATED IN THE STATE

1468
00:49:17,233 --> 00:49:19,167
PUBLIC DEFENDER BUDGET, LAST

1469
00:49:19,167 --> 00:49:21,833
YEARS WAS $9.9 MILLION.

1470
00:49:21,833 --> 00:49:24,067
DIVIDE IT ABOUT HALF BETWEEN

1471
00:49:24,067 --> 00:49:26,067
OFFICES THAT HANDLE TRIAL

1472
00:49:26,067 --> 00:49:29,667
MATTERS AND OFFICES THAT HANDLE

1473
00:49:29,667 --> 00:49:30,633
APPELLATE MATTERS.

1474
00:49:30,633 --> 00:49:34,067
IT IS ABOUT $5.3 MILLION AND

1475
00:49:34,067 --> 00:49:39,767
THAT WASSAL OH           WAS ALLOCATED.

1476
00:49:39,767 --> 00:49:41,100
WHEN YOU COMPARE THAT VERSES

1477
00:49:41,100 --> 00:49:42,600
WHAT IS SENT TO THE DISTRICTS

1478
00:49:42,600 --> 00:49:45,067
FROM LOCAL FINANCES AND FROM THE

1479
00:49:45,067 --> 00:49:49,433
STATE, THAT IS A DROP IN THE

1480
00:49:49,433 --> 00:49:51,767
BUCKET FOR LARGER DISTRICTS AND

1481
00:49:51,767 --> 00:49:53,800
MORE RURAL DISTRICTS BUT THE

1482
00:49:53,800 --> 00:49:56,067
QUESTION IS FOR THE PANEL, WHAT

1483
00:49:56,067 --> 00:49:57,500
DO THEY THINK WILL HAPPEN IF YOU

1484
00:49:57,500 --> 00:50:01,067
SHIFT ALL THAT MONEY BACK TO THE

1485
00:50:01,067 --> 00:50:02,667
DISTRICTS?

1486
00:50:02,667 --> 00:50:04,300
WHERE WE WILL HAVE PRANCE A

1487
00:50:04,300 --> 00:50:06,167
MARGINAL IMPACT ON THE ACTUAL

1488
00:50:06,167 --> 00:50:08,200
REVENUE IN THE OFFICE, AND THEN

1489
00:50:08,200 --> 00:50:11,100
YOU HAVE NO ONE LEFT TO PROVIDE

1490
00:50:11,100 --> 00:50:12,300
CAPITAL DEFENSE BECAUSE THERE

1491
00:50:12,300 --> 00:50:15,700
ARE TWO BILLS IN THIS

1492
00:50:15,700 --> 00:50:17,800
LEGISLATIVE SESSION, HOUSE BILL

1493
00:50:17,800 --> 00:50:20,767
818 WHICH WOULD SEEK TO DEFUND

1494
00:50:20,767 --> 00:50:23,633
THESE PROGRAMS AND SENATE BILL

1495
00:50:23,633 --> 00:50:28,200
374, MR. CLAITOR'S BILL, WAY PUT

1496
00:50:28,200 --> 00:50:30,733
THESE PROGRAMS IN DEEP, DEEP

1497
00:50:30,733 --> 00:50:31,167
TROUBLE.

1498
00:50:31,167 --> 00:50:32,333
>> MR.ED A.

1499
00:50:32,333 --> 00:50:32,667
S.

1500
00:50:32,667 --> 00:50:35,400
>> IT IS INTERESTING --

1501
00:50:35,400 --> 00:50:35,867
MR. ADAMS.

1502
00:50:35,867 --> 00:50:37,900
>> IT IS INTERESTING, THIS BOARD

1503
00:50:37,900 --> 00:50:41,433
FUNDS DAPT CASES A THIRD OF THE

1504
00:50:41,433 --> 00:50:48,067
APPROPRIATED MONEY FROM THE

1505
00:50:48,067 --> 00:50:50,000
STATE AT THE SAME TIME

1506
00:50:50,000 --> 00:50:51,533
DECERTIFYING, DEQUALIFYING

1507
00:50:51,533 --> 00:50:53,600
ABSOLUTELY EXPERT CAPITAL

1508
00:50:53,600 --> 00:50:54,200
DEFENDERS.

1509
00:50:54,200 --> 00:50:56,633
THEY'VE DONE IT ALL ACROSS THE

1510
00:50:56,633 --> 00:51:01,567
STATE, THEY CAN SEND THE MONEY

1511
00:51:01,567 --> 00:51:03,033
TO FIRMS LIKE YOURS.

1512
00:51:03,033 --> 00:51:06,867
IT MAY BE THE BEST MOVE BUT IT

1513
00:51:06,867 --> 00:51:08,133
BEGS OUR EXPLANATION.

1514
00:51:08,133 --> 00:51:10,733
>> I THINK THE EXPLANATION IS

1515
00:51:10,733 --> 00:51:13,033
THIS, WHICH THE DISTRICT

1516
00:51:13,033 --> 00:51:14,567
ATTORNEY'S ASSOCIATION IS UPSET

1517
00:51:14,567 --> 00:51:17,200
THEY'RE LOSING THE DEATH

1518
00:51:17,200 --> 00:51:17,700
PENALTY.

1519
00:51:17,700 --> 00:51:18,733
THESE OFFICES HAVE BEEN

1520
00:51:18,733 --> 00:51:20,500
EFFECTIVE IN LIMITING THE DEATH

1521
00:51:20,500 --> 00:51:23,733
PENALTY IN TERMS OF CONVICTIONS

1522
00:51:23,733 --> 00:51:25,533
IN TERMS OF INDICTMENTS FOR

1523
00:51:25,533 --> 00:51:27,500
ABOUT THE LAST 15 TO 20 YEARS.

1524
00:51:27,500 --> 00:51:29,833
THESE OFFICES ARE THE BEST WAY

1525
00:51:29,833 --> 00:51:31,300
TO WORK AGAINST THE DEATH

1526
00:51:31,300 --> 00:51:32,767
PENALTY IN THE STATE AND THEY'RE

1527
00:51:32,767 --> 00:51:33,833
UPSET ABOUT THAT.

1528
00:51:33,833 --> 00:51:39,900
>> IF I COULD JUST ADD REAL

1529
00:51:39,900 --> 00:51:42,200
QUICK, WE HAVE A HIGHS RATE OF

1530
00:51:42,200 --> 00:51:44,333
EXON RATION SO THIS ARGUMENT

1531
00:51:44,333 --> 00:51:48,133
MIGHT BE A LITTLE MOOT IF THERE

1532
00:51:48,133 --> 00:51:50,133
HADN'T BEEN INNOCENT PEOPLE ON

1533
00:51:50,133 --> 00:51:54,000
DEATH ROW, BUT HAS BEEN

1534
00:51:54,000 --> 00:51:56,700
DISCOVERED SO THEY DO NEED AN

1535
00:51:56,700 --> 00:51:57,500
ADEQUATE DEFENSE.

1536
00:51:57,500 --> 00:51:59,933
>> YOU'RE SAYING PUBLIC

1537
00:51:59,933 --> 00:52:01,933
DEFENDERS CAN'T PROVIDE ADEQUATE

1538
00:52:01,933 --> 00:52:03,567
DEFENSE, I'VE WORKED IN THE

1539
00:52:03,567 --> 00:52:04,833
CAPITAL AND I CAN TELL WITH YOU

1540
00:52:04,833 --> 00:52:06,367
MAY CASE LOAD THAT I HAD ON THE

1541
00:52:06,367 --> 00:52:08,667
PUBLIC DEFENDER'S OFFICE, WITH

1542
00:52:08,667 --> 00:52:10,733
ALL DUE RESPECT, I CANNOT

1543
00:52:10,733 --> 00:52:11,567
ADEQUATELY DEFEND.

1544
00:52:11,567 --> 00:52:13,700
>> IF YOU HAD SPECIFIED IN THE

1545
00:52:13,700 --> 00:52:17,533
PUBLIC DEFENDERS OFFICE TO BE A

1546
00:52:17,533 --> 00:52:19,367
SPECIAL DEFENDER FOR THOSE CASES

1547
00:52:19,367 --> 00:52:21,200
THE PUBLIC DEFENDER'S OFFICE

1548
00:52:21,200 --> 00:52:22,400
COULD STILL RECEIVE THAT MONEY

1549
00:52:22,400 --> 00:52:23,633
AND YOU COULD STILL BE THERE.

1550
00:52:23,633 --> 00:52:25,633
I FEEL LIKE IT GIVE AS LIGHT

1551
00:52:25,633 --> 00:52:27,800
THAT PUBLIC DEFENDERS IN GENERAL

1552
00:52:27,800 --> 00:52:30,133
ARE NOT ADEQUATE ATTORNEYS TO

1553
00:52:30,133 --> 00:52:31,000
REPRESENT THESE CASES.

1554
00:52:31,000 --> 00:52:33,033
>> THERE IS STILL NOT ENOUGH

1555
00:52:33,033 --> 00:52:35,033
MONEY ALLOCATED TO BEGIN WITH.

1556
00:52:35,033 --> 00:52:37,933
IN OCTOBER OF 2015, THE PUBLIC

1557
00:52:37,933 --> 00:52:39,333
DEFENDER BOARD AND STATE

1558
00:52:39,333 --> 00:52:43,667
PLANNING ASKED FOR

1559
00:52:43,667 --> 00:52:44,300
$75.9 MILLION.

1560
00:52:44,300 --> 00:52:50,167
A NUMBER MR.ED       MR. ADAMS BROUGHT U

1561
00:52:50,167 --> 00:52:51,333
EARLIER IN THE COUNTRY, MY

1562
00:52:51,333 --> 00:52:53,567
QUESTION WOULD BE, WHAT WAS THE

1563
00:52:53,567 --> 00:52:55,067
DISTRICT ATTORNEY'S OFFICE

1564
00:52:55,067 --> 00:52:56,367
POSITION ON THAT REQUEST.

1565
00:52:56,367 --> 00:52:58,967
WE DID NOT TAKE A POSITION

1566
00:52:58,967 --> 00:53:00,133
OPPOSING THAT WITH I WOULD NEVER

1567
00:53:00,133 --> 00:53:02,700
OPPOSE FUNDING FOR A PUBLIC

1568
00:53:02,700 --> 00:53:04,867
DEFENSE EXCEPT WHEN THEY TRIED

1569
00:53:04,867 --> 00:53:06,500
TO INCREASE THE TRAFFIC FEES, A

1570
00:53:06,500 --> 00:53:08,033
SYSTEM YOU AGREE IS NOT THE BEST

1571
00:53:08,033 --> 00:53:09,567
WAY TO FUND YOUR SYSTEM.

1572
00:53:09,567 --> 00:53:10,700
THAT IS THE ONLY TIME --

1573
00:53:10,700 --> 00:53:13,500
>> DON'T YOU THINK IF THE STATE

1574
00:53:13,500 --> 00:53:16,867
WANTS TO EXECUTE SOMEBODY THAT

1575
00:53:16,867 --> 00:53:18,000
PERSON SHOULD BE THE BEST

1576
00:53:18,000 --> 00:53:19,900
POSSIBLE DEFENSE SO THERE IS NOT

1577
00:53:19,900 --> 00:53:21,433
A MISTAKE.

1578
00:53:21,433 --> 00:53:23,100
SO SOMEBODY DOESN'T SET ON DEATH

1579
00:53:23,100 --> 00:53:26,667
ROW OR IS EXECUTED WHEN THEY ARE

1580
00:53:26,667 --> 00:53:27,100
INNOCENT.

1581
00:53:27,100 --> 00:53:27,867
I THINK THAT'S --

1582
00:53:27,867 --> 00:53:30,200
>> THAT'S WHAT WE'RE TALKING

1583
00:53:30,200 --> 00:53:30,933
ABOUT HERE.

1584
00:53:30,933 --> 00:53:32,333
HOW MUCH IS THE DOLLAR FIGURE ON

1585
00:53:32,333 --> 00:53:32,700
THAT?

1586
00:53:32,700 --> 00:53:33,400
HOW MUCH IS IT?

1587
00:53:33,400 --> 00:53:36,633
>> WELL, APART FROM THE OBVIOUS

1588
00:53:36,633 --> 00:53:39,600
FACT THAT WE CANNOT, AS SOCIETY,

1589
00:53:39,600 --> 00:53:41,200
ALLOW OURSELVES TO EXECUTE

1590
00:53:41,200 --> 00:53:43,900
SOMEBODY WHO IS INNOCENT WITHOUT

1591
00:53:43,900 --> 00:53:45,567
AT LEAST DOING EVERYTHING

1592
00:53:45,567 --> 00:53:48,133
POSSIBLE TO PREVENT IT, BUT ON A

1593
00:53:48,133 --> 00:53:50,000
MORE PRACTICAL LEVEL, THERE ARE

1594
00:53:50,000 --> 00:53:52,033
SPECIAL CONSTITUTIONAL RIGHTS

1595
00:53:52,033 --> 00:53:54,000
THAT FLOW TO PEOPLE FACING

1596
00:53:54,000 --> 00:53:55,900
CAPITAL PUNISHMENT AND WE HAVE

1597
00:53:55,900 --> 00:53:57,967
AN OBLIGATION UNDER OUR

1598
00:53:57,967 --> 00:53:59,233
CONSTITUTION TO ENSURE THAT

1599
00:53:59,233 --> 00:54:01,133
THOSE RIGHTS ARE MET.

1600
00:54:01,133 --> 00:54:03,367
>> I WILL JUST ADD THAT THE

1601
00:54:03,367 --> 00:54:04,867
DISTRICT ATTORNEYS HAVE A STAKE

1602
00:54:04,867 --> 00:54:06,867
IN MAKING THIS THING WORK.

1603
00:54:06,867 --> 00:54:09,633
WE HAVE A STAKE IN MAKING SURE

1604
00:54:09,633 --> 00:54:14,367
WE DON'T EXECUTE ANYBODY WHO IS

1605
00:54:14,367 --> 00:54:14,967
INNOCENT.

1606
00:54:14,967 --> 00:54:16,267
WE DON'T THAT I TRAFFIC TICKETS

1607
00:54:16,267 --> 00:54:18,633
IS A WAY TO FUND THATS OFFICE.

1608
00:54:18,633 --> 00:54:20,167
WE THINK OUGHT TO BE FUNDED

1609
00:54:20,167 --> 00:54:24,367
THROUGH THE LEGISLATURE.

1610
00:54:24,367 --> 00:54:26,667
AN ADDED BENEFIT TO THAT LOOK

1611
00:54:26,667 --> 00:54:28,333
CLOSER AT THE SPENDING

1612
00:54:28,333 --> 00:54:29,667
PRIORITIES AND WE WOULD HAVE

1613
00:54:29,667 --> 00:54:30,800
CONFIDENCE IN WHATEVER LEVEL

1614
00:54:30,800 --> 00:54:31,800
THEY NEED TO BE FUNDED.

1615
00:54:31,800 --> 00:54:33,867
>> AS FAR AS THE DISTRICT

1616
00:54:33,867 --> 00:54:35,633
ATTORNEYS, PARTICULARLY MY OWN

1617
00:54:35,633 --> 00:54:37,167
DISTRICT ATTORNEY, HIS BENCHMARK

1618
00:54:37,167 --> 00:54:40,533
IS NOT CONVICTIONS AND DEATH

1619
00:54:40,533 --> 00:54:41,000
PENALTIES.

1620
00:54:41,000 --> 00:54:43,867
HIS BENCHMARK IS, WAS JUSTICE

1621
00:54:43,867 --> 00:54:45,467
SERVED SO I DON'T WANT TO LEAVE

1622
00:54:45,467 --> 00:54:48,433
THE IMPRESSION OUR DAs ACROSS

1623
00:54:48,433 --> 00:54:50,600
LOUISIANA ARE BLOOD-THIRSTY

1624
00:54:50,600 --> 00:54:52,467
FOLKS LOOKING TO EXECUTE PEOPLE.

1625
00:54:52,467 --> 00:54:55,633
THEY'RE LOOKING FOR JUSTICE AND

1626
00:54:55,633 --> 00:54:57,300
JUSTICE ISN'T DONE IF FOLKS ARE

1627
00:54:57,300 --> 00:55:00,000
NOT PROPERLY DEFENDED.

1628
00:55:00,000 --> 00:55:02,133
NOBODY IN THIS STATE WANTS TO

1629
00:55:02,133 --> 00:55:03,433
SEND INNOCENT PEOPLE TO THE

1630
00:55:03,433 --> 00:55:04,133
GALLON LOWS.

1631
00:55:04,133 --> 00:55:05,800
>> AMEN.

1632
00:55:05,800 --> 00:55:06,300
MR. DIXON.

1633
00:55:06,300 --> 00:55:08,133
>> ONE THING THAT NEEDS TO BE

1634
00:55:08,133 --> 00:55:09,733
SAID, THERE IS THERE ALLEGATION

1635
00:55:09,733 --> 00:55:11,867
THAT ALL MONEY GOSS TO CAPITAL.

1636
00:55:11,867 --> 00:55:13,567
THAT IS NOT TRUE.

1637
00:55:13,567 --> 00:55:15,733
75% OF PUBLIC DEFENSE MONEY

1638
00:55:15,733 --> 00:55:18,400
GEAUX GOES TO THE DISTRICTS.

1639
00:55:18,400 --> 00:55:19,467
75%.

1640
00:55:19,467 --> 00:55:21,833
IT'S NOT HALF, IT'S HE NOT -- IT

1641
00:55:21,833 --> 00:55:24,200
IS 75% OF ALL PUBLIC SPENDING ON

1642
00:55:24,200 --> 00:55:26,733
PUBLIC DEFENSE IS IN THE

1643
00:55:26,733 --> 00:55:27,233
DIRECTS.

1644
00:55:27,233 --> 00:55:29,200
WE DO SPEND $10 MILLION A YEAR

1645
00:55:29,200 --> 00:55:30,733
ON CAPITAL DEFENSE.

1646
00:55:30,733 --> 00:55:32,300
A, IT'S EXPENSIVE.

1647
00:55:32,300 --> 00:55:35,200
THIS IS A COMPLAINT YOU HAVE

1648
00:55:35,200 --> 00:55:35,967
NATIONWIDE.

1649
00:55:35,967 --> 00:55:37,500
EVERY STATES THAT HAS A DEATH

1650
00:55:37,500 --> 00:55:38,867
PENALTY COME TO PLAINS ABOUT HOW

1651
00:55:38,867 --> 00:55:41,233
MUCH MONEY IS SPENT ON CAPITAL

1652
00:55:41,233 --> 00:55:41,733
DEFENSE.

1653
00:55:41,733 --> 00:55:42,733
I WOULD ALSO POINT OUT THAT

1654
00:55:42,733 --> 00:55:44,033
THERE ARE DISTRICTS IN THIS

1655
00:55:44,033 --> 00:55:47,167
STATE THAT CANNOT AFFORD TO PAY

1656
00:55:47,167 --> 00:55:48,333
FOR CAPITAL DEFENSE.

1657
00:55:48,333 --> 00:55:49,567
IF WE DON'T HAVE THE PROGRAM,

1658
00:55:49,567 --> 00:55:51,733
THERE ARE HALF OF OUR DIRECTS

1659
00:55:51,733 --> 00:55:53,833
WILL -- ESSENTIALLY, ELIMINATE

1660
00:55:53,833 --> 00:55:55,967
THE DEATH PENALTY BECAUSE THEY

1661
00:55:55,967 --> 00:55:57,667
WILL NOT HAVE THE CAPABILITY OF

1662
00:55:57,667 --> 00:55:59,367
GETTING LAWYERS TO HANDLE THE

1663
00:55:59,367 --> 00:56:01,667
DEATH PENALTY OF THOSE

1664
00:56:01,667 --> 00:56:02,033
DISTRICTS.

1665
00:56:02,033 --> 00:56:05,967
I CAN TELL HE CAMERON PARLISH

1666
00:56:05,967 --> 00:56:08,067
DOES NOT HAVE THE ABILITY TO

1667
00:56:08,067 --> 00:56:09,800
HANDLE ONE CAPITAL CASE, NOT

1668
00:56:09,800 --> 00:56:10,267
ONE.

1669
00:56:10,267 --> 00:56:11,767
>> GIVE US A SENSE OF HOW DIRE

1670
00:56:11,767 --> 00:56:12,533
THINGS ARE.

1671
00:56:12,533 --> 00:56:15,700
WE'VE RUN OUT OF TIME FOR OUR

1672
00:56:15,700 --> 00:56:18,300
QUESTION AND ANSWER SEGMENT.

1673
00:56:18,300 --> 00:56:20,433
WE WILL LIKE TO THANK OUR

1674
00:56:20,433 --> 00:56:22,000
PANELISTS FOR THEIR INSIGHT ON

1675
00:56:22,000 --> 00:56:22,867
TONIGHT'S TOPIC.

1676
00:56:22,867 --> 00:56:24,167
WHEN WE COME BACK, WE WILL HAVE

1677
00:56:24,167 --> 00:56:26,000
A FEW CLOSING COMMENTS.

1678
00:56:26,000 --> 00:56:29,667
*

1679
00:56:33,333 --> 00:56:35,367
>> MICHAEL, CERTAINLY THIS IS A

1680
00:56:35,367 --> 00:56:37,400
VERY COMPLICATED TOPIC AND ONE

1681
00:56:37,400 --> 00:56:38,933
OF THE THINGS WE FOUND OUT

1682
00:56:38,933 --> 00:56:40,367
TONIGHT WAS THAT WHEN JUDGES

1683
00:56:40,367 --> 00:56:43,900
HAVE AN AWFUL LOT TO STAY ABOUT

1684
00:56:43,900 --> 00:56:44,267
--

1685
00:56:44,267 --> 00:56:45,433
>> DIFFERS VIEWS ACROSS THE

1686
00:56:45,433 --> 00:56:46,033
STATE HERE.

1687
00:56:46,033 --> 00:56:47,467
>> AND ALSO, THIS IS A TOPIC

1688
00:56:47,467 --> 00:56:49,400
THAT WE, AND A PROBLEM THAT WE

1689
00:56:49,400 --> 00:56:51,467
HAVE TO ALL DEAL WITH ON ALL

1690
00:56:51,467 --> 00:56:53,033
SIDES BECAUSE IT IS CERTAINLY

1691
00:56:53,033 --> 00:56:54,867
SOMETHING WE EXPECT IN AMERICA

1692
00:56:54,867 --> 00:56:56,100
TO HAVE.

1693
00:56:56,100 --> 00:56:57,467
A JUDICIAL SYSTEM THAT WORKS.

1694
00:56:57,467 --> 00:56:59,500
>> AND, MIRANDA HAS BEEN AROUND

1695
00:56:59,500 --> 00:57:02,033
FOR A LONG TIME, AS FAR AS THE

1696
00:57:02,033 --> 00:57:03,667
MIRANDA RIGHTS ARE CONCERNED.

1697
00:57:03,667 --> 00:57:05,467
THAT'S THE TIME WE HAVE FOR THIS

1698
00:57:05,467 --> 00:57:06,400
EDITION OF "LOUISIANA PUBLIC

1699
00:57:06,400 --> 00:57:07,633
SQUARE".

1700
00:57:07,633 --> 00:57:10,100
WE ENCOURAGE YOU TO VISIT OUR

1701
00:57:10,100 --> 00:57:11,633
WEBSITE AS LPB.ORG/PUBLICSQUARE.

1702
00:57:11,633 --> 00:57:13,333
WHILE YOU'RE THERE VIEW

1703
00:57:13,333 --> 00:57:14,400
ADDITIONAL SOUND BYTES AND

1704
00:57:14,400 --> 00:57:16,600
COMMENT ON TONIGHT'S SHOW.

1705
00:57:16,600 --> 00:57:17,933
WE WOULD LOVE TO HEAR FROM YOU.

1706
00:57:17,933 --> 00:57:19,267
>> INDEED, WE WOULD.

1707
00:57:19,267 --> 00:57:24,000
NEXT MONTH, DEATHS FROM DRUG

1708
00:57:24,000 --> 00:57:26,467
OVERDOSES HAVE JUMPED ACROSS THE

1709
00:57:26,467 --> 00:57:29,467
U.S. DRIVEN BY AN ADDICTION TO

1710
00:57:29,467 --> 00:57:31,267
PRESCRIPTION PAINKILLERS AND

1711
00:57:31,267 --> 00:57:31,833
HEROIN.

1712
00:57:31,833 --> 00:57:33,267
HEROIN REACHED A RECORD HIGH

1713
00:57:33,267 --> 00:57:35,300
THIS YEAR, EVEN AS THE STATE

1714
00:57:35,300 --> 00:57:36,767
LEGISLATURE HAS INCREASED

1715
00:57:36,767 --> 00:57:39,067
PENALTIES FOR DEALING THE DRUG.

1716
00:57:39,067 --> 00:57:42,667
JOIN US NEXT MONTH FOR OPIATES

1717
00:57:42,667 --> 00:57:43,733
IN THE BAYOU STATE.

1718
00:57:43,733 --> 00:57:45,167
THANKS FOR WATCHING US THIS

1719
00:57:45,167 --> 00:57:45,600
EVENING.

1720
00:57:45,600 --> 00:57:46,033
GOOD NIGHT.

1721
00:57:46,033 --> 00:57:54,833
>> GOOD NIGHT.

1722
00:57:54,833 --> 00:57:56,900
*

1723
00:58:16,267 --> 00:58:18,333
>> FOR A DROP ME OF THIS

1724
00:58:18,333 --> 00:58:26,367
PROGRAM, CALL 1-800-973-7346.

1725
00:58:26,367 --> 00:58:30,233
OR GO ONLINE TO LPB.ORG.

1726
00:58:30,233 --> 00:58:32,367
>> SUPPORT FOR THIS PROGRAM IS

1727
00:58:32,367 --> 00:58:34,733
PROVIDED BY THE FOUNDATION FOR

1728
00:58:34,733 --> 00:58:35,633
EXCELLENCE IN LOUISIANA PUBLIC

1729
00:58:35,633 --> 00:58:37,367
BROADCASTING AND FROM VIEWERS

1730
00:58:37,367 --> 00:58:42,433
LIKE YOU.

1731
00:58:42,433 --> 00:58:42,433
LIKE YOU.