WEBVTT

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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.

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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

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MOORE, THE DISTRICT ATTORNEY OF

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THE 19th JUDICIAL DISTRICT.

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WHAT DO YOU SEE PART OF THE

09:20.067 --> 09:20.467
PROBLEM?

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>> WE SEE THINGS DIFFERENTLY

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THAN THE FACTS YOU ALLEGE HERE.

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I'M NOT SURE WHERE THOSE FACTS

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COME FROM BUT I CAN REALLY ONLY

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SPEAK TO BATON ROUGE.

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WE START WITH DISTRICT ATTORNEYS

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RESPECT PUBLIC DEFENDERS AND WE

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BELIEVE THEY SHOULD BE PROPERLY

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FUNDED.

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THE QUESTION IS HOW ARE THEY

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PROPERLY FUNDED AND HOW ARE THEY

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USING THEIR MONEY?

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SHOULD WE FUND IT OFF THE BACKS

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OF THE PEOPLE THROUGH TRAFFIC

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TICKETS?

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PROBABLY NOT THE BEST WAY TO DO

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IT BUT THAT'S THE WAY WE'VE DONE

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IT FOR A LONG TIME AND CHANGE

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WILL BE DIFFICULT.

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THE SYSTEM HAS TO BE FAIR.

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EVERYBODY HAS TO BE ACCOUNTABLE

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AND THE QUESTION IS WHETHER OR

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NOT THE FUNDS BEING USED NOW ARE

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FUNDED WAY THEY SHOULD BE AND

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USED WAIT THEY SHOULD BE.

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>> THE FIGURES COME FROM THE

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ANNUAL REPORT SO IT IS WRITTEN

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IN STONE, SO TO SPEAK, AS FAR AS

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THE STATE BUDGET IS CONCERNED.

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JOHN WITH THE CAMPAIGN FOR EQUAL

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JUSTICE, WHAT DO YOU THINK ABOUT

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THE WAY IT'S FUNDED?

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>> I THINK THERE IS A BIG

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PROBLEM BECAUSE THE NATURE OF

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THE WORK IS NOT TIED TO THE

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FUNDING MECHANISM SO TRAFFIC

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TICKETS, MOST OF THE PEOPLE CAN

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AFFORD TO PAY FOR IT IT COMES

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FROM A GUILTY FEE SO THOSE ARE

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USUALLY THE ONES DRIVING,

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SPEEDING.

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WE HAVE 13 JURISDICTIONS IN THE

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STATE THAT HAVE NO INTERSTATE OR

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HIGHWAY.

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THERE ARE OVERBURDENED SHERIFFS

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OR POLICE DEPARTMENTS THAT WANT

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TO FOCUS MANPOWER AWAY FROM

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TRAFFIC.

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IT REALLY NEEDS TO HAVE A

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FUNDING SOURCE TIED TO CASE LOAD

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OR WHAT THE LOCAL PUBLIC DEFENSE

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OFFICE HANDLES AND RIGHT NOW

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THAT DOES NOT THAT.

10:46.767 --> 10:48.067
>> THE PROSECUTORS HE

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QUESTIONING, ARE THE PUBLIC

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DEFENDERS SPENDING THEIR MONEY

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THE RIGHT WAY.

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WHAT'S THE BEG BUDGET ITEM

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THAT'S MOVEABLE.

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>> IT IS THE SALARIES FOR THE

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ATTORNEYS.

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IT IS AN EASY WAY TO GET CONTROL

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ON THAT KIND OF SPENDING, IT IS

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TO PAY THE PUBLIC DEFENDERS AT

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THE SAME RATE AS DISTRICT

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ATTORNEYS.

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THEY DO THE SAME KIND OF WORK.

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THEY ARE IN COURT ALL DAY AND

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THERE COULD BE PARITY SO THE

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PROSECUTORS WOULD KNOW, OKAY,

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THE PUBLIC DEFENDERS ARE NOT

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WASTING THEIR MONEY BECAUSE

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THEY'RE PAYING THE SAME AMOUNT.

11:25.500 --> 11:26.800
THEN WE CAN KNOW WHAT WE HAVE TO

11:26.800 --> 11:27.533
BUDGET FOR.

11:27.533 --> 11:29.067
NOW, WHERE WE GET THAT MONEY,

11:29.067 --> 11:32.067
YOU KNOW, THAT'S SOMETHING, I

11:32.067 --> 11:35.033
AGREE WITH WHAT MR. MOORE SAID

11:35.033 --> 11:36.400
THAT TRAFFIC TICKETS IS NOT THE

11:36.400 --> 11:37.867
BEST WAY TO GET THAT MONEY.

11:37.867 --> 11:39.033
WE SHOULD BE SERIOUS IN THIS

11:39.033 --> 11:41.000
STATE AND FUND IT OUT OF THE

11:41.000 --> 11:42.400
STATE GENERAL REVENUES.

11:42.400 --> 11:45.300
>> AS FAR AS THE FUNDING GOES,

11:45.300 --> 11:48.033
ONE OF YOUR DISTRICT ATTORNEYS

11:48.033 --> 11:49.433
YESTERDAY SAYS THIS IS A TRUMPED

11:49.433 --> 11:50.400
UP CRISIS.

11:50.400 --> 11:52.667
SHE HAD A CASE THAT WAS DELAYED.

11:52.667 --> 11:55.567
A VISITING JUDGE, SUPPOSE LEAD A

11:55.567 --> 11:56.667
GANG-RELATED CASE.

11:56.667 --> 11:59.467
REDUCED THE BAIL BECAUSE THE

11:59.467 --> 12:00.833
GENTLEMAN HADN'T GONE TO TRIAL

12:00.833 --> 12:01.533
SOON ENOUGH.

12:01.533 --> 12:04.833
SHE WENT TO YOU AND SAID, WAIT A

12:04.833 --> 12:06.233
MINUTE, I THINK THE PUBLIC

12:06.233 --> 12:07.500
DEFENDER BOARD HAS TRUMPED THIS

12:07.500 --> 12:10.733
WHOLE ISSUE UP AND THIS IS WHAT

12:10.733 --> 12:11.733
WE'RE LEFTED WITH.

12:11.733 --> 12:13.400
>> CLEARLY, THIS HAS BEEN COMING

12:13.400 --> 12:14.933
FOR YEARS AND HAS BEEN SET UP

12:14.933 --> 12:16.967
FOR YEARS AND THIS JUDGE IN THIS

12:16.967 --> 12:20.200
CASE, HIS HANDS WERE TIED BASED

12:20.200 --> 12:22.200
ON THE WRANGLING THAT OCCURRED

12:22.200 --> 12:23.600
SO I BELIEVE SHE IS CORRECT, IT

12:23.600 --> 12:25.400
HAS BEEN COMING FOR YEARS AND IT

12:25.400 --> 12:26.767
IS ASSOCIATE WITH THE DEATH

12:26.767 --> 12:28.333
PENALTY, WE CAN'T OVERLOOK THAT

12:28.333 --> 12:32.033
AND IT IS THE MAKE UP OF THE

12:32.033 --> 12:34.333
BOARD AND HOW IT GETS MONEY TO

12:34.333 --> 12:36.900
LOCAL PUBLIC DEFENDERS.

12:36.900 --> 12:38.033
THEY SHOULD RECEIVE MORE MONEY

12:38.033 --> 12:39.100
FROM THE BOARD AND WE BELIEVE

12:39.100 --> 12:40.133
THE MONEY IS THERE AND COULD BE

12:40.133 --> 12:41.533
THERE FROM OTHER SOURCES AND

12:41.533 --> 12:43.367
THEY CAN DO A BETTER JOB OF

12:43.367 --> 12:44.600
COLLECTING MORE MONEYS WITH OUR

12:44.600 --> 12:46.033
HELP AND IT IS JUST NOT BEING

12:46.033 --> 12:46.400
DONE.

12:46.400 --> 12:48.033
>> WHO IS ACTUALLY ELIGIBLE FOR

12:48.033 --> 12:49.967
PUBLIC DEFENDER SERVICES?

12:49.967 --> 12:52.333
IN OTHER WORDS, HOW IS LOUISIANA

12:52.333 --> 12:54.767
DEFINED INDIGENT.

12:54.767 --> 12:56.400
>> I BELIEVE IT IS DIFFERENT

12:56.400 --> 12:57.567
ACROSS DISTRICTS.

12:57.567 --> 12:59.733
IN LAFAYETTE, THERE IS AN

12:59.733 --> 13:01.067
INQUIRY MADE BY THE COMMISSIONER

13:01.067 --> 13:06.033
AT THE 72-HOUR HEARING AS HOW

13:06.033 --> 13:09.833
WHETHER OR NOT THE PERSON AFFORD

13:09.833 --> 13:12.267
COUNSEL, AND IF NOT, THEY'RE

13:12.267 --> 13:14.100
SCENED AND ASSESSED A FEE BASED

13:14.100 --> 13:15.267
ON THAT SCREENING.

13:15.267 --> 13:18.933
SO IF THE PERSON IS CONSIDERED

13:18.933 --> 13:20.800
INDIGENT BUT ABLE TO PAY SOME

13:20.800 --> 13:22.433
AMOUNT, THAT AMOUNT IS

13:22.433 --> 13:23.667
CALCULATED AND THEY ARE REQUIRED

13:23.667 --> 13:24.400
TO PAY THAT.

13:24.400 --> 13:25.933
ALL OF THOSE PROCESSES ARE PART

13:25.933 --> 13:28.600
OF THE AUDIT THAT HAPPENS EVERY

13:28.600 --> 13:30.600
YEAR WITH OUR PUBLIC DEFENDER'S

13:30.600 --> 13:32.100
OFFICE AND EVERY PUBLIC

13:32.100 --> 13:33.533
DEFENDER'S OFFICE ACROSS THE

13:33.533 --> 13:35.267
STATE, SO I THINK THIS WAS KIND

13:35.267 --> 13:36.867
OF ALLEGATION IS BEING THROWN

13:36.867 --> 13:38.033
AROUND THIS THE PUBLIC

13:38.033 --> 13:40.067
DEFENDER'S OFFICE TAKES ON MORE

13:40.067 --> 13:41.633
CASES THAN IT NECESSARILY SHOULD

13:41.633 --> 13:44.300
IN TERMS OF PEOPLE WHO AREN'T

13:44.300 --> 13:47.467
ACTUALLY INDIGENT, I THINK THAT

13:47.467 --> 13:48.933
IS A RED HERRING IN THIS.

13:48.933 --> 13:50.933
IT IS POSSIBLE THAT A FEW PEOPLE

13:50.933 --> 13:56.067
WHO POTENTIALLY COULD HIRE

13:56.067 --> 13:57.367
PRIVATE COUNSEL DO END UP

13:57.367 --> 13:59.033
GETTING REPRESENTED BY PUBLIC

13:59.033 --> 13:59.967
DEFENDERS BUT I THINK THAT

13:59.967 --> 14:01.100
NUMBER IS SO SMALL AND

14:01.100 --> 14:02.633
INSIGNIFICANT THAT WE'RE REALLY

14:02.633 --> 14:03.867
WASTING TIME ON THAT DISCUSSION

14:03.867 --> 14:05.667
WHEN THERE IS A MUCH BIGGER

14:05.667 --> 14:06.867
ISSUE AT HAND.

14:06.867 --> 14:09.200
>> DAVID BURDEN FROM THE

14:09.200 --> 14:13.100
LOUISIANA DISTRICT ATTORNEY'S

14:13.100 --> 14:14.033
ASSOCIATION, LET ME ASK YOU

14:14.033 --> 14:15.333
THIS, IS SHE BRINGING UP A GOOD

14:15.333 --> 14:17.733
POINT, THIS IS A RED HERRING,

14:17.733 --> 14:21.933
MAYBE PEOPLE WHO ARE INDIGENT AN

14:21.933 --> 14:22.967
DESERVE REPRESENTATION AND

14:22.967 --> 14:24.400
THEY'RE NOT SCAMMING THE SYSTEM.

14:24.400 --> 14:27.467
>> WE UNDERSTAND THE DEFAULT IS

14:27.467 --> 14:29.500
SIMPLY TO APPOINT CANALS, IT IS

14:29.500 --> 14:32.233
THE EASIEST THING TO DO --

14:32.233 --> 14:33.967
APPOINT COUNSEL, AND IT IS THE

14:33.967 --> 14:36.333
EASIEST THING TO DO AND MOVES

14:36.333 --> 14:36.833
ALONG.

14:36.833 --> 14:41.567
MANY ARE RECEIVING COUNSEL WHEN

14:41.567 --> 14:47.900
SHE THUD SHUTDOWN                  

14:47.900 --> 14:49.667
SHOULD NOT BE.

14:49.667 --> 14:53.833
SECTION 175 REQUIRED A $45

14:53.833 --> 14:55.000
ENROLLMENT FEE.

14:55.000 --> 14:56.900
SECTION 176 REQUIRES JUDGES

14:56.900 --> 14:58.500
PERFORM A FURTHER SCREENING TO

14:58.500 --> 14:59.667
DETERMINE IF THEY CAN PAY OVER

14:59.667 --> 15:01.367
AND LOVE THE $40.

15:01.367 --> 15:04.767
IF YOU EXAM A 2014 AND 2015

15:04.767 --> 15:06.633
ANNUAL REPORTS OF THE PUBLIC

15:06.633 --> 15:07.900
DEFENDER BOARD, YOU WILL FIND

15:07.900 --> 15:14.767
THOSE PROVISIONS OF THE LAW ARE

15:14.767 --> 15:16.900
BEING IGNORED AND WE FEEL THERE

15:16.900 --> 15:18.900
IS A LOT OF MONEY BEING LEFT ON

15:18.900 --> 15:20.933
THE TABLE THAT THEY CAN PAY OVER

15:20.933 --> 15:22.400
AND ABOVE THE $40.

15:22.400 --> 15:25.133
WE COLLECTED OVER $60,000 LAST

15:25.133 --> 15:26.200
YEAR FROM DEFENDANTS WHO COULD

15:26.200 --> 15:28.600
AFFORD TO PAY MORE THAN THE $40.

15:28.600 --> 15:30.733
THEY PERHAPS CAN'T PAY SEVERAL

15:30.733 --> 15:33.600
THOUSAND DOLLARS TO HIRE AN

15:33.600 --> 15:36.633
ATTORNEY IN A CRIMINAL CASE IT

15:36.633 --> 15:40.433
TO THE JUDGE TO EXAMINE THOSE

15:40.433 --> 15:41.367
RECEIVING COUNSEL TO DETERMINE

15:41.367 --> 15:42.533
HOW MUCH THEY CAN AFFORD TO PAY,

15:42.533 --> 15:44.267
ORDER THEM TO PAY THOSE SUMS OF

15:44.267 --> 15:45.800
MONEY AND DO WHAT THEY CAN TO

15:45.800 --> 15:47.200
COLLECT THEM FOR THE LOCAL

15:47.200 --> 15:48.300
PUBLIC DEFENDERS.

15:48.300 --> 15:51.133
>> DO YOU THINK IS BEING DONE IN

15:51.133 --> 15:52.233
EACH JUDICIAL DISTRICT ACROSS

15:52.233 --> 15:52.667
THE STATE.

15:52.667 --> 15:53.300
>> ABSOLUTELY NOT.

15:53.300 --> 15:54.133
>> WHY NOT?

15:54.133 --> 15:55.133
>> I DON'T KNOW.

15:55.133 --> 15:57.200
YOU WILL HAVE TO ASK THE PUBLIC

15:57.200 --> 15:59.200
DEFENDERS IN EACH OF THOSE

15:59.200 --> 16:00.267
JUDICIAL DISTRICTS.

16:00.267 --> 16:05.367
WE OFTEN COLLECT MORE MONEY IN A

16:05.367 --> 16:07.133
DISTRICT OF 36,000 PEOPLE THAN

16:07.133 --> 16:08.233
THE NEW ORLEANS PARRISH.

16:08.233 --> 16:10.400
SOMETHING IS WRONG WITH THAT

16:10.400 --> 16:10.800
SYSTEM.

16:10.800 --> 16:12.067
>> YOU SAID YOU HAVE TO ASK THE

16:12.067 --> 16:13.933
PUBLIC DEFENDERS THAT, BUT

16:13.933 --> 16:15.067
THAT'S NOT WHAT HE SAID

16:15.067 --> 16:16.200
THROUGHOUT THE FIRST PART OF

16:16.200 --> 16:16.867
HITS STATEMENT.

16:16.867 --> 16:19.067
YOU HAVE TO ASK THE JUDGES THAT.

16:19.067 --> 16:20.533
HE SAID THAT THESE THINGS ARE

16:20.533 --> 16:22.200
NOT DONE BECAUSE THE CASES ARE

16:22.200 --> 16:23.600
MOVED ALONG THROUGH THE SYSTEM.

16:23.600 --> 16:26.067
WHO MOVES THE CASE ALONG IN A

16:26.067 --> 16:26.533
COURTROOM?

16:26.533 --> 16:28.067
WHO CONTROLS THE COURTROOM?

16:28.067 --> 16:29.300
THE JUDGE WHO IS RESPONSIBLE FOR

16:29.300 --> 16:30.233
THESE DETERMINATIONS IN.

16:30.233 --> 16:31.200
>> THE JUDGE.

16:31.200 --> 16:33.467
NOT THE PUBLIC DEFENDERS SOME

16:33.467 --> 16:34.833
THEN CONCLUDE YOUR STATEMENT AND

16:34.833 --> 16:36.600
SAY THE PUBLIC DEFENDERS HAVE TO

16:36.600 --> 16:38.667
GET THIS RIGHT, I THINK IS

16:38.667 --> 16:39.100
MISGUIDED.

16:39.100 --> 16:40.800
I THINK IF YOU HAVE SOMEBODY TO

16:40.800 --> 16:42.233
COMPLAIN TO, IT SHOULD BE TO THE

16:42.233 --> 16:43.800
JUDGES BASED ON THE FIRST PART

16:43.800 --> 16:44.667
OF YOUR STATEMENT.

16:44.667 --> 16:46.167
>> ACTUALLY, STEVEN, I THINK IT

16:46.167 --> 16:47.933
IS A COMBINED RESPONSIBILITY.

16:47.933 --> 16:49.067
IT IS THE RESPONSIBILITY OF BOTH

16:49.067 --> 16:51.333
THE PUBLIC DEFENDERS

16:51.333 --> 16:52.800
PARTICULARLY WITH RESPECT TO THE

16:52.800 --> 16:55.100
$40 EVERYONE ROLLMENT FEE WHICH

16:55.100 --> 17:00.700
DOES IN THE REQUIRE A COURT

17:00.700 --> 17:01.233
ORDER.

17:01.233 --> 17:02.367
YOU'RE CORRECT, IT IS ABSOLUTELY

17:02.367 --> 17:03.600
THE RESPONSIBILITY OF THE JUDGES

17:03.600 --> 17:06.467
IN THOSE CASES AND THEY'RE NOT

17:06.467 --> 17:09.000
FULFILLING THAT RESPONSIBILITY

17:09.000 --> 17:11.900
IN MANY, IF NOT MOST OF THE

17:11.900 --> 17:13.033
DISTRICTS AROUND THE STATE.

17:13.033 --> 17:14.367
>> DO YOU THINK PRIVATE LAWYERS,

17:14.367 --> 17:17.333
IF WE'RE OUT OF PUBLIC

17:17.333 --> 17:18.433
DEFENDERS, DINE PRIVATE LAWYERS

17:18.433 --> 17:21.433
SHOULD BE APPOINTED TO REPRESENT

17:21.433 --> 17:31.300
PEOPLE WHO ARE INDIGENT.

17:31.300 --> 17:33.067
>> I DON'T NECESSARILY AGREE

17:33.067 --> 17:33.567
WITH IT.

17:33.567 --> 17:34.500
>> WHY IS THAT.

17:34.500 --> 17:39.867
>> YOU'RE THROWING ATTORNEYS IN

17:39.867 --> 17:42.900
THERE THAT DON'T DO THIS ON A

17:42.900 --> 17:44.333
DAILY BASIS, THEY DON'T

17:44.333 --> 17:47.500
REPRESENT DEFENDANTS ON A DAILY

17:47.500 --> 17:48.100
BASIS.

17:48.100 --> 17:51.633
WE ALL WENT TO LAW SCHOOL WE CAN

17:51.633 --> 17:53.767
ALL KNOW THE LAW, BUT YOU GET

17:53.767 --> 17:55.467
SPECIALIZED IN ONE AREA OF

17:55.467 --> 17:56.767
PRACTICE, ESPECIALLY WHEN IT

17:56.767 --> 17:58.233
COMES TO PUBLIC DEFENSE.

17:58.233 --> 17:59.933
YOU'RE DEALING WITH A PARTICULAR

17:59.933 --> 18:01.467
REALM, A GROUP OF PEOPLE THAT

18:01.467 --> 18:04.933
ARE MORE IN NEED IN DIFFERENT

18:04.933 --> 18:05.400
WAYS.

18:05.400 --> 18:06.800
WE HAVE NO HEALTH ISSUES THAT WE

18:06.800 --> 18:08.500
DEAL WITH THAT PRIVATE ATTORNEYS

18:08.500 --> 18:09.933
DON'T DEAL WITH AND MOST PEOPLE

18:09.933 --> 18:14.933
DON'T EVEN KNOW THE LAWS TO IT.

18:14.933 --> 18:15.800
IS MORE SPECIALIZED.

18:15.800 --> 18:18.500
>> YOU DON'T GO TO A GENERAL

18:18.500 --> 18:20.700
PRACTITIONER, YOU GO TO AN

18:20.700 --> 18:22.933
ONCOLOGIST IF YOU HAVE CANCER.

18:22.933 --> 18:24.333
WE'VE RUN OUT OF TIME FOR THIS

18:24.333 --> 18:25.700
SECTION OF THE SHOW.

18:25.700 --> 18:28.000
WHEN WE RETURN, WE WILL BE

18:28.000 --> 18:31.000
JOINED BY A PANEL OF EXPERTS TO

18:31.000 --> 18:31.633
EXPLORE

18:31.633 --> 18:32.567
JUSTICE ON HOLD: LOUISIANA'S

18:32.567 --> 18:37.233
PUBLIC DEFENDER SHORTAGE.

18:37.233 --> 18:39.633
*

18:41.933 --> 18:44.833
>> WELCOME BACK TO "LOUISIANA

18:44.833 --> 18:45.467
PUBLIC SQUARE".

18:45.467 --> 18:46.667
TONIGHT WE'RE DISCUSSING

18:46.667 --> 18:48.300
LOUISIANA'S PUBLIC DEFENDER

18:48.300 --> 18:48.833
SHORTAGE.

18:48.833 --> 18:53.067
JOINING US NOW, OUR PANEL OF

18:53.067 --> 18:53.600
EXPERTS.

18:53.600 --> 18:55.500
MARJORIE EISMAN, THE EXECUTIVE

18:55.500 --> 18:57.667
DIRECTOR OF THE ACLU WHO HAS

18:57.667 --> 18:59.933
FILED A SUIT AGAINST THE NEW

18:59.933 --> 19:01.667
ORLEANS PUBLIC DEFENDER OFFICE

19:01.667 --> 19:04.067
FOR THOSE WHO LACK

19:04.067 --> 19:04.600
REPRESENTATIVE.

19:04.600 --> 19:06.400
PETE ADAMS, THE DISTRICT

19:06.400 --> 19:07.867
ATTORNEYS ASSOCIATION,

19:07.867 --> 19:09.867
REPRESENTED LOUISIANA

19:09.867 --> 19:14.267
PROSECUTORS IN THE LEGISLATURE

19:14.267 --> 19:15.333
SINCE 1975.

19:15.333 --> 19:17.367
WE HAVE JAY DIXON, SERVED AS

19:17.367 --> 19:20.533
DISTRICT DEFENDER ON OR IN THE

19:20.533 --> 19:23.733
DEFENDER'S OFFICE IN SAINT JOHN,

19:23.733 --> 19:28.300
LAFAYETTE AND OTHER PARRISHES.

19:28.300 --> 19:31.033
AND, SENATE DAN CLAITOR,

19:31.033 --> 19:32.367
OVERSEES PUBLIC DEFENSE IN THE

19:32.367 --> 19:35.000
STATE AND SERVES AS AN ASSISTANT

19:35.000 --> 19:36.933
DISTRICT ATTORNEY IN NEW ORLEANS

19:36.933 --> 19:37.533
PARRISH.

19:37.533 --> 19:40.133
BEFORE THE AUDIENCE QUESTIONS,

19:40.133 --> 19:41.900
FIRST WOULD LIKE TO ASK EACH OF

19:41.900 --> 19:43.233
YOU, IS THE FUNDING SITUATION AT

19:43.233 --> 19:47.100
A CRISIS LEVEL AT THIS POINT?

19:47.100 --> 19:48.167
MARJORIE, I WILL START WITH YOU.

19:48.167 --> 19:50.067
>> FIRST I WANT TO CLARIFY THE

19:50.067 --> 19:52.333
LAWSUIT WE FILED ALSO AGAINST

19:52.333 --> 19:55.267
MR. FIXst DIXON HERE IN HIS

19:55.267 --> 19:57.567
CAPACITY FOR THE CHIEF PUBLIC

19:57.567 --> 19:59.233
DEFENDER FOR THE STATE OF

19:59.233 --> 20:01.567
LOUISIANA SO HE AND I ARE AT

20:01.567 --> 20:04.267
OPPOSITE ENDS OF A LAWSUIT.

20:04.267 --> 20:05.667
I'M NOT PRIVY TO THE BUDGET SO I

20:05.667 --> 20:06.933
CAN'T TELL YOU IF THE FUNDING IS

20:06.933 --> 20:08.767
A CRISIS, I CAN ONLY TELL YOU IT

20:08.767 --> 20:10.700
IS A CRISIS WHEN WE HAVE PEOPLE

20:10.700 --> 20:13.433
WHO HAVE A CONSTITUTIONAL RIGHT

20:13.433 --> 20:14.567
TO COUNSEL AND ARE NOT GETTING

20:14.567 --> 20:15.067
IT.

20:15.067 --> 20:16.733
THAT'S THE BASIS OF OUR LAWSUIT,

20:16.733 --> 20:18.433
THERE ARE PEOPLE SITTING IN JAIL

20:18.433 --> 20:20.433
BECAUSE DESPITE THEIR

20:20.433 --> 20:21.500
CONSTITUTIONAL RIGHT TO COUNSEL,

20:21.500 --> 20:23.367
THEY'RE NOT BEING ASSIGNED

20:23.367 --> 20:23.900
LAWYERS.

20:23.900 --> 20:25.967
THE PUBLIC DEFENDERS ARE SAYING,

20:25.967 --> 20:27.733
AND NERVE REASON TO DISBELIEVE

20:27.733 --> 20:29.500
THEM, THE REASON THEY CAN'T

20:29.500 --> 20:30.833
PROVIDE LAWYERS BECAUSE THEY

20:30.833 --> 20:32.367
DON'T HAVE THE MONEY.

20:32.367 --> 20:33.533
THE CONSTITUTIONAL CRISIS IS

20:33.533 --> 20:37.033
THAT PEOPLE WHO HAVE THE RIGHT

20:37.033 --> 20:38.500
TO COUNSEL DON'T HAVE COUNSEL.

20:38.500 --> 20:39.433
>> PETE , WHAT DO YOU SAY TO

20:39.433 --> 20:39.767
THAT?

20:39.767 --> 20:41.733
>> MUCH TO THE SHOCK OF MY

20:41.733 --> 20:43.500
MINUTES, I'M GOING AGREE WITH

20:43.500 --> 20:44.700
MARJORIE ON THIS ONE.

20:44.700 --> 20:47.033
I DON'T KNOW THE BUDGET FIGURES

20:47.033 --> 20:48.133
AND HOW ACCURATE THEY ARE.

20:48.133 --> 20:49.667
I KNOW FROM MY DISTRICT

20:49.667 --> 20:52.067
ATTORNEYS, AND I'M HERE JUST

20:52.067 --> 20:54.333
REPRESENTING THEM THAT THERE

20:54.333 --> 20:56.733
APPARENTLY IS A CRISIS BECAUSE

20:56.733 --> 20:58.600
DEFENDANTS ARE NOT BEING

20:58.600 --> 20:59.133
REPRESENTED.

20:59.133 --> 21:01.700
CASES ARE BEING STALLED.

21:01.700 --> 21:02.967
I QUESTION THE DEPTH OF THAT

21:02.967 --> 21:04.433
CRISIS AND SOME OF THE FACTS

21:04.433 --> 21:06.467
THAT ARE ALLEGED SUPPORTING IT,

21:06.467 --> 21:08.333
BUT APPARENTLY THERE IS A

21:08.333 --> 21:08.800
CRISIS.

21:08.800 --> 21:10.800
>> THE QUESTION IS, IS THE

21:10.800 --> 21:12.400
FUNDING THAT HAS BEEN PROVIDED

21:12.400 --> 21:15.300
FOR THEM, HAS THAT FUNDING, IS

21:15.300 --> 21:16.467
THAT FINALLY THE PROBLEM?

21:16.467 --> 21:18.367
OR IS IT A SPENDING PROBLEM?

21:18.367 --> 21:21.167
>> I DON'T KNOW THE ANSWER TO

21:21.167 --> 21:21.567
THAT.

21:21.567 --> 21:22.800
>> JAMES DIXON?

21:22.800 --> 21:29.167
>> YES, WE ARE IN THE MIDST OF A

21:29.167 --> 21:30.933
CRISIS, IT HAS BEEN BUILDING FOR

21:30.933 --> 21:31.300
YEARS.

21:31.300 --> 21:33.800
WE HAVE A DONE OUR BEST TO SEND

21:33.800 --> 21:35.033
ASSETS AND FUNDS TO THE

21:35.033 --> 21:37.600
DISTRICTS THAT NEED THE MOST,

21:37.600 --> 21:38.933
BUT WE HAVE GOTTEN TO THE POINT

21:38.933 --> 21:40.433
WE CAN NO LONGER HELP THE

21:40.433 --> 21:42.267
DISTRICTS THAT ARE, IN FACT, IN

21:42.267 --> 21:45.000
CRISIS AND THAT CRISIS IS

21:45.000 --> 21:45.533
SPREADING.

21:45.533 --> 21:47.100
WE HAD EIGHT DISTRICTS THAT WERE

21:47.100 --> 21:48.800
IN FISCAL CRISIS LAST YEAR.

21:48.800 --> 21:50.600
WE ARE NOW UP TO 13 AND WE

21:50.600 --> 21:51.700
EXPECT MORE COMING.

21:51.700 --> 21:54.867
SO IT IS A CRISIS THAT IS

21:54.867 --> 21:56.700
BUILDING AND IS SPREADING

21:56.700 --> 21:58.500
THROUGHOUT THE STATE.

21:58.500 --> 22:01.767
>> DAN CLAITOR, YOU ARE THE ONE

22:01.767 --> 22:03.100
WITH THE PURSE STRINGS HERE.

22:03.100 --> 22:04.733
WHAT IS THE LEGISLATURE'S HAND

22:04.733 --> 22:05.267
IN THIS?

22:05.267 --> 22:07.367
>> CERTAINLY WE ARE IN A CRISIS,

22:07.367 --> 22:09.100
AS FAR AS THE FUNDING AND IT IS

22:09.100 --> 22:10.733
NOT JUST FOR THE PUBLIC

22:10.733 --> 22:12.400
DEFENDER, IT IS FOR THE DA, IT

22:12.400 --> 22:14.567
IS FOR THE POLICE, STATE POLICE,

22:14.567 --> 22:15.867
IT IS FOR EVERYBODY IN OUR

22:15.867 --> 22:16.400
STATE.

22:16.400 --> 22:18.533
WE'VE GOT SOME SERIOUS FINANCIAL

22:18.533 --> 22:19.633
DIFFICULTIES OF THE.

22:19.633 --> 22:21.467
WE'RE COMING UP $2 BILLION SHORT

22:21.467 --> 22:22.767
IN NEXT YEAR'S BUDGET.

22:22.767 --> 22:25.000
ARE WE GOING TO FIND AN ANSWER?

22:25.000 --> 22:26.433
I THINK ULTIMATELY, WE WILL.

22:26.433 --> 22:28.367
IT IS NOT JUST ABOUT

22:28.367 --> 22:30.733
REPRESENTATION, PER SE, IT IS

22:30.733 --> 22:32.000
LET'S ABOUT SPEEDY TRIAL AND

22:32.000 --> 22:33.433
THAT'S NOT JUST THE DEFENDANT'S

22:33.433 --> 22:34.833
RIGHT BUT I WOULD SAY ALSO THE

22:34.833 --> 22:36.967
VICTIM AND THE PUBLIC IS ALSO

22:36.967 --> 22:38.733
INTERESTED IN HAVING A SPEEDY

22:38.733 --> 22:40.733
TRIAL, AS WELL SO YES, THERE IS

22:40.733 --> 22:41.533
A MONEY PROBLEM.

22:41.533 --> 22:43.733
>> AND ONE OF OUR AUDIENCE

22:43.733 --> 22:46.500
MEMBERS WITH THE LOUISIANA

22:46.500 --> 22:48.567
LEGISLATIVE YOUTH ADVISORY

22:48.567 --> 22:50.467
COUNCIL IS ASKING, HOW LONG IS A

22:50.467 --> 22:52.800
PERSON ALLOWED TO BE IN JAIL

22:52.800 --> 22:55.300
BEFORE THEY GO TO TRIAL?

22:55.300 --> 22:56.733
BEFORE THEIR CONSTITUTIONAL

22:56.733 --> 22:58.900
RIGHTS ARE VIOLATED?

22:58.900 --> 23:01.333
MARJORIE, WHAT'S THE BASELINE?

23:01.333 --> 23:04.067
>> WELL, I WOULD ACTUALLY DEFER

23:04.067 --> 23:05.667
TO JAY HERE, WHO KNOWS THE

23:05.667 --> 23:11.733
CRIMINAL CODE BETTER THAN I DO.

23:11.733 --> 23:13.467
OAK GIVE YOU THE NUMBER THAT I

23:13.467 --> 23:14.267
CAN'T GIVE YOU.

23:14.267 --> 23:16.833
I WILL TELL I BECAUSE THERE IS A

23:16.833 --> 23:18.467
CONSTITUTIONAL RIGHT TO A SPEEDY

23:18.467 --> 23:20.367
TRIAL WE CAN'T KEEP PEOPLE

23:20.367 --> 23:23.400
LOCKED UP FOR NO REASON OTHER

23:23.400 --> 23:25.933
THAN WE CAN'T PROVIDE THEM A

23:25.933 --> 23:26.333
LAWYER.

23:26.333 --> 23:30.100
PEOPLE ARE ENTITLED TO A BAIL

23:30.100 --> 23:31.333
HEARING AND PROCEDURAL THINGS

23:31.333 --> 23:33.033
AND NONE OF THAT CAN HAPPEN IF

23:33.033 --> 23:34.533
SOMEBODY WANT AS LAWYER AND

23:34.533 --> 23:35.467
CAN'T HAVE ONE.

23:35.467 --> 23:37.433
SO IT IS MORE THAN JUST A NUMBER

23:37.433 --> 23:39.333
OF DAYS BEFORE THE TRIAL, IT IS

23:39.333 --> 23:41.033
WHAT HAPPENS LONG BEFORE THE

23:41.033 --> 23:41.733
TRIAL BEGINS.

23:41.733 --> 23:43.467
>> WHAT IS THE ACTUAL FIGURE, OR

23:43.467 --> 23:44.067
IS THERE?

23:44.067 --> 23:46.167
>> THAT'S WHERE IT GETS TRICKY.

23:46.167 --> 23:48.733
THERE IS A TRIGGER MECHANISM

23:48.733 --> 23:50.433
THAT WILL BEGIN YOUR SPEEDY

23:50.433 --> 23:52.133
TRIAL RIGHTS.

23:52.133 --> 23:55.433
IT REQUIRES A MOTION TO ACTUALLY

23:55.433 --> 23:57.200
ASSERT THAT LIGHT, STATUTORILY.

23:57.200 --> 23:58.767
WHAT HAVE YOU ARE PEOPLE WITHOUT

23:58.767 --> 24:01.767
REPRESENTATION AND NO WAY TO

24:01.767 --> 24:07.500
STATUTORILY TRIG THEY'RE RIGHT, TRIGGER 

24:07.500 --> 24:09.233
SO YOU THIS FOLKS IN JAIL WHO

24:09.233 --> 24:12.133
ARE SIMPLY LANGUISHING AND THEY

24:12.133 --> 24:13.900
CAN'T ASSERT THAT RIGHT IN ANY

24:13.900 --> 24:15.167
MEANINGFUL WAY, THEY DON'T HAVE

24:15.167 --> 24:16.767
A LAWYER TO ASSERT THAT RIGHT IN

24:16.767 --> 24:18.300
ANY MEANINGFUL WAY, SO THE

24:18.300 --> 24:19.933
QUESTION IS WHEN DOES THAT

24:19.933 --> 24:21.833
ACTUALLY TRIGGER THEIR RIGHT TO

24:21.833 --> 24:22.967
A SPEEDY TRIAL.

24:22.967 --> 24:24.133
WHAT I WOULD SUGGEST IS THE FACT

24:24.133 --> 24:26.067
THAT THEY ARE IN JAIL AND

24:26.067 --> 24:27.600
UNREPRESENTED HAS TRIGGERED THAT

24:27.600 --> 24:28.000
ALREADY.

24:28.000 --> 24:30.900
>> AS A TACKLE MATTER, ARTICLE

24:30.900 --> 24:32.167
701, WHICH IS THE TRIGGER THAT

24:32.167 --> 24:35.667
DAVE IS TAKING ABOUT, JAILHOUSE

24:35.667 --> 24:37.200
LAWYERS FIGURE THAT OUT AFTER A

24:37.200 --> 24:38.700
PERIOD OF TIME AND START FILING

24:38.700 --> 24:40.667
THE MOTIONS THEMSELVES DIRECTLY.

24:40.667 --> 24:43.133
WE SAW ISSUES WITH THIS AS IT

24:43.133 --> 24:44.100
RELATED TO KATRINA AND PEOPLE

24:44.100 --> 24:46.233
WERE LANGUAGE WISHING IN JAIL

24:46.233 --> 24:48.500
AND NONE WANTS INNOCENT PEOPLE

24:48.500 --> 24:49.867
TO SIT?

24:49.867 --> 24:51.733
JAIL AND WE DON'T WANT PEOPLE

24:51.733 --> 24:53.367
THAT DON'T PRESENT A DANGER TO

24:53.367 --> 24:53.733
SIT?

24:53.733 --> 24:55.367
JAIL BUT IT IS A SYMPTOM OF THE

24:55.367 --> 24:56.767
MONEY CRISIS WE'RE TALKING

24:56.767 --> 24:57.100
ABOUT.

24:57.100 --> 24:58.533
>> I WAS GOING TO SAY, PEOPLE DO

24:58.533 --> 24:59.967
FALL THROUGH THE CRACKS AND THEY

24:59.967 --> 25:12.533
ARE SITTING IN JAIL WITH THEIR

25:12.533 --> 25:14.333
REPRESENTATION IT IS A MESS QUIZ

25:14.333 --> 25:14.833
SYSTEM.

25:14.833 --> 25:15.967
YOU HAVE YOUR CONSTITUTIONAL

25:15.967 --> 25:18.667
RIGHTS TO A LAWYER AND WE DO DO

25:18.667 --> 25:27.933
BETTER BUT IT FILTERS OUT TO THE

25:27.933 --> 25:29.433
JAILHOUSE WE DON'T LIKE THAT BUT

25:29.433 --> 25:29.967
IT HAPPENS.

25:29.967 --> 25:31.333
>> THERE ARE PEOPLE WHO LACK THE

25:31.333 --> 25:34.267
CAPACITY TO FILE THEIR OWN

25:34.267 --> 25:34.967
MOTIONS FORLORN REASON OR

25:34.967 --> 25:36.067
ANOTHER AND THE REASONS ARE MANY

25:36.067 --> 25:38.367
AND VARIED BUT NOT EVERYBODY HAS

25:38.367 --> 25:40.867
THE CAPACITY TO FILE A NOTION

25:40.867 --> 25:45.767
PROPER PERSON.

25:45.767 --> 25:48.300
BUT, ALSO THE ARONNIE IS AS

25:48.300 --> 25:51.267
PEOPLE -- IRONY IS AS PEOPLE

25:51.267 --> 25:53.067
LANGUISH JAIL, THAT IS COSTING

25:53.067 --> 25:55.100
THE TAXPAYER MONEY.

25:55.100 --> 25:57.033
WE'RE NOT PAYING THE LAWYERS TO

25:57.033 --> 25:58.333
MOVE IT FORWARD AND GET THE

25:58.333 --> 25:59.800
PEOPLE OUT OF JAIL, SO THE MONEY

25:59.800 --> 26:02.467
IS BEING SPENT ANYWAY SO TO GO

26:02.467 --> 26:04.533
BACK TO ASKING PRIVATE ATTORNEYS

26:04.533 --> 26:07.467
TO DO PRO BONO CASES, I'M NOW

26:07.467 --> 26:09.033
SAYING GET AN INSURANCE LAWYER

26:09.033 --> 26:10.800
TO DO CRIMINAL DEFENSE, BUT

26:10.800 --> 26:12.233
SOMEBODY IN CRIMINAL DEFENSE CAN

26:12.233 --> 26:14.300
THEY NOT BE ASKED TO HELP OUT?

26:14.300 --> 26:16.467
THEY HAVE THE EXPERTISE.

26:16.467 --> 26:18.667
CAN THEY AND SHOULD THEY?

26:18.667 --> 26:20.467
>> SO, IT IS A DUTY OF EVERY

26:20.467 --> 26:24.533
LAWYER TO PROVIDE PRO BONO

26:24.533 --> 26:25.100
REPRESENTATION.

26:25.100 --> 26:25.867
OUR TURN IS THIS.

26:25.867 --> 26:27.933
THERE COME AS POINT WHEN IT IS

26:27.933 --> 26:30.867
NO LONGER PRO BONO

26:30.867 --> 26:32.133
REPRESENTATION, AND WHAT IS

26:32.133 --> 26:34.100
BEING FORCED UPON THE PRIVATE

26:34.100 --> 26:37.267
BAR IS THE STATE DUTY TO PROVIDE

26:37.267 --> 26:43.267
A

26:43.267 --> 26:44.133
DEFENSE.

26:44.133 --> 26:46.833
IT IS SO WIDESPREAD IN SOME

26:46.833 --> 26:49.800
INSTANCES IT IS NOT A PROBONE

26:49.800 --> 26:53.133
KNOWN               PRO BONO

26:53.133 --> 26:54.467
CASE ANY MORE.

26:54.467 --> 26:59.633
>> AND IT SETS UP INEFFECTIVE

26:59.633 --> 27:01.233
COUNSEL CLAIM BECAUSE WE'RE NOT

27:01.233 --> 27:03.700
PROVIDING APPROPRIATE COUNSEL AT

27:03.700 --> 27:04.600
THAT POINT.

27:04.600 --> 27:05.833
I THINK EVERYBODY THAT HAS BEEN

27:05.833 --> 27:09.400
A LAWYER IN THE CRIMINAL COURT

27:09.400 --> 27:11.400
HAS HAS BEEN APPOINTED ALONG THE

27:11.400 --> 27:11.733
WAY.

27:11.733 --> 27:14.400
I DIDN'T TURN IN A BILL FOR MY

27:14.400 --> 27:15.533
REPRESENTATION BUT THAT'S NOT

27:15.533 --> 27:17.033
THE IDEAL WAY TO DO IT.

27:17.033 --> 27:19.233
>> FROM THE AUDIENCE, WE HAVE

27:19.233 --> 27:21.267
WILLIAMS WITH THE LSU HONORS

27:21.267 --> 27:21.900
COLLEGE.

27:21.900 --> 27:22.967
HE HAS QUESTION ABOUT FUNDING

27:22.967 --> 27:24.667
FOR REGULAR PUBLIC DEFENDERS AND

27:24.667 --> 27:27.567
THEN FUNDING FOR THOSE WHO ACT

27:27.567 --> 27:28.833
IN CAPITAL CASES WHERE EXECUTION

27:28.833 --> 27:30.133
IS ON THE TABLE.

27:30.133 --> 27:30.567
WILLIAM?

27:30.567 --> 27:32.200
>> GIVEN THAT WE'RE SEEING A

27:32.200 --> 27:34.400
BUDGET CUT DOWN TO ABOUT A THIRD

27:34.400 --> 27:36.533
OR LESS OR AROUND FRACTIONS OF

27:36.533 --> 27:38.500
THE NORMAL BUDGET THAT WE SEE

27:38.500 --> 27:40.400
FOR PUBLIC DEFENDERS AND WE SEE

27:40.400 --> 27:43.433
ON A GIVEN YEAR AROUND 33

27:43.433 --> 27:45.433
MILLION, THAT WAS PROJECTED FOR

27:45.433 --> 27:46.767
THE NORMAL AVERAGE BUDGET FOR

27:46.767 --> 27:49.400
PUBLIC DEFENDERS AND A THIRD ON

27:49.400 --> 27:54.067
CAPITAL CRIMES, HOW DO WE SEAT

27:54.067 --> 27:55.600
FRACTIONALIZATION OF THE BUDGET

27:55.600 --> 27:57.067
TAKING UP THE CROWN SHARE,

27:57.067 --> 27:58.833
WHAT'S BEING DONE ABOUT THE

27:58.833 --> 28:00.233
CAPITAL CRIMES WITH THIS BUDGET

28:00.233 --> 28:00.633
CRISIS.

28:00.633 --> 28:03.033
>> I WOULD LIKE TO WEIGH IN ON

28:03.033 --> 28:03.367
THAT.

28:03.367 --> 28:06.000
I THINK YOU BRING UP AN

28:06.000 --> 28:07.200
EXCELLENT QUESTION.

28:07.200 --> 28:09.733
MY FIRST POINT IS THAT THE

28:09.733 --> 28:11.000
CRISIS DOESN'T ADD UP.

28:11.000 --> 28:13.233
FIRST OF ALL, THE PROPOSED

28:13.233 --> 28:15.667
BUDGET CUTS TO PUBLIC DEFENDERS,

28:15.667 --> 28:17.600
WE HAD A 50% BUDGET CUT PROPOSED

28:17.600 --> 28:19.100
FOR DISTRICT ATTORNEYS BUT WE'RE

28:19.100 --> 28:21.333
NOT SHUTTING DOWN TRIALS AND

28:21.333 --> 28:22.600
LAYING OFF PEOPLE THAT BUDGET

28:22.600 --> 28:24.633
STARTS ON JULY 1 AND WE'RE

28:24.633 --> 28:26.067
GETTING REACTION NOW AND NOW

28:26.067 --> 28:28.067
EVERYBODY IS BEING TOLD THAT

28:28.067 --> 28:29.433
PUBLIC DEFENDERS HAVE BEEN CUT

28:29.433 --> 28:32.567
OR ARE BEING CUT 12 TO 12.5.

28:32.567 --> 28:34.133
THAT'S NOT A FACT.

28:34.133 --> 28:36.500
SECOND POINT IS, WHEN THIS ALL

28:36.500 --> 28:38.800
BEGAN, THE BOARD BEGAN TO

28:38.800 --> 28:41.733
OPERATE IN 2007, THE SYSTEM WAS

28:41.733 --> 28:42.233
FUNCTIONING.

28:42.233 --> 28:43.600
IT WAS NOT FUNCTIONING WELL.

28:43.600 --> 28:45.967
THE STATE PROVIDED ABOUT $7

28:45.967 --> 28:47.700
MILLION TO THE BOARD AND THE

28:47.700 --> 28:50.400
LOCALS GENERATED ABOUT 35, $40

28:50.400 --> 28:53.500
MILLION LOCALLY.

28:53.500 --> 28:55.633
NOW THE BUDGET IS INCREASED TO

28:55.633 --> 28:57.867
33 MILLION FOR THE PAST SO

28:57.867 --> 28:59.367
YEARS, THEY SPENT ALL THE

28:59.367 --> 29:01.033
RESERVES THAT EVERY PUBLIC

29:01.033 --> 29:03.933
DEFENDER OFFICE HAD AND MANY HAD

29:03.933 --> 29:05.533
$800,000.

29:05.533 --> 29:06.900
$1.2 MILLION RESERVED.

29:06.900 --> 29:08.267
THEY PLAN THROUGH ALL THAT MONEY

29:08.267 --> 29:10.567
WITH ABOUT $90 MILLION ON DAPT

29:10.567 --> 29:12.400
CASES AND WE'RE OUT OF MONEY AND

29:12.400 --> 29:13.800
CAN'T PROSECUTE CASES.

29:13.800 --> 29:15.267
THAT DOESN'T ADD UP.

29:15.267 --> 29:16.633
I DON'T KNOW WHAT THE ANSWER IS.

29:16.633 --> 29:17.933
THAT DOESN'T ADD UP.

29:17.933 --> 29:19.567
ALL I'M TELLING YOU I DON'T

29:19.567 --> 29:22.367
BELIEVE THEY'RE GOING TO BE CUT

29:22.367 --> 29:23.733
TO 12.5 MILLION AND, YES,

29:23.733 --> 29:26.633
SOMETHING NEEDS TO BE DONE ABOUT

29:26.633 --> 29:27.300
CAPITAL SPENDING.

29:27.300 --> 29:29.700
>> SENATOR CLAITOR, YOU HAVE A

29:29.700 --> 29:31.267
HAND ON THE FINANCE ISSUE.

29:31.267 --> 29:33.500
>> YES, WE WANT TO HAVE AN

29:33.500 --> 29:35.367
APPROPRIATE LEVEL OF FUNDING.

29:35.367 --> 29:37.467
EVERYBODY ACCEPTED A CUT BUT I'M

29:37.467 --> 29:39.333
WORKING WITH OTHER LEGISLATORS

29:39.333 --> 29:40.867
TO SEE WHAT OTHER FUNDING

29:40.867 --> 29:44.000
SOURCES WE CAN FIND THERE, ONE

29:44.000 --> 29:47.833
OF WHICH MY DA AND I ARE LOOKING

29:47.833 --> 29:49.633
FORWARD TO HAVING A DISCUSSION.

29:49.633 --> 29:50.867
I'M NOT SAYING THIS IS THE

29:50.867 --> 29:52.267
SOURCE OF ALL OUR PROBLEMS BUT

29:52.267 --> 29:55.633
THE DA'S OFFICE ACROSS THE STATE

29:55.633 --> 29:56.933
PROVIDES AVERSION PROGRAMS.

29:56.933 --> 29:57.933
THAT IS GREAT.

29:57.933 --> 29:59.767
A YOUNG GUY LIKE YOURSELF MAKES

29:59.767 --> 30:01.600
A DUMB MISTAKE AND INSTEAD OF

30:01.600 --> 30:04.433
PAYING IT FOREVER, YOU'RE GIVEN

30:04.433 --> 30:06.567
AN OPPORTUNITY TO TERN OFF YOUR

30:06.567 --> 30:07.033
RECORD.

30:07.033 --> 30:09.100
-- TO EARN IT OFF YOUR RECORD.

30:09.100 --> 30:10.867
THE DA FINANCES THE MAJORITY OF

30:10.867 --> 30:13.000
THAT AND FOR THE MOST PART NO

30:13.000 --> 30:15.733
MONEY IS DEDICATED TO THE PUBLIC

30:15.733 --> 30:16.667
DEFENDER'S OFFICE.

30:16.667 --> 30:18.133
WE'RE WORKING ON A BILL THAT

30:18.133 --> 30:19.533
WOULD PUT SOME OF THE MONEY THAT

30:19.533 --> 30:21.700
WOULD GO FROM A DIVERSION

30:21.700 --> 30:22.933
PROGRAM INTO THE PUBLIC

30:22.933 --> 30:23.800
DEFENDERS OFFICE.

30:23.800 --> 30:26.033
WE NEED COOPERATION AND YOU CAN

30:26.033 --> 30:27.767
CERTAINLY UNDERSTAND THE DA

30:27.767 --> 30:29.233
GOING WHY AM I FUNDING THE

30:29.233 --> 30:30.733
PUBLIC DEFENDERS OFFICE.

30:30.733 --> 30:32.533
THAT IS NOT PART OF MY CHARGE.

30:32.533 --> 30:33.967
WE'VE GOT A DIFFICULT SITUATION

30:33.967 --> 30:35.133
AND WE'RE LOOKING FOR

30:35.133 --> 30:36.567
COOPERATION FROM A LOT OF

30:36.567 --> 30:38.467
DIFFERENT FOLKS BUT CERTAINLY

30:38.467 --> 30:39.800
CAPITAL CRIME IS IMPORTANT BUT

30:39.800 --> 30:42.933
IN LOUISIANA, IF YOU POLE IT,

30:42.933 --> 30:46.100
NOT SAYING YOU SHOULD GOVERN BY

30:46.100 --> 30:47.900
POLL ALONE, PEOPLE LIKE THEIR

30:47.900 --> 30:49.833
DEATH PENALTY IN LOUISIANA AND

30:49.833 --> 30:51.333
THEY'RE NOT GOING TO GIVE IT UP

30:51.333 --> 30:54.667
BUT WE'RE NOT SAYING USE IT

30:54.667 --> 30:56.467
WILLIE NILLY, EITHER.

30:56.467 --> 30:58.667
ONLY IN THE MOST DRASTIC OF

30:58.667 --> 31:06.867
CIRCUMSTANCES.

31:06.867 --> 31:08.867
>> I WASN'TED TO ADDRESS ABOUT

31:08.867 --> 31:11.767
HOW REAL THE BUDGET CRISIS IS.

31:11.767 --> 31:13.600
SPEAKING FOR ONLY THE 15th

31:13.600 --> 31:15.200
JUDICIAL DISTRICT, OUR RECORDS

31:15.200 --> 31:17.200
ARE COMPLETELY OPEN SO ANYONE

31:17.200 --> 31:19.567
HAS ACCESS TO THE PUBLIC

31:19.567 --> 31:20.800
DEFENDER'S BUDGET GOING BACK

31:20.800 --> 31:21.633
SEVERAL YEARS SO ANYONE IS

31:21.633 --> 31:23.933
WELCOME TO TAKE A LOOK AT THAT.

31:23.933 --> 31:26.267
FURTHERMORE, THE CUTS WE

31:26.267 --> 31:29.867
EXPERIENCES ARE NOT BASED ON A

31:29.867 --> 31:32.900
PROJECTION BUDGET NEXT YEAR BUT

31:32.900 --> 31:34.000
A $600,000 SHORT FALL THIS YEAR.

31:34.000 --> 31:35.600
IT IS EASY TO KIND OF GET LOST

31:35.600 --> 31:37.367
IN THE NUMBERS AND THE BOTTOM

31:37.367 --> 31:40.000
LINE BUT THE REALITY IS OUR

31:40.000 --> 31:42.867
OFFICE HAS LOST 37 OUT OF 52

31:42.867 --> 31:44.333
LAWYERS IN THE PAST TWO MONTHS,

31:44.333 --> 31:45.967
AND ALL REMAINING LAWYERS HAVE

31:45.967 --> 31:49.300
TAKEN A 20% SALARY CUT JUST SO

31:49.300 --> 31:50.733
WE COULD KEEP MORE PEOPLE ON

31:50.733 --> 31:53.267
STAFF TO SERVE MORE CLIENTS.

31:53.267 --> 31:55.033
SO, YOU KNOW, THAT'S REALLY THE

31:55.033 --> 31:56.800
HUMAN IMPACT OF THIS.

31:56.800 --> 31:59.467
SO, YOU KNOW, IT'S DIFFICULT TO

31:59.467 --> 32:02.167
HAVE THESE KIND OF ALLEGATIONS

32:02.167 --> 32:03.633
TOSSED AROUND THAT THIS CRISIS

32:03.633 --> 32:07.167
IS BEING BLOWN UP OR IT IS BEING

32:07.167 --> 32:08.333
EXAGGERATED WHEN WE FEEL VERY,

32:08.333 --> 32:13.600
YOU KNOW, PERSONAL -- THERE IS A

32:13.600 --> 32:14.933
I HAVE PERSONAL ELEMENT NEAR

32:14.933 --> 32:18.000
WHAT I SEE DAY IN AND DAY OUT

32:18.000 --> 32:19.667
FROM MY COLLEAGUES AS DEDICATION

32:19.667 --> 32:21.467
OF THIS WORK AND LITTLE TO NO

32:21.467 --> 32:23.700
MONEY JUST SO WE CAN SERVE MORE

32:23.700 --> 32:24.700
CLIENT INTO LET ME JUST SAY, IF

32:24.700 --> 32:27.167
THE PUBLIC DEFENDERS NEED 75

32:27.167 --> 32:29.700
MILLION, THE DAs WOULD SUPPORT

32:29.700 --> 32:31.400
75 MILLION, BUT THE NUMBERS JUST

32:31.400 --> 32:32.400
DON'T ADD UP.

32:32.400 --> 32:34.033
WHAT HAPPENED TO ALL THAT MONEY?

32:34.033 --> 32:37.933
>> TOM, CAN YOU ADD TO THAT?

32:37.933 --> 32:40.667
>> IN CATTLE PARRISH, WHERE I'M

32:40.667 --> 32:42.567
FROM, WE ARE PRIVATE LAWYERS ARE

32:42.567 --> 32:44.867
BEING APPOINTED AND WE'VE NOW

32:44.867 --> 32:46.967
LOST SO MANY PUBLIC DEFENDERS

32:46.967 --> 32:48.767
THAT NOW LAWYERS ARE GETTING

32:48.767 --> 32:51.333
THEIR SECOND, THIRD, FOURTH,

32:51.333 --> 32:52.767
FIFTH APPOINTMENTS.

32:52.767 --> 32:55.467
REAL ESTATE LAWYERS ARE BEING

32:55.467 --> 32:57.233
APPOINTED TO REPRESENT PERSONS

32:57.233 --> 32:58.900
ACCUSED OF FELONIES.

32:58.900 --> 33:01.867
THEY'VE NEVER EVEN TRIED A CASE,

33:01.867 --> 33:03.100
MUCH LET'S CRIMINAL CASE, AND

33:03.100 --> 33:05.633
THESE ARE VERY SERIOUS ISSUES.

33:05.633 --> 33:11.667
WE COULD TAKE UP THE ISSUE ABOUT

33:11.667 --> 33:14.367
WHETHER OR NOT LAWYERS OUGHT DO

33:14.367 --> 33:15.167
PRO BONO WORK.

33:15.167 --> 33:16.333
WE ALL DO.

33:16.333 --> 33:17.500
BUT WE WOULD KIND OF LIKE TO

33:17.500 --> 33:19.400
CHOOSE THE KIND OF PRO BONO WORK

33:19.400 --> 33:22.667
THAT WE DO THAT WE'RE ACTUALLY

33:22.667 --> 33:24.600
QUALIFIED FOR, AND THE SECOND

33:24.600 --> 33:28.733
THING IS THAT THE LOUISIANA

33:28.733 --> 33:31.167
CONSTITUTION IN ITS DECLARATION

33:31.167 --> 33:33.067
OF RIGHTS, HAS THE STRONGEST

33:33.067 --> 33:36.067
RIGHT TO COUNCIL WHICH I'M AWARE

33:36.067 --> 33:38.133
AND IT SPECIFICALLY SAYS THE

33:38.133 --> 33:46.067
LEGISLATURE SHALL PROVIDE FOR A

33:46.067 --> 33:46.867
UNIFORM

33:46.867 --> 33:49.067
SYSTEM OF PROVIDING

33:49.067 --> 33:52.200
QUALIFIED COUNCIL.

33:52.200 --> 33:57.300
LAWYERS SHOULD BE, PLY PRIVATE PRIVATE

33:57.300 --> 34:02.867
LAWYERS, SHOULD BE COMPENSATED.

34:02.867 --> 34:04.000
HAVING EXPERIENCED PUBLIC

34:04.000 --> 34:07.767
LAWYERS IS A MUCH MORE EFFICIENT

34:07.767 --> 34:09.867
WAY THAN PRIVATE LAWYERS AND

34:09.867 --> 34:11.100
COMPENSATING THOSE PRIVATE

34:11.100 --> 34:11.533
LAWYERS.

34:11.533 --> 34:13.000
>> GO BACK TO THE FUNDING

34:13.000 --> 34:13.900
SITUATION BEFORE THAT.

34:13.900 --> 34:15.400
YOU HAVE A QUESTION FOR THE

34:15.400 --> 34:16.367
PANEL, DON'T YOU?

34:16.367 --> 34:17.667
>> YES.

34:17.667 --> 34:20.167
I WAS WONDERING HOW FEASIBLE IT

34:20.167 --> 34:22.333
IS FOR US TO SWITCH FROM THAT

34:22.333 --> 34:25.367
USER PAY SYSTEM IN THE NEAR

34:25.367 --> 34:27.333
FUTURE AND THAT'S JUST A GENERAL

34:27.333 --> 34:28.567
QUESTION FOR ALL OF YOU.

34:28.567 --> 34:30.533
>> MARJORIE, WHAT'S THE BEST WAY

34:30.533 --> 34:31.533
TO FUND?

34:31.533 --> 34:33.500
>> WELL, THERE ARE A LOT OF WAYS

34:33.500 --> 34:34.667
TO FUND.

34:34.667 --> 34:36.233
ULTIMATELY, IT DOES FALL ON THE

34:36.233 --> 34:38.400
LEGISLATURE TO COME UP WITH A

34:38.400 --> 34:40.133
MECHANISM THAT IS ADEQUATE, FAIR

34:40.133 --> 34:42.167
AND SUSTAINABLE.

34:42.167 --> 34:44.767
YOU KNOW, WHETHER OR NOT THE

34:44.767 --> 34:48.000
DISTRICT ATTORNEYS HAVE ALSO

34:48.000 --> 34:50.367
SEEN BUDGET CUTS THAT MAY BE THE

34:50.367 --> 34:51.767
CASE, BUT IT IS ALSO THE CASE

34:51.767 --> 34:53.633
THE DISTRICT ATTORNEYS ARE

34:53.633 --> 34:56.700
FUNDED THROUGH A UNIFORM,

34:56.700 --> 34:57.933
SUSTAINABLE MECHANISM.

34:57.933 --> 34:59.933
PUBLIC DEFENDERS ARE NOT FUNDED

34:59.933 --> 35:02.200
THAT WAY AND THE USER PAY SYSTEM

35:02.200 --> 35:04.333
ESSENTIALLY PUTS A LOT OF PUBLIC

35:04.333 --> 35:05.767
DEFENDERS IN A CONFLICT

35:05.767 --> 35:07.833
SITUATION BECAUSE THEY ONLY GET

35:07.833 --> 35:10.300
PAID, ESSENTIALLY FORECAST THEIR

35:10.300 --> 35:12.033
CLIENTS LOSE, WHICH MAKES

35:12.033 --> 35:13.000
ABSOLUTELY NO SENSE.

35:13.000 --> 35:14.400
THAT'S NOT THE CASE WITH

35:14.400 --> 35:16.300
DISTRICT ATTORNEYS.

35:16.300 --> 35:17.400
THEY GETS PAID BECAUSE THEY HAVE

35:17.400 --> 35:20.200
A JOB TO DO.

35:20.200 --> 35:21.633
WE NEED A SYSTEM THAT WILL TREAT

35:21.633 --> 35:24.500
THEM EQUALLY SO NOBODY IS IN A

35:24.500 --> 35:25.733
POSITION OF HAVING TO BE

35:25.733 --> 35:28.167
CONFLICTED OUT OF THEIR OWN

35:28.167 --> 35:29.300
REPRESENTATION, BUT ULTIMATELY,

35:29.300 --> 35:31.700
IT IS UP TO THE LEGISLATURE TO

35:31.700 --> 35:32.833
SOLVE THAT PROBLEM.

35:32.833 --> 35:34.667
IT GOES BACK TO LOUISIANA DOES

35:34.667 --> 35:37.667
HAVE THE HIGHEST INCARCERATION

35:37.667 --> 35:39.400
RATE NOT ONLY IN THIS COUNTRY

35:39.400 --> 35:40.233
BUT IN THE WORLD.

35:40.233 --> 35:42.367
WE HAVE A CRISIS IN THIS STATE,

35:42.367 --> 35:44.467
A GENERAL BUDGET CRISIS, AND

35:44.467 --> 35:46.167
THIS IS AN OPPORTUNITY TO SAY WE

35:46.167 --> 35:48.167
NEED TO LOOK AT DOING A LOT OF

35:48.167 --> 35:49.567
THINGS DIFFERENTLY, WE CAN'T

35:49.567 --> 35:51.200
AFFORD TO DO THINGS THE WAY WE

35:51.200 --> 35:52.600
HAVE A BEEN DOING IT, INCLUDING

35:52.600 --> 35:54.667
A USER PAY SYSTEM OF PUBLIC

35:54.667 --> 35:55.067
DEFENSE.

35:55.067 --> 35:57.467
>> FROM THE AUDIENCE, DAVID, DO

35:57.467 --> 35:59.200
YOU THINK WE OUGHT TO BE

35:59.200 --> 36:00.733
THINKING OUTSIDE OF BOX?

36:00.733 --> 36:02.333
>> I THINK WE NEED TO TAKE

36:02.333 --> 36:04.200
ADVANTAGE OF THE RESOURCES

36:04.200 --> 36:05.133
AVAILABLE TO US.

36:05.133 --> 36:06.367
I THINK WE CAN ALL AGREE THE

36:06.367 --> 36:08.633
STATE IS IN THE FACE OF A FISCAL

36:08.633 --> 36:09.867
CRISIS.

36:09.867 --> 36:10.767
AGENCIES ACROSS-THE-BOARD ARE

36:10.767 --> 36:13.200
STRUGGLING TO PERFORM THE MOST

36:13.200 --> 36:15.267
BASIC FUNCTIONS, AS SENATOR

36:15.267 --> 36:16.633
CLAITOR ALLUDED TO.

36:16.633 --> 36:19.033
THE LEGISLATURE SOME TIME AGO

36:19.033 --> 36:22.000
PROVIDED A SUPPLEMENTAL SOURCE

36:22.000 --> 36:25.233
OF FUNDING IN SECTIONS 175 AND

36:25.233 --> 36:25.900
176.

36:25.900 --> 36:28.700
SECTION 175 REQUIRED THEY PAY AN

36:28.700 --> 36:31.900
ENROLLMENT FEE WHO THEY ARE

36:31.900 --> 36:34.933
APPOINTED COUNSEL OF $40.

36:34.933 --> 36:37.367
AND 176 SAYS A JUDGE MUST MAKE A

36:37.367 --> 36:40.967
DETERMINATION IF THEY PAY ABOVE

36:40.967 --> 36:42.633
THAT $40 AND THEY ARE ORDERED TO

36:42.633 --> 36:44.733
DO SO IF THEY FIND THEY CAN PAY

36:44.733 --> 36:47.100
MORE MONEY.

36:47.100 --> 36:49.433
MY OWN JURISDICTION HAS A

36:49.433 --> 36:51.100
POPULATION OF APPROXIMATELY

36:51.100 --> 36:52.200
36,000 PEOPLE AND LAST YEAR, OUR

36:52.200 --> 36:53.867
PUBLIC DEFENDER, WITH THE

36:53.867 --> 36:55.500
COOPERATION OF OUR JUDGES,

36:55.500 --> 36:58.000
COLLECTED OVER $60,000 FROM

36:58.000 --> 37:03.800
DEFENDANT WHO WERE APPOINTED

37:03.800 --> 37:04.167
COUNSEL.

37:04.167 --> 37:06.967
A LOOK AT YOUR 2014 AND 2015

37:06.967 --> 37:09.700
REPORTS IT IS APPARENT TO ME

37:09.700 --> 37:13.267
JURISDICTIONS ARE IGNORING THE

37:13.267 --> 37:15.600
MANDATES IN 175 AND 176 AND ARE

37:15.600 --> 37:18.400
FAILING TO COLLECT THE $40

37:18.400 --> 37:20.433
ENROLLMENT FEE AND FAILING TO

37:20.433 --> 37:22.300
COLLECT SUMS OF MONEY THAT

37:22.300 --> 37:26.900
PEOPLE CAN AFFORD TO PAY.

37:26.900 --> 37:28.100
WHAT HAVE YOU DONE TO ADDRESS

37:28.100 --> 37:29.700
THAT IN THE PAST AND WHAT DO YOU

37:29.700 --> 37:31.267
INTEND TO DO IN THE FUTURE TO

37:31.267 --> 37:31.967
ADDRESS THAT IN.

37:31.967 --> 37:34.300
>> WHEN I WAS DISTRICT DEFENDER

37:34.300 --> 37:36.433
WE HAD MANY OF THE SAME PROBLEMS

37:36.433 --> 37:39.500
SO WE USED THE LOUISIANA

37:39.500 --> 37:45.800
DEPARTMENT OF REVENUE.

37:45.800 --> 37:47.900
AND SO WE BUT HERE IS THE THING,

37:47.900 --> 37:49.567
IT COSTS MONEY.

37:49.567 --> 37:52.333
YOU DON'T JUST ASK FOR LDR TO

37:52.333 --> 37:53.333
PROVIDE WITH YOU FUNDS.

37:53.333 --> 37:54.833
YOU HAVE TO GATHER A REPORT, IT

37:54.833 --> 37:56.267
IS VERY EXTENSIVE AND HAS TO

37:56.267 --> 37:58.767
HAVE ALL THE PEOPLE THAT OWE YOU

37:58.767 --> 37:59.133
MONEY.

37:59.133 --> 38:00.400
WE WERE FORTUNATE IN THAT WE

38:00.400 --> 38:02.167
WERE ABLE TO RELY ON BASICALLY

38:02.167 --> 38:03.967
FREE LABOR FROM A VOLUNTEER

38:03.967 --> 38:06.633
GROUP PROVIDED BY THE PARRISH.

38:06.633 --> 38:08.233
BUT IT WOULD HAVE COST US QUITE

38:08.233 --> 38:10.033
A BIT TO DO IT IN HOUSE.

38:10.033 --> 38:11.833
IT WOULD HAVE BEEN THOUSANDS OF

38:11.833 --> 38:14.467
DOLLARS TO PREPARE THIS REPORT.

38:14.467 --> 38:16.233
WE PROVIDED A REPORT TO THE

38:16.233 --> 38:20.733
STATE AND THEY GARNISHED WAGES.

38:20.733 --> 38:21.867
BECAUSE THE FUNDAMENTAL POINT

38:21.867 --> 38:23.533
HERE IS THAT WE'RE DEALING WITH

38:23.533 --> 38:24.400
THE POOR.

38:24.400 --> 38:26.733
I MEAN, PEOPLE KIND OF LOSE THAT

38:26.733 --> 38:28.167
IN THIS DISCUSSION, BUT WE'RE

38:28.167 --> 38:30.600
DEALING WITH THE POUR.

38:30.600 --> 38:31.733
PEOPLE WHO ARE INDIGENT.

38:31.733 --> 38:34.267
SO YOU'RE NOT TALKING ABOUT DEEP

38:34.267 --> 38:34.733
POCKETS.

38:34.733 --> 38:36.600
YOU'RE NOT GOING TO HAVE THE

38:36.600 --> 38:37.833
RETURN THAT YOU WOULD IF YOU

38:37.833 --> 38:39.233
WERE TALKING ABOUT MIDDLE CLASS

38:39.233 --> 38:39.867
AMERICA.

38:39.867 --> 38:41.900
THAT'S NOT WHO WE'RE DEALING

38:41.900 --> 38:42.433
WITH.

38:42.433 --> 38:43.333
YOU'RE NOT GOING TO HAVE A

38:43.333 --> 38:48.000
RETURN ON THE DOLLAR THAT YOU

38:48.000 --> 38:49.100
WOULD EXPECT FOR PEOPLE.

38:49.100 --> 38:50.633
SO IF YOU'RE GOING TO GO AFTER

38:50.633 --> 38:52.900
THESE FOLKS, GET A COLLECTION

38:52.900 --> 38:54.067
AGENCY, THEY WON'T DO.

38:54.067 --> 38:55.167
IT COLLECTION AGENCY WON'T DO

38:55.167 --> 38:55.467
IT.

38:55.467 --> 38:57.533
IT IS A LOSING CAUSE.

38:57.533 --> 39:00.000
THEY WILL LOSE MONEY IF THEY

39:00.000 --> 39:02.067
EXTEND ASSETS TO GO AFTER THESE

39:02.067 --> 39:03.733
FOLKS THAT AREN'T PAYING SO

39:03.733 --> 39:05.100
THAT'S KIND OF THE TRICK BOX

39:05.100 --> 39:05.833
WE'RE IN.

39:05.833 --> 39:08.100
SO WHAT WE DID IS WE WENT AFTER

39:08.100 --> 39:10.233
THE FOLKSES WE KNEW HAD FUNDING,

39:10.233 --> 39:12.200
HAD FUN, SO THEY HAD TAX RETURNS

39:12.200 --> 39:15.033
AND WE WERE VERY AGGRESSIVE IN

39:15.033 --> 39:17.300
DOING THAT.

39:17.300 --> 39:19.233
AND SO WHEN I BECAME STATE

39:19.233 --> 39:21.300
PUBLIC DEFENDER, THE FIRST THING

39:21.300 --> 39:23.033
WE DID WAS HAD A COURSE AND

39:23.033 --> 39:24.667
TAUGHT ALL THE DISTRICT

39:24.667 --> 39:25.733
DEFENDERS HOW TO DO THAT.

39:25.733 --> 39:28.233
IF YOU ARE IN A DISTRICT THAT IS

39:28.233 --> 39:29.800
SO SMALL THAT YOUR RETURN IS

39:29.800 --> 39:31.533
GOING TO BE VERY MINIMAL,

39:31.533 --> 39:33.100
BECAUSE YOU'RE RIGHT, THERE ARE

39:33.100 --> 39:36.067
TWO PARTS TO THIS, THERE IS THE

39:36.067 --> 39:37.767
$40, WHICH IS FRANKLY IN MY

39:37.767 --> 39:40.200
OPINION A RED HERRING, AND THEN

39:40.200 --> 39:41.667
THERE IS THE REAL POINT THAT YOU

39:41.667 --> 39:43.500
MAKE AND I THINK IT IS A GOOD

39:43.500 --> 39:45.667
ONE, FOLKS WHO CAN'T PAY.

39:45.667 --> 39:48.000
AND THAT IS SOMETHING THAT HAS

39:48.000 --> 39:49.733
TO -- YOU HAVE TO HAVE THE JUDGE

39:49.733 --> 39:51.933
AND THE DA ON BOARD WITH THAT.

39:51.933 --> 39:53.467
IT'S NOT GOING TO WORK IF YOU

39:53.467 --> 39:56.033
DON'T HAVE ALL THREE GROUPS IN

39:56.033 --> 39:58.033
UNISON DISCUSSING THAT PROBLEM.

39:58.033 --> 40:00.233
SO, WITH THE $40, AGAIN, IT IS A

40:00.233 --> 40:01.333
RED HERRING.

40:01.333 --> 40:03.333
THE OTHER ONE, THE PARTIAL

40:03.333 --> 40:04.833
PAYMENT, IF YOU DON'T HAVE THE

40:04.833 --> 40:06.567
JUDGE ON BOARD ORDERING THOSE

40:06.567 --> 40:08.000
PAYMENTS THERE IS NOTHING TO GO

40:08.000 --> 40:09.433
AFTER, AND IF YOU DO HAVE A

40:09.433 --> 40:12.300
JUDGMENT, YOU STILL HAVE TO PAY

40:12.300 --> 40:13.667
MONEY TO GET WHAT YOU NEED TO

40:13.667 --> 40:17.067
THE LDR TO GARNISH WAGES.

40:17.067 --> 40:18.633
SO THE QUESTION IS, DO YOU THROW

40:18.633 --> 40:19.733
GOOD MONEY AFTER BAD?

40:19.733 --> 40:21.333
BECAUSE THAT'S WHAT MANY OF THE

40:21.333 --> 40:22.233
DISTRICTS ARE IN.

40:22.233 --> 40:23.700
THEY'RE IN THAT POSITION WHERE

40:23.700 --> 40:24.800
THEY'RE THROWING GOOD MONEY

40:24.800 --> 40:26.333
AFTER BAD BECAUSE IT COSTS MONEY

40:26.333 --> 40:29.067
TO GO AFTER THOSE FUNDS SO WE

40:29.067 --> 40:30.833
TRY TO -- WE TAUGHT EVERYBODY

40:30.833 --> 40:32.833
HOW TO DO IT BUT WHETHER OR NOT

40:32.833 --> 40:34.533
A DISTRICT DOES, YOU KNOWER,

40:34.533 --> 40:36.733
THEY HAVE TO MAKE THAT

40:36.733 --> 40:37.267
ASSESSMENT.

40:37.267 --> 40:41.500
AM I GOING TO GET A RETURN ON MY

40:41.500 --> 40:41.833
MONEY.

40:41.833 --> 40:43.333
WE HAVE DISTRICTS THAT APPLIED

40:43.333 --> 40:47.067
TO LDR FUNDS AND GOTTEN NOTHING.

40:47.067 --> 40:49.500
THAT IS A LOSING PROPOSITION.

40:49.500 --> 40:50.933
THIS IS ONE THING THAT I THINK

40:50.933 --> 40:52.400
EVERYBODY KNOWS, CERTAINLY IT

40:52.400 --> 40:54.233
WOULD APPEAR, THERE IS NO

40:54.233 --> 40:55.967
SOLUTION IN THE STATE ONE SIZE

40:55.967 --> 40:56.667
FITS ALL.

40:56.667 --> 40:59.267
YOU HAVE 42 JURISDICTIONS, THEY

40:59.267 --> 41:00.300
ARE ALL VERY DIFFERENT.

41:00.300 --> 41:01.933
WHAT WORKS IN ONE JURISDICTION

41:01.933 --> 41:02.900
DOESN'T IN ANOTHER.

41:02.900 --> 41:05.000
WE TRIED TO GET FOLKS WE AT

41:05.000 --> 41:06.867
LEAST GET FOLKS TO LOOK AT THESE

41:06.867 --> 41:09.767
ISSUES AND TRY TO FIND A

41:09.767 --> 41:11.600
PROBLEM, BUT WHO WORKS IN OR

41:11.600 --> 41:17.733
LIENS      

41:17.733 --> 41:20.733
LEANS MAY NOT WORK SOMEWHERE

41:20.733 --> 41:21.067
ELSE.

41:21.067 --> 41:22.867
THERE IS NO SILVER BULLET HERE.

41:22.867 --> 41:25.367
>> IF I MAY HAVE A BRIEF

41:25.367 --> 41:27.000
FOLLOW-UP, WOULD IT BE FAIR TO

41:27.000 --> 41:28.500
SIZE THAT YOU'RE SUBSIDIZING

41:28.500 --> 41:30.233
DISTRICTS WHO ARE FAIL ORGANIZE

41:30.233 --> 41:32.067
REFUSING TO CARRY OUT THEIR

41:32.067 --> 41:33.467
RESPONSIBILITIES UNDER THE LAW

41:33.467 --> 41:35.433
TO COLLECT THOSE FEES THAT

41:35.433 --> 41:37.167
YOU'RE SUBSIDIZING THOSE

41:37.167 --> 41:38.600
DISTRICTS WHO ARE AT LEAST

41:38.600 --> 41:40.433
MAKING A GOOD FAITH EFFORT?

41:40.433 --> 41:42.267
>> NO.

41:42.267 --> 41:43.800
>> HAVEN'T WE ALREADY

41:43.800 --> 41:45.733
ESTABLISHED THERE IS NO UNIFORM

41:45.733 --> 41:48.600
RULE PARRISH BY PARRISH,

41:48.600 --> 41:50.067
JURISDICTION BY JURISDICTION AND

41:50.067 --> 41:52.033
HOW SOMEBODY IS DETERMINED TO BE

41:52.033 --> 41:54.867
POOR OR INDIGENT.

41:54.867 --> 41:57.100
DOESN'T THERE HAVE TO BE A

41:57.100 --> 41:58.400
THRESHOLD SET FIRST AND YOU WORK

41:58.400 --> 42:02.167
FROM THAT LEVEL AND GO UP.

42:02.167 --> 42:03.667
IF WE'RE NOT DOING THAT --

42:03.667 --> 42:05.233
>> THAT'S THE ISSUE, WE'RE NOT

42:05.233 --> 42:07.067
DOING THAT.

42:07.067 --> 42:09.533
I'M IN THE CRIMINAL JUSTICE

42:09.533 --> 42:11.167
PANEL AND I REPRESENT PEOPLE

42:11.167 --> 42:12.767
CHARGED WITH CRIMINAL CONS IN

42:12.767 --> 42:14.567
FEDERAL COURT AND ONE OF THE

42:14.567 --> 42:16.567
FIRST THINGS THAT COME TO ME IN

42:16.567 --> 42:19.167
A FILE GIVEN TO ME IS A LISTING

42:19.167 --> 42:21.800
OF REAL INQUIRY WITH ASSETS AND

42:21.800 --> 42:25.667
THEIR ABILITY TO PAY.

42:25.667 --> 42:26.933
I PRACTICE ALL OVER LOUISIANA

42:26.933 --> 42:28.733
BUT MOSTLY IN NEW ORLEANS, BATON

42:28.733 --> 42:32.633
ROUGE AND LOCAL AREAS AND I

42:32.633 --> 42:35.867
RARELY SEE A REAL INQUIRY INTO

42:35.867 --> 42:40.267
WHETHER SOMEBODY IS INDIGENT OR

42:40.267 --> 42:40.667
NOT.

42:40.667 --> 42:43.300
I'M NOT SAYING THAT IS DAVE'S

42:43.300 --> 42:44.767
FAULT, PUTTING IT ON THE COURT

42:44.767 --> 42:46.000
AND WE NEED TO BE BETTER AT

42:46.000 --> 42:46.533
THAT.

42:46.533 --> 42:48.533
BUT EVEN WITH THAT INQUIRY,

42:48.533 --> 42:49.900
THERE'S STILL A SEA OF POOR

42:49.900 --> 42:51.600
PEOPLE THAT ARE UNABLE TO PAY.

42:51.600 --> 42:53.267
AND SO WE HAVE TO ADDRESS THAT.

42:53.267 --> 42:55.300
SO EVEN IF WE JUST PICKED UP THE

42:55.300 --> 42:57.267
ONES THAT CAN PAY, THAT DOESN'T

42:57.267 --> 42:58.067
SOLVE THE PROBLEM.

42:58.067 --> 43:00.067
>> THE WHOLE IDEA OF PUBLIC

43:00.067 --> 43:01.600
DEFENDER IS FOR PEOPLE WHO CAN'T

43:01.600 --> 43:01.967
PAY.

43:01.967 --> 43:04.600
>> THERE ARE A LOT THAT CAN, I

43:04.600 --> 43:05.100
PROMISE YOU.

43:05.100 --> 43:07.000
>> IT IS ALSO COMPLICATED BY THE

43:07.000 --> 43:08.733
FACT THAT SOMEBODY GOING IN MAY

43:08.733 --> 43:11.600
HAVE ASSETS THAT GET DEPLETED AS

43:11.600 --> 43:15.033
THEY ARE PAYING FOR PRIVATE

43:15.033 --> 43:16.167
COUNSEL THAT IS DETERMINED THEY

43:16.167 --> 43:17.033
CAN AFFORD.

43:17.033 --> 43:21.000
A GOOD CRIMINAL DEFENSE ISN'T

43:21.000 --> 43:23.267
CHEAP AND YOU CAN DEPLETE YOUR

43:23.267 --> 43:25.767
ASSETS FAIRLY QUICKLY BY PAYING

43:25.767 --> 43:29.600
FOR A PRIVATE LAWYER AND SO IF

43:29.600 --> 43:33.233
YOU WEREN'T INDIGENT TO BEGIN

43:33.233 --> 43:35.000
WITH YOU MAY BE SOMEWHERE ALONG

43:35.000 --> 43:36.900
THE WAY AND THOSE PEOPLE ALSO

43:36.900 --> 43:40.733
THEN FALL IN THE SYSTEM AND THAT

43:40.733 --> 43:42.600
ADDS TO ESSENTIALLY THE BURDEN

43:42.600 --> 43:45.467
ON THE PUBLIC DEFENDER'S OFFICE.

43:45.467 --> 43:47.733
>> AND TO ECHO ONE OF YOUR

43:47.733 --> 43:49.500
THOUGHTS, MARJORIE, THE MORE

43:49.500 --> 43:52.100
SERIOUS CRIMES DEMAND A MORE

43:52.100 --> 43:52.633
SERIOUS FEE.

43:52.633 --> 43:54.467
SO AS WE GO UP THE LADDER ON

43:54.467 --> 43:56.267
WHAT IS, PEOPLE ARE ARRESTED

43:56.267 --> 43:58.867
FOR, YOU'RE NOT GOING TO TAKE AN

43:58.867 --> 44:00.400
ARMED ROBBERY AND REPRESENT

44:00.400 --> 44:02.167
THOSE GUYS FOR SOMETHING THAT IS

44:02.167 --> 44:03.700
GOING TO TAKE MONTHS OF YOUR

44:03.700 --> 44:05.767
TIME AS OPPOSED TO DAYS OF YOUR

44:05.767 --> 44:08.067
TIME, SO THERE IS A DIFFERENTIAL

44:08.067 --> 44:09.667
BETWEEN THE TYPE OF DREAMS THAT

44:09.667 --> 44:11.433
YOU'RE CHARGED WITH, AS WELL.

44:11.433 --> 44:14.700
>> I'M IN A UNIQUE SITUATION IN

44:14.700 --> 44:16.067
THAT MY CLIENT IN THE JUVENILE

44:16.067 --> 44:19.867
COURT ARE INDIGENT.

44:19.867 --> 44:21.733
I'VE NEVER HAD A CLIENT WITH

44:21.733 --> 44:23.500
THEIR OWN CAPACITY TO PLAY AND

44:23.500 --> 44:26.100
FURTHER, UNLOUISIANA LAW, THEY

44:26.100 --> 44:30.467
ARE PRESUMED TO BE INDIGENT.

44:30.467 --> 44:32.233
OUR JUDGES COLLECT THE

44:32.233 --> 44:33.967
ENROLLMENT FEES AND APPLICATION

44:33.967 --> 44:37.167
FEES AND ASSESS MODEST FEES FOR

44:37.167 --> 44:38.267
OUR REPRESENTATION.

44:38.267 --> 44:39.833
SO YOU FOE, THAT'S -- IT IS

44:39.833 --> 44:41.400
SOMETHING THAT WE'RE DOING HERE

44:41.400 --> 44:43.233
IN BATON ROUGE BUT TO GO BACK TO

44:43.233 --> 44:45.567
THE EARLIER DISCUSSION, WHEN WE

44:45.567 --> 44:48.300
WERE TALKING ABOUT

44:48.300 --> 44:49.533
SPECIALIZATION, SPECIALIZATION

44:49.533 --> 44:53.867
IN JUVENILE COURT IS EVEN MORE

44:53.867 --> 44:56.033
PRONOUNCED THAN IN CRIMINAL

44:56.033 --> 44:57.400
COURT.

44:57.400 --> 45:00.967
SO, TO LOOK FOR A WAY TO SIMPLY

45:00.967 --> 45:05.733
APPOINT PRIVATE COUNSEL TO LEAPT

45:05.733 --> 45:06.833
YOUNG PEOPLE WHO ARE --

45:06.833 --> 45:08.100
REPRESENT YOUNG PEOPLE WHO ARE

45:08.100 --> 45:09.567
CHARGED IN THE CRIMINAL CODE BUT

45:09.567 --> 45:11.633
ALSO HAVE PROCEDURAL RIGHTS TO

45:11.633 --> 45:12.700
COME OUT OF THE CHILDREN'S CODE

45:12.700 --> 45:14.367
WHICH NO ONE ELSE KNOWS ABOUT,

45:14.367 --> 45:16.700
IT SIMPLY DOES NOT WORK AND I'M

45:16.700 --> 45:18.100
CONCERNED BECAUSE ONE OF THE

45:18.100 --> 45:20.700
ISSUES THAT WE'RE FACING IS THE

45:20.700 --> 45:26.000
POSSIBILITY THAT IN THIS FISCAL

45:26.000 --> 45:31.367
CRISIS TIME, JUVENILE DIE DEFENSE

45:31.367 --> 45:32.767
MAY BE THE FIRST AREA CUT.

45:32.767 --> 45:34.333
>> IF THE JUDGES ARE COLLECTING

45:34.333 --> 45:37.333
FEES AND DOING ASSESSMENTS WHY

45:37.333 --> 45:39.900
ARE THE PUBLIC DEFENDERS OFFICES

45:39.900 --> 45:42.000
SAYING WE ARE OUT OF MONEY CAN'T

45:42.000 --> 45:42.667
REPRESENT MORE PEOPLE.

45:42.667 --> 45:44.067
WHAT IS HAPPENING HERE?

45:44.067 --> 45:46.000
IF THE MONEY SOURCE IS THERE AND

45:46.000 --> 45:48.367
BEING COLLECTED, WHY IS IT BEING

45:48.367 --> 45:50.000
DEPLETED SO QUICKLY?

45:50.000 --> 45:51.400
>> THE MINUTES THAT ARE

45:51.400 --> 45:53.333
COLLECTED FROM THE CLIENTS MAKE

45:53.333 --> 45:58.800
UP A MINUTE US CALL                MINUS

45:58.800 --> 45:59.267
BUDGET.

45:59.267 --> 46:03.500
OUR BUDGET IN 2015 WAS, I THINK,

46:03.500 --> 46:04.600
5,101,000 AND WE CAN COMPARE

46:04.600 --> 46:07.267
THAT TO, SAY, THE DISTRICT

46:07.267 --> 46:09.133
ATTORNEY'S BUDGET WHICH IN 2014

46:09.133 --> 46:10.800
WAS AROUND $13 MILLION SO THERE

46:10.800 --> 46:13.700
IS A REAL DIFFERENCE, BUT EVEN

46:13.700 --> 46:16.800
GIVEN OUR VERY SMALL BUDGET IN

46:16.800 --> 46:17.867
COMPARISON, THE PART OF THAT

46:17.867 --> 46:20.267
BUDGET THAT'S REPRESENTED BY THE

46:20.267 --> 46:22.500
$40 APPLICATION FEE OR THE

46:22.500 --> 46:25.067
MODEST ASSESSMENTS IS A DROP IN

46:25.067 --> 46:25.833
THE BUCKET.

46:25.833 --> 46:27.167
IT IS A RED HERRING.

46:27.167 --> 46:29.033
>> I CAN PUT IT --

46:29.033 --> 46:33.467
>> LET ME GET TO --

46:33.467 --> 46:36.700
>> IT WOULD REALLY EQUATE TO

46:36.700 --> 46:37.933
$1.5 MILLION AND I THINK LAST

46:37.933 --> 46:39.533
YEAR IT WAS 128,000.

46:39.533 --> 46:42.600
BUT IN OTHER YEARS IT HAS BEEN

46:42.600 --> 46:44.400
400,000, 500,000 SO THERE IS A

46:44.400 --> 46:45.500
BIG DIFFERENCE.

46:45.500 --> 46:48.833
AND IT GOES JUDGE BY JUDGE,

46:48.833 --> 46:50.367
PERSON BY PERSON AND I THINK

46:50.367 --> 46:52.800
EVERYONE HAS TO DO A BETTER JOB

46:52.800 --> 46:54.000
OF THE $40 COLLECTION.

46:54.000 --> 46:55.400
IT IS A LOT OF MONEY.

46:55.400 --> 46:58.400
FOR A BUDGET OF $5 MILLION, YOU

46:58.400 --> 46:59.433
ADD A MILLION AND A HALF, THAT

46:59.433 --> 47:00.600
IS A LOT OF MONEY.

47:00.600 --> 47:02.800
>> HAVE YOUD A SLOW INDICATED TO

47:02.800 --> 47:03.667
THE JUDGE?

47:03.667 --> 47:10.267
-- HAVE YOUD A SLOW             YOU ADVO

47:10.267 --> 47:10.667
JUDGE?

47:10.667 --> 47:12.833
>> WE CERTAINLY HAVE, BUT IT IS

47:12.833 --> 47:15.200
A DAILY FEET AND DAILY GRIND ON

47:15.200 --> 47:17.367
EVERY CASE TO COLLECT THE $40.

47:17.367 --> 47:19.233
AND I BELIEVE THAT THE PUBLIC

47:19.233 --> 47:20.700
DEFENDERS GOT TOGETHER WITH

47:20.700 --> 47:22.733
REVENUE AS WE HAVE HERE, AND

47:22.733 --> 47:24.733
COLLECTED MONEY AS WE HAVE, I

47:24.733 --> 47:26.533
THINK THAT OFFICE AND OTHER

47:26.533 --> 47:28.533
OFFICES, MAINLY BIGGER OFFICES,

47:28.533 --> 47:29.900
THEY HAVE A LOT OF MONEY THEY

47:29.900 --> 47:33.367
CAN COLLECT ON A SMALL AMOUNT

47:33.367 --> 47:39.333
FROM THE DEFENDANT.

47:39.333 --> 47:40.833
>> I HAVE ASSESSED FEES IF THEY

47:40.833 --> 47:42.733
CAN PAY, EVEN IF HE THINKS THEY

47:42.733 --> 47:44.700
CAN PAY, HE DOESN'T NECESSARILY

47:44.700 --> 47:46.433
ASK FOR ALL THEIR PAPERWORK BUT

47:46.433 --> 47:47.800
EVEN IF HE THINKS THEY CAN PAY

47:47.800 --> 47:51.067
HE WILL ASSESS A 100, $150 FEE.

47:51.067 --> 47:55.000
BUT THEN YOU GO BACK TO WHAT

47:55.000 --> 47:56.100
MR. DIXON SAID, YOU HAVE A

47:56.100 --> 47:59.367
DEFENDANT WHO MAY NOT HAVE THAT

47:59.367 --> 48:03.267
$150 WHO THE DA'S OFFICE, NO

48:03.267 --> 48:05.367
OFFENSE WILL OFFER THEM $150 DOS

48:05.367 --> 48:07.533
OF PROSECUTION OR DISMISSAL,

48:07.533 --> 48:10.433
THEY'RE GOING TO PAY THAT FIRST.

48:10.433 --> 48:12.500
THE $150 ASSESSED IT IS THE

48:12.500 --> 48:13.667
PDs OFFICE RESPONSIBILITY TO

48:13.667 --> 48:14.133
COLLECT.

48:14.133 --> 48:15.300
WE HAVE A CONFLICT OF INTEREST

48:15.300 --> 48:17.600
AND ALTHOUGH I'M NO LONGER

48:17.600 --> 48:19.133
THERE, I STILL ASSOCIATE MYSELF

48:19.133 --> 48:21.267
THERE WE HAVE A CONFLICT OF

48:21.267 --> 48:22.533
INTEREST GOING BACK TO THE COURT

48:22.533 --> 48:26.167
AND SAYING, YOUR HONOR, THIS

48:26.167 --> 48:27.467
DEFENDANT DOESN'T PAY US OWS

48:27.467 --> 48:27.867
MONEY.

48:27.867 --> 48:30.333
THE JUDGE THROWS THEM IN JAIL

48:30.333 --> 48:31.467
FOR CONTEMPT OF COURT.

48:31.467 --> 48:32.900
THAT GOES AGAINST WHAT WE'RE

48:32.900 --> 48:34.733
DOING AT PUBLIC DEFENDERS SO NOW

48:34.733 --> 48:37.567
IT IS THE PUBLIC DEFENDARIES

48:37.567 --> 48:40.400
OFFICE TO DO AS MR. DIXON SAID

48:40.400 --> 48:41.800
AND TAKE THAT MONEY FROM THEIR

48:41.800 --> 48:45.133
TAX RETURNS, WHICH MAY BE

48:45.133 --> 48:45.667
NONEXISTENT.

48:45.667 --> 48:49.000
>> HOWL DO                       

48:49.000 --> 48:49.400
NONEXISTENT.

48:49.400 --> 48:50.333
>> HOW DO YOU FIT IN THIS?

48:50.333 --> 48:53.667
>> WE WORK FOR AN OFFICE AND OUR

48:53.667 --> 48:56.633
ROLE IS TO PROVIDE TRIAL-LEVEL

48:56.633 --> 48:58.233
CAPITAL DEFENSE ACROSS THE

48:58.233 --> 49:00.800
STATE, AND THERE ARE PEOPLE

49:00.800 --> 49:02.100
WITHIN THE STATE THAT BELIEVE WE

49:02.100 --> 49:05.467
ARE ONE OF THE MAIN PROBLEMS

49:05.467 --> 49:06.567
WITH THE CURRENT FINANCIAL

49:06.567 --> 49:08.100
SITUATION THAT OFFICES LIKE OURS

49:08.100 --> 49:09.900
RECEIVED TOO MUCH MONEY.

49:09.900 --> 49:11.467
NOW, I DON'T THINK THAT HOLDS

49:11.467 --> 49:12.833
WATER WHEN YOU LOOK AT THE

49:12.833 --> 49:14.067
ACTUAL NUMBERS BECAUSE WHEN YOU

49:14.067 --> 49:15.267
LOOK AT THE ACTUAL NUMBERS IT

49:15.267 --> 49:17.233
WAS ALLOCATED IN THE STATE

49:17.233 --> 49:19.167
PUBLIC DEFENDER BUDGET, LAST

49:19.167 --> 49:21.833
YEARS WAS $9.9 MILLION.

49:21.833 --> 49:24.067
DIVIDE IT ABOUT HALF BETWEEN

49:24.067 --> 49:26.067
OFFICES THAT HANDLE TRIAL

49:26.067 --> 49:29.667
MATTERS AND OFFICES THAT HANDLE

49:29.667 --> 49:30.633
APPELLATE MATTERS.

49:30.633 --> 49:34.067
IT IS ABOUT $5.3 MILLION AND

49:34.067 --> 49:39.767
THAT WASSAL OH           WAS ALLOCATED.

49:39.767 --> 49:41.100
WHEN YOU COMPARE THAT VERSES

49:41.100 --> 49:42.600
WHAT IS SENT TO THE DISTRICTS

49:42.600 --> 49:45.067
FROM LOCAL FINANCES AND FROM THE

49:45.067 --> 49:49.433
STATE, THAT IS A DROP IN THE

49:49.433 --> 49:51.767
BUCKET FOR LARGER DISTRICTS AND

49:51.767 --> 49:53.800
MORE RURAL DISTRICTS BUT THE

49:53.800 --> 49:56.067
QUESTION IS FOR THE PANEL, WHAT

49:56.067 --> 49:57.500
DO THEY THINK WILL HAPPEN IF YOU

49:57.500 --> 50:01.067
SHIFT ALL THAT MONEY BACK TO THE

50:01.067 --> 50:02.667
DISTRICTS?

50:02.667 --> 50:04.300
WHERE WE WILL HAVE PRANCE A

50:04.300 --> 50:06.167
MARGINAL IMPACT ON THE ACTUAL

50:06.167 --> 50:08.200
REVENUE IN THE OFFICE, AND THEN

50:08.200 --> 50:11.100
YOU HAVE NO ONE LEFT TO PROVIDE

50:11.100 --> 50:12.300
CAPITAL DEFENSE BECAUSE THERE

50:12.300 --> 50:15.700
ARE TWO BILLS IN THIS

50:15.700 --> 50:17.800
LEGISLATIVE SESSION, HOUSE BILL

50:17.800 --> 50:20.767
818 WHICH WOULD SEEK TO DEFUND

50:20.767 --> 50:23.633
THESE PROGRAMS AND SENATE BILL

50:23.633 --> 50:28.200
374, MR. CLAITOR'S BILL, WAY PUT

50:28.200 --> 50:30.733
THESE PROGRAMS IN DEEP, DEEP

50:30.733 --> 50:31.167
TROUBLE.

50:31.167 --> 50:32.333
>> MR.ED A.

50:32.333 --> 50:32.667
S.

50:32.667 --> 50:35.400
>> IT IS INTERESTING --

50:35.400 --> 50:35.867
MR. ADAMS.

50:35.867 --> 50:37.900
>> IT IS INTERESTING, THIS BOARD

50:37.900 --> 50:41.433
FUNDS DAPT CASES A THIRD OF THE

50:41.433 --> 50:48.067
APPROPRIATED MONEY FROM THE

50:48.067 --> 50:50.000
STATE AT THE SAME TIME

50:50.000 --> 50:51.533
DECERTIFYING, DEQUALIFYING

50:51.533 --> 50:53.600
ABSOLUTELY EXPERT CAPITAL

50:53.600 --> 50:54.200
DEFENDERS.

50:54.200 --> 50:56.633
THEY'VE DONE IT ALL ACROSS THE

50:56.633 --> 51:01.567
STATE, THEY CAN SEND THE MONEY

51:01.567 --> 51:03.033
TO FIRMS LIKE YOURS.

51:03.033 --> 51:06.867
IT MAY BE THE BEST MOVE BUT IT

51:06.867 --> 51:08.133
BEGS OUR EXPLANATION.

51:08.133 --> 51:10.733
>> I THINK THE EXPLANATION IS

51:10.733 --> 51:13.033
THIS, WHICH THE DISTRICT

51:13.033 --> 51:14.567
ATTORNEY'S ASSOCIATION IS UPSET

51:14.567 --> 51:17.200
THEY'RE LOSING THE DEATH

51:17.200 --> 51:17.700
PENALTY.

51:17.700 --> 51:18.733
THESE OFFICES HAVE BEEN

51:18.733 --> 51:20.500
EFFECTIVE IN LIMITING THE DEATH

51:20.500 --> 51:23.733
PENALTY IN TERMS OF CONVICTIONS

51:23.733 --> 51:25.533
IN TERMS OF INDICTMENTS FOR

51:25.533 --> 51:27.500
ABOUT THE LAST 15 TO 20 YEARS.

51:27.500 --> 51:29.833
THESE OFFICES ARE THE BEST WAY

51:29.833 --> 51:31.300
TO WORK AGAINST THE DEATH

51:31.300 --> 51:32.767
PENALTY IN THE STATE AND THEY'RE

51:32.767 --> 51:33.833
UPSET ABOUT THAT.

51:33.833 --> 51:39.900
>> IF I COULD JUST ADD REAL

51:39.900 --> 51:42.200
QUICK, WE HAVE A HIGHS RATE OF

51:42.200 --> 51:44.333
EXON RATION SO THIS ARGUMENT

51:44.333 --> 51:48.133
MIGHT BE A LITTLE MOOT IF THERE

51:48.133 --> 51:50.133
HADN'T BEEN INNOCENT PEOPLE ON

51:50.133 --> 51:54.000
DEATH ROW, BUT HAS BEEN

51:54.000 --> 51:56.700
DISCOVERED SO THEY DO NEED AN

51:56.700 --> 51:57.500
ADEQUATE DEFENSE.

51:57.500 --> 51:59.933
>> YOU'RE SAYING PUBLIC

51:59.933 --> 52:01.933
DEFENDERS CAN'T PROVIDE ADEQUATE

52:01.933 --> 52:03.567
DEFENSE, I'VE WORKED IN THE

52:03.567 --> 52:04.833
CAPITAL AND I CAN TELL WITH YOU

52:04.833 --> 52:06.367
MAY CASE LOAD THAT I HAD ON THE

52:06.367 --> 52:08.667
PUBLIC DEFENDER'S OFFICE, WITH

52:08.667 --> 52:10.733
ALL DUE RESPECT, I CANNOT

52:10.733 --> 52:11.567
ADEQUATELY DEFEND.

52:11.567 --> 52:13.700
>> IF YOU HAD SPECIFIED IN THE

52:13.700 --> 52:17.533
PUBLIC DEFENDERS OFFICE TO BE A

52:17.533 --> 52:19.367
SPECIAL DEFENDER FOR THOSE CASES

52:19.367 --> 52:21.200
THE PUBLIC DEFENDER'S OFFICE

52:21.200 --> 52:22.400
COULD STILL RECEIVE THAT MONEY

52:22.400 --> 52:23.633
AND YOU COULD STILL BE THERE.

52:23.633 --> 52:25.633
I FEEL LIKE IT GIVE AS LIGHT

52:25.633 --> 52:27.800
THAT PUBLIC DEFENDERS IN GENERAL

52:27.800 --> 52:30.133
ARE NOT ADEQUATE ATTORNEYS TO

52:30.133 --> 52:31.000
REPRESENT THESE CASES.

52:31.000 --> 52:33.033
>> THERE IS STILL NOT ENOUGH

52:33.033 --> 52:35.033
MONEY ALLOCATED TO BEGIN WITH.

52:35.033 --> 52:37.933
IN OCTOBER OF 2015, THE PUBLIC

52:37.933 --> 52:39.333
DEFENDER BOARD AND STATE

52:39.333 --> 52:43.667
PLANNING ASKED FOR

52:43.667 --> 52:44.300
$75.9 MILLION.

52:44.300 --> 52:50.167
A NUMBER MR.ED       MR. ADAMS BROUGHT U

52:50.167 --> 52:51.333
EARLIER IN THE COUNTRY, MY

52:51.333 --> 52:53.567
QUESTION WOULD BE, WHAT WAS THE

52:53.567 --> 52:55.067
DISTRICT ATTORNEY'S OFFICE

52:55.067 --> 52:56.367
POSITION ON THAT REQUEST.

52:56.367 --> 52:58.967
WE DID NOT TAKE A POSITION

52:58.967 --> 53:00.133
OPPOSING THAT WITH I WOULD NEVER

53:00.133 --> 53:02.700
OPPOSE FUNDING FOR A PUBLIC

53:02.700 --> 53:04.867
DEFENSE EXCEPT WHEN THEY TRIED

53:04.867 --> 53:06.500
TO INCREASE THE TRAFFIC FEES, A

53:06.500 --> 53:08.033
SYSTEM YOU AGREE IS NOT THE BEST

53:08.033 --> 53:09.567
WAY TO FUND YOUR SYSTEM.

53:09.567 --> 53:10.700
THAT IS THE ONLY TIME --

53:10.700 --> 53:13.500
>> DON'T YOU THINK IF THE STATE

53:13.500 --> 53:16.867
WANTS TO EXECUTE SOMEBODY THAT

53:16.867 --> 53:18.000
PERSON SHOULD BE THE BEST

53:18.000 --> 53:19.900
POSSIBLE DEFENSE SO THERE IS NOT

53:19.900 --> 53:21.433
A MISTAKE.

53:21.433 --> 53:23.100
SO SOMEBODY DOESN'T SET ON DEATH

53:23.100 --> 53:26.667
ROW OR IS EXECUTED WHEN THEY ARE

53:26.667 --> 53:27.100
INNOCENT.

53:27.100 --> 53:27.867
I THINK THAT'S --

53:27.867 --> 53:30.200
>> THAT'S WHAT WE'RE TALKING

53:30.200 --> 53:30.933
ABOUT HERE.

53:30.933 --> 53:32.333
HOW MUCH IS THE DOLLAR FIGURE ON

53:32.333 --> 53:32.700
THAT?

53:32.700 --> 53:33.400
HOW MUCH IS IT?

53:33.400 --> 53:36.633
>> WELL, APART FROM THE OBVIOUS

53:36.633 --> 53:39.600
FACT THAT WE CANNOT, AS SOCIETY,

53:39.600 --> 53:41.200
ALLOW OURSELVES TO EXECUTE

53:41.200 --> 53:43.900
SOMEBODY WHO IS INNOCENT WITHOUT

53:43.900 --> 53:45.567
AT LEAST DOING EVERYTHING

53:45.567 --> 53:48.133
POSSIBLE TO PREVENT IT, BUT ON A

53:48.133 --> 53:50.000
MORE PRACTICAL LEVEL, THERE ARE

53:50.000 --> 53:52.033
SPECIAL CONSTITUTIONAL RIGHTS

53:52.033 --> 53:54.000
THAT FLOW TO PEOPLE FACING

53:54.000 --> 53:55.900
CAPITAL PUNISHMENT AND WE HAVE

53:55.900 --> 53:57.967
AN OBLIGATION UNDER OUR

53:57.967 --> 53:59.233
CONSTITUTION TO ENSURE THAT

53:59.233 --> 54:01.133
THOSE RIGHTS ARE MET.

54:01.133 --> 54:03.367
>> I WILL JUST ADD THAT THE

54:03.367 --> 54:04.867
DISTRICT ATTORNEYS HAVE A STAKE

54:04.867 --> 54:06.867
IN MAKING THIS THING WORK.

54:06.867 --> 54:09.633
WE HAVE A STAKE IN MAKING SURE

54:09.633 --> 54:14.367
WE DON'T EXECUTE ANYBODY WHO IS

54:14.367 --> 54:14.967
INNOCENT.

54:14.967 --> 54:16.267
WE DON'T THAT I TRAFFIC TICKETS

54:16.267 --> 54:18.633
IS A WAY TO FUND THATS OFFICE.

54:18.633 --> 54:20.167
WE THINK OUGHT TO BE FUNDED

54:20.167 --> 54:24.367
THROUGH THE LEGISLATURE.

54:24.367 --> 54:26.667
AN ADDED BENEFIT TO THAT LOOK

54:26.667 --> 54:28.333
CLOSER AT THE SPENDING

54:28.333 --> 54:29.667
PRIORITIES AND WE WOULD HAVE

54:29.667 --> 54:30.800
CONFIDENCE IN WHATEVER LEVEL

54:30.800 --> 54:31.800
THEY NEED TO BE FUNDED.

54:31.800 --> 54:33.867
>> AS FAR AS THE DISTRICT

54:33.867 --> 54:35.633
ATTORNEYS, PARTICULARLY MY OWN

54:35.633 --> 54:37.167
DISTRICT ATTORNEY, HIS BENCHMARK

54:37.167 --> 54:40.533
IS NOT CONVICTIONS AND DEATH

54:40.533 --> 54:41.000
PENALTIES.

54:41.000 --> 54:43.867
HIS BENCHMARK IS, WAS JUSTICE

54:43.867 --> 54:45.467
SERVED SO I DON'T WANT TO LEAVE

54:45.467 --> 54:48.433
THE IMPRESSION OUR DAs ACROSS

54:48.433 --> 54:50.600
LOUISIANA ARE BLOOD-THIRSTY

54:50.600 --> 54:52.467
FOLKS LOOKING TO EXECUTE PEOPLE.

54:52.467 --> 54:55.633
THEY'RE LOOKING FOR JUSTICE AND

54:55.633 --> 54:57.300
JUSTICE ISN'T DONE IF FOLKS ARE

54:57.300 --> 55:00.000
NOT PROPERLY DEFENDED.

55:00.000 --> 55:02.133
NOBODY IN THIS STATE WANTS TO

55:02.133 --> 55:03.433
SEND INNOCENT PEOPLE TO THE

55:03.433 --> 55:04.133
GALLON LOWS.

55:04.133 --> 55:05.800
>> AMEN.

55:05.800 --> 55:06.300
MR. DIXON.

55:06.300 --> 55:08.133
>> ONE THING THAT NEEDS TO BE

55:08.133 --> 55:09.733
SAID, THERE IS THERE ALLEGATION

55:09.733 --> 55:11.867
THAT ALL MONEY GOSS TO CAPITAL.

55:11.867 --> 55:13.567
THAT IS NOT TRUE.

55:13.567 --> 55:15.733
75% OF PUBLIC DEFENSE MONEY

55:15.733 --> 55:18.400
GEAUX GOES TO THE DISTRICTS.

55:18.400 --> 55:19.467
75%.

55:19.467 --> 55:21.833
IT'S NOT HALF, IT'S HE NOT -- IT

55:21.833 --> 55:24.200
IS 75% OF ALL PUBLIC SPENDING ON

55:24.200 --> 55:26.733
PUBLIC DEFENSE IS IN THE

55:26.733 --> 55:27.233
DIRECTS.

55:27.233 --> 55:29.200
WE DO SPEND $10 MILLION A YEAR

55:29.200 --> 55:30.733
ON CAPITAL DEFENSE.

55:30.733 --> 55:32.300
A, IT'S EXPENSIVE.

55:32.300 --> 55:35.200
THIS IS A COMPLAINT YOU HAVE

55:35.200 --> 55:35.967
NATIONWIDE.

55:35.967 --> 55:37.500
EVERY STATES THAT HAS A DEATH

55:37.500 --> 55:38.867
PENALTY COME TO PLAINS ABOUT HOW

55:38.867 --> 55:41.233
MUCH MONEY IS SPENT ON CAPITAL

55:41.233 --> 55:41.733
DEFENSE.

55:41.733 --> 55:42.733
I WOULD ALSO POINT OUT THAT

55:42.733 --> 55:44.033
THERE ARE DISTRICTS IN THIS

55:44.033 --> 55:47.167
STATE THAT CANNOT AFFORD TO PAY

55:47.167 --> 55:48.333
FOR CAPITAL DEFENSE.

55:48.333 --> 55:49.567
IF WE DON'T HAVE THE PROGRAM,

55:49.567 --> 55:51.733
THERE ARE HALF OF OUR DIRECTS

55:51.733 --> 55:53.833
WILL -- ESSENTIALLY, ELIMINATE

55:53.833 --> 55:55.967
THE DEATH PENALTY BECAUSE THEY

55:55.967 --> 55:57.667
WILL NOT HAVE THE CAPABILITY OF

55:57.667 --> 55:59.367
GETTING LAWYERS TO HANDLE THE

55:59.367 --> 56:01.667
DEATH PENALTY OF THOSE

56:01.667 --> 56:02.033
DISTRICTS.

56:02.033 --> 56:05.967
I CAN TELL HE CAMERON PARLISH

56:05.967 --> 56:08.067
DOES NOT HAVE THE ABILITY TO

56:08.067 --> 56:09.800
HANDLE ONE CAPITAL CASE, NOT

56:09.800 --> 56:10.267
ONE.

56:10.267 --> 56:11.767
>> GIVE US A SENSE OF HOW DIRE

56:11.767 --> 56:12.533
THINGS ARE.

56:12.533 --> 56:15.700
WE'VE RUN OUT OF TIME FOR OUR

56:15.700 --> 56:18.300
QUESTION AND ANSWER SEGMENT.

56:18.300 --> 56:20.433
WE WILL LIKE TO THANK OUR

56:20.433 --> 56:22.000
PANELISTS FOR THEIR INSIGHT ON

56:22.000 --> 56:22.867
TONIGHT'S TOPIC.

56:22.867 --> 56:24.167
WHEN WE COME BACK, WE WILL HAVE

56:24.167 --> 56:26.000
A FEW CLOSING COMMENTS.

56:26.000 --> 56:29.667
*

56:33.333 --> 56:35.367
>> MICHAEL, CERTAINLY THIS IS A

56:35.367 --> 56:37.400
VERY COMPLICATED TOPIC AND ONE

56:37.400 --> 56:38.933
OF THE THINGS WE FOUND OUT

56:38.933 --> 56:40.367
TONIGHT WAS THAT WHEN JUDGES

56:40.367 --> 56:43.900
HAVE AN AWFUL LOT TO STAY ABOUT

56:43.900 --> 56:44.267
--

56:44.267 --> 56:45.433
>> DIFFERS VIEWS ACROSS THE

56:45.433 --> 56:46.033
STATE HERE.

56:46.033 --> 56:47.467
>> AND ALSO, THIS IS A TOPIC

56:47.467 --> 56:49.400
THAT WE, AND A PROBLEM THAT WE

56:49.400 --> 56:51.467
HAVE TO ALL DEAL WITH ON ALL

56:51.467 --> 56:53.033
SIDES BECAUSE IT IS CERTAINLY

56:53.033 --> 56:54.867
SOMETHING WE EXPECT IN AMERICA

56:54.867 --> 56:56.100
TO HAVE.

56:56.100 --> 56:57.467
A JUDICIAL SYSTEM THAT WORKS.

56:57.467 --> 56:59.500
>> AND, MIRANDA HAS BEEN AROUND

56:59.500 --> 57:02.033
FOR A LONG TIME, AS FAR AS THE

57:02.033 --> 57:03.667
MIRANDA RIGHTS ARE CONCERNED.

57:03.667 --> 57:05.467
THAT'S THE TIME WE HAVE FOR THIS

57:05.467 --> 57:06.400
EDITION OF "LOUISIANA PUBLIC

57:06.400 --> 57:07.633
SQUARE".

57:07.633 --> 57:10.100
WE ENCOURAGE YOU TO VISIT OUR

57:10.100 --> 57:11.633
WEBSITE AS LPB.ORG/PUBLICSQUARE.

57:11.633 --> 57:13.333
WHILE YOU'RE THERE VIEW

57:13.333 --> 57:14.400
ADDITIONAL SOUND BYTES AND

57:14.400 --> 57:16.600
COMMENT ON TONIGHT'S SHOW.

57:16.600 --> 57:17.933
WE WOULD LOVE TO HEAR FROM YOU.

57:17.933 --> 57:19.267
>> INDEED, WE WOULD.

57:19.267 --> 57:24.000
NEXT MONTH, DEATHS FROM DRUG

57:24.000 --> 57:26.467
OVERDOSES HAVE JUMPED ACROSS THE

57:26.467 --> 57:29.467
U.S. DRIVEN BY AN ADDICTION TO

57:29.467 --> 57:31.267
PRESCRIPTION PAINKILLERS AND

57:31.267 --> 57:31.833
HEROIN.

57:31.833 --> 57:33.267
HEROIN REACHED A RECORD HIGH

57:33.267 --> 57:35.300
THIS YEAR, EVEN AS THE STATE

57:35.300 --> 57:36.767
LEGISLATURE HAS INCREASED

57:36.767 --> 57:39.067
PENALTIES FOR DEALING THE DRUG.

57:39.067 --> 57:42.667
JOIN US NEXT MONTH FOR OPIATES

57:42.667 --> 57:43.733
IN THE BAYOU STATE.

57:43.733 --> 57:45.167
THANKS FOR WATCHING US THIS

57:45.167 --> 57:45.600
EVENING.

57:45.600 --> 57:46.033
GOOD NIGHT.

57:46.033 --> 57:54.833
>> GOOD NIGHT.

57:54.833 --> 57:56.900
*

58:16.267 --> 58:18.333
>> FOR A DROP ME OF THIS

58:18.333 --> 58:26.367
PROGRAM, CALL 1-800-973-7346.

58:26.367 --> 58:30.233
OR GO ONLINE TO LPB.ORG.

58:30.233 --> 58:32.367
>> SUPPORT FOR THIS PROGRAM IS

58:32.367 --> 58:34.733
PROVIDED BY THE FOUNDATION FOR

58:34.733 --> 58:35.633
EXCELLENCE IN LOUISIANA PUBLIC

58:35.633 --> 58:37.367
BROADCASTING AND FROM VIEWERS

58:37.367 --> 58:42.433
LIKE YOU.

58:42.433 --> 58:42.433
LIKE YOU.