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Regular Session, 2013
SENATE CONCURRENT RESOLUTI ON NO. 99
BY SENATOR CROWE
PUBLIC DEFENDER. Requests the Louisiana Public Defender Board to study whether the
statewide public defender system should be privatized via a system of contract employment.
A CONCURRENT RESOLUTI ON1
To urge and request that the Louisiana Public Defender Board study the feasibility,2
desirability, and practicality of delivering a statewide public defender system through3
an exclusively contract system.4
WHEREAS, the Louisiana Public Defender Board was created in 2007 to provide5
for the supervision, administration, and delivery of a statewide public defender system that6
must deliver uniform public defender services in all courts of this state, in accordance with7
the Sixth and Fourteenth Amendments to the United States Constitution and Article I,8
Section 13 of the Constitution of Louisiana; and 9
WHEREAS, in pursuit of equal justice, the board advocates for clients, supports10
practitioners, and protects the public by continually improving the services guaranteed by11
the constitutional right to counsel; and12
WHEREAS, the method of delivery of public defender services in each judicial13
district shall be approved by the board to the extent that the method is meeting or is able to14
meet the performance standards and guidelines of the board, and the board may change the15
method of delivery in order to ensure compliance with best practices reflected in the16
performance standards and guidelines; and17
WHEREAS, except for the inherent regulatory authority of the Louisiana Supreme18 SCR NO. 99
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Court provided for in Article V, Section 5 of the Constitution of Louisiana regarding the1
regulation of the practice of law, the Louisiana Public Defender Board shall have all2
regulatory authority, control, supervision, and jurisdiction, including auditing and3
enforcement, and all power incidental or necessary to such regulatory authority, control,4
supervision, and jurisdiction over all aspects of the delivery of public defender services5
throughout the courts of the state of Louisiana; and6
WHEREAS, Louisiana, along with Illinois, has the highest exoneration rate of any7
other state in the United States of America, resulting in the incarceration of citizens for8
crimes that they did not commit; and9
WHEREAS, since January 2012, Louisiana has had two public defender offices10
forced to restrict services for lack of sufficient funding, in that those offices could no longer11
ethically or professionally provide public defender services to all eligible clients, and several12
other public defender offices have had to make significant cuts to their budgets for lack of13
sufficient funding; and14
WHEREAS, at present, Louisiana has two full-time staff public defender offices;15
nineteen full-time decentralized public defender offices; eight centralized contract public16
defender offices; five public defender offices in transition to a centralized full-time office;17
and eight hybrid public defender offices; and18
WHEREAS, the Louisiana Public Defender Board's strategic plan calls for an19
evaluation of the cost-effectiveness of contract versus staff delivery systems on a20
district-by-district basis, with full consideration of appropriate salary ranges, to be completed21
by Fiscal Year 2015; and22
WHEREAS, the Louisiana Public Defender Board is statutorily mandated to adopt23
rules for the establishment of salary ranges for attorneys and support staff delivering public24
defender services, taking into consideration variations in public defense practices and25
procedures in rural, urban, and suburban districts, as well as professional experience,26
pursuant to R.S. 15:147(B)(16).27
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby28
urge and request the Louisiana Public Defender Board to study the feasibility, desirability,29
and practicality of delivering a statewide public defender system through an exclusively30 SCR NO. 99
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contract employment system, or through an exclusively full-time staff system, and to report1
its findings to the legislature not later than January 15, 2015.2
BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the3
Louisiana Public Defender Board and the state public defender.4
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Alden A. Clement, Jr.
DIGEST
Crowe SCR No. 99
Requests the La. Public Defender Bd. to study whether the statewide public defender system
should be privatized via a system of exclusively contract employment and report its findings
to the legislature by January 15, 2015.
Summary of Amendments Adopted by Senate
Committee Amendments Proposed by Senate Committee on Judiciary C to the
original bill
1. Change description of current scheme of public defender offices.
2. Add provisions relative to regulatory authority, control, supervision, and
jurisdiction of the La. Public Defender Bd.
3.Add provision regarding exoneration rates.
4.Add provision regarding insufficient funding of certain public defender
offices.
5.Add provision regarding the board's strategic plan.
6.Add provision regarding salaries of public defender office attorneys and
support staff.
7. Change date report of board is due to legislature from January 10, 2014, to
January 15, 2015.