HLS 15RS-3831 ORIGINAL
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 196
BY REPRESENTATIVE SEABAUGH
CRIMINAL/PROCEDURE: Directs the creation of an Indigent Defense Review Committee
1 A CONCURRENT RESOL UTION
2To authorize and direct the creation of an Indigent Defense Review Committee, within the
3 Louisiana Commission on Law Enforcement and Criminal Justice, to study the
4 constitutionally required standards of indigent criminal defense, the fiscal priorities
5 of the Louisiana Public Defender Board in relation to its mission, and the
6 composition of the Louisiana Public Defender Board in consideration of potential
7 conflicts of interest and fiduciary responsibility to the state of Louisiana, considering
8 the limited fiscal resources of the state of Louisiana.
9 WHEREAS, the Louisiana Supreme Court has the sole authority to regulate the
10practice of law in the state of Louisiana; and
11 WHEREAS, the Legislature of Louisiana has the sole authority to appropriate
12funding for legislatively created state boards; and
13 WHEREAS, the assistance of counsel in a person's defense and the appointment of
14counsel if indigent is guaranteed by the Sixth Amendment to the Constitution of the United
15States and by Article I, Sec. 13 of the Louisiana Constitution; and
16 WHEREAS, the federal and state constitutions require indigent defendants to be
17provided with the assistance of counsel at taxpayer's expense at a level which comports with
18but does not exceed the standards required by the Constitutions; and
19 WHEREAS, on August 15, 2007, the Louisiana Legislature provided for statewide
20standards and guidelines for indigent defense through the Louisiana Public Defender Act of
212007; and
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HCR NO. 196
1 WHEREAS, the Louisiana Legislature appropriates approximately $33 million per
2year for the Louisiana Public Defender Board (LPDB) in excess of funds generated at the
3local level; and
4 WHEREAS, the LPDB spends approximately $11 million of state funding on capital
5cases which makes up less than one half of one percent of its total cases, and then routinely
6requests to stay capital and other proceedings because of a lack of funding; and
7 WHEREAS, the LPDB determines how attorneys are appointed to indigent
8defendants, regulates how attorneys are paid to represent indigents, and authorizes the
9manner in which attorney services are delivered in indigent cases including capital cases;
10and
11 WHEREAS, the LPDB has directed local public defenders in multiple districts to
12"enter a restriction of services" immediately and "[b]y the end of 2016, LPDB expects no
13less than 24 of the state's 42 districts will become insolvent and enter restriction of services";
14and
15 WHEREAS, local public defenders are authorized by R.S. 15:175 to collect a forty-
16dollar fee from applicants to support their local office, but are discouraged from doing so by
17policies of the LPDB and a corresponding reduction in distributions from state LPDB
18District Assistance Funds; and
19 WHEREAS, one of the primary goals of the Louisiana Public Defender Act of 2007
20was to ensure that adequate public funding of the right to counsel is provided and managed
21in a cost-effective and fiscally responsible manner; and
22 WHEREAS, additional input from other criminal justice stakeholders may facilitate
23a more fair, efficient, impartial, and constitutional operation of the public defender system.
24 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
25authorize and direct the creation of an Indigent Defense Review Committee, within the
26Louisiana Commission on Law Enforcement and Criminal Justice, to study, evaluate,
27analyze, and undertake a comprehensive review as follows:
28 (1) To study the standards adopted by the LPDB in relation to the constitutionally
29required standards of indigent criminal defense matters in light of the limited fiscal resources
30of the state of Louisiana.
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HCR NO. 196
1 (2) To study the fiscal priorities of the LPDB in relation to its mission considering
2the limited fiscal resources of the state of Louisiana.
3 (3) To study the composition of the LPDB in consideration of potential conflicts of
4interest and fiduciary responsibility to the state of Louisiana considering the limited fiscal
5resources of the state of Louisiana.
6 BE IT FURTHER RESOLVED that the Indigent Defense Review Committee is
7hereby created. The membership of the committee shall be as follows:
8 (1) Two retired district judges with experience in capital cases.
9 (2) A member of the LPDB or his designee.
10 (3) A former local public defender with experience in capital cases.
11 (4) A retired district attorney with experience in capital cases.
12 (5) A retired assistant district attorney with experience in capital cases.
13 (6) The legislative auditor or his designee.
14 BE IT FURTHER RESOLVED that all membership appointments and the chairman
15of the committee shall be designated by the chairman of the Louisiana Commission on Law
16Enforcement and Criminal Justice.
17 BE IT FURTHER RESOLVED that the committee is directed to hold its first
18meeting no later than July 15, 2015, and shall meet no less than five times, at the call of the
19chairman of the Louisiana Commission on Law Enforcement and Criminal Justice.
20 BE IT FURTHER RESOLVED that the committee shall prepare and submit a final
21 written report that contains a detailed statement of the findings and recommendations to the
22Legislature and the Louisiana Supreme Court no later than thirty days prior to the convening
23of the 2016 Regular Legislative Session.
24 BE IT FURTHER RESOLVED that the LPDB provide any and all assistance and
25information requested by the committee.
26 BE IT FURTHER RESOLVED that a suitable copy of this Resolution shall be
27transmitted to all justices of the Louisiana Supreme Court and the governor, and that the
28committee be abolished upon submission of its written report.
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HCR NO. 196
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HCR 196 Original 2015 Regular Session Seabaugh
Directs the creation of an Indigent Defense Review Committee, within the La. Commission
on Law Enforcement and Criminal Justice, to study, considering the limited fiscal resources
of the state, the constitutionally required standards of indigent criminal defense, the fiscal
priorities of the La. Public Defender Board in relation to its mission, and the composition
of the La. Public Defender Board in consideration of potential conflicts of interest and
fiduciary responsibility to the state.
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