HLS 15RS-3831 ENGROSSED
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, on August 15, 2007, the Legislature of Louisiana provided for statewide
17standards and guidelines for indigent defense through the Louisiana Public Defender Act of
182007; and
19 WHEREAS, the Legislature of Louisiana appropriates approximately $33 million per
20year for the Louisiana Public Defender Board (LPDB) in addition to funds generated at the
21local level; and
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1 WHEREAS, the LPDB spends approximately $11 million of state funding on capital
2cases, which makes up less than one half of one percent of its total cases; and
3 WHEREAS, the LPDB and local public defenders determine how attorneys are
4appointed to indigent defendants, regulate how attorneys are paid to represent indigents, and
5authorize the manner in which attorney services are delivered in indigent cases; and
6 WHEREAS, the LPDB has adopted a regulatory scheme under which local public
7defenders in multiple districts may "enter a restriction of services" immediately and "[b]y
8the end of 2016, LPDB projects no less than 24 of the state's 42 districts will become
9insolvent and enter restriction of services"; and
10 WHEREAS, local public defenders are authorized by R.S. 15:175 to collect a forty-
11dollar fee from applicants to support their local office, but are doing so in a small fraction
12of cases; and
13 WHEREAS, one of the primary goals of the Louisiana Public Defender Act of 2007
14was to ensure that adequate public funding of the right to counsel is provided and managed
15in a cost-effective and fiscally responsible manner; and
16 WHEREAS, additional input from other criminal justice stakeholders may facilitate
17a more fair, efficient, impartial, and constitutional operation of the public defender system;
18and
19 WHEREAS, the state of Louisiana has limited fiscal resources.
20 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
21authorize and direct the creation of an Indigent Defense Review Committee, within the
22Louisiana Commission on Law Enforcement and Criminal Justice, to study, evaluate,
23analyze, and undertake a comprehensive review as follows:
24 (1) To study the caseload standards and guidelines adopted by the LPDB in relation
25to the constitutionally required standards of indigent criminal defense matters in light of the
26limited fiscal resources and the Louisiana Rules of Professional Conduct.
27 (2) To study the fiscal priorities of the LPDB.
28 (3) To study the composition and structure of the LPDB.
29 BE IT FURTHER RESOLVED that the Indigent Defense Review Committee is
30hereby created. The membership of the committee shall be as follows:
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1 (1) Two retired district judges with experience in capital cases.
2 (2) A member of the LPDB or his designee.
3 (3) A former local public defender with experience in capital cases.
4 (4) A retired district attorney with experience in capital cases.
5 (5) A retired assistant district attorney with experience in capital cases.
6 (6) The legislative auditor or his designee.
7 BE IT FURTHER RESOLVED that all membership appointments and the chairman
8of the committee shall be designated by the chairman of the Louisiana Commission on Law
9Enforcement and Criminal Justice from a list of candidates mutually agreed upon and
10submitted by the chief public defender and the president of the Louisiana District Attorney's
11Association.
12 BE IT FURTHER RESOLVED that the committee is directed to hold its first
13meeting no later than July 15, 2015, and shall meet no less than five times, at the call of the
14chairman of the Louisiana Commission on Law Enforcement and Criminal Justice.
15 BE IT FURTHER RESOLVED that the committee shall prepare and submit a final
16 written report that contains a detailed statement of the findings and recommendations to the
17legislature and the Louisiana Supreme Court no later than thirty days prior to the convening
18of the 2016 Regular Session.
19 BE IT FURTHER RESOLVED that the LPDB provide any and all assistance and
20information requested by the committee within the law and the Louisiana Rules of
21Professional Conduct.
22 BE IT FURTHER RESOLVED that a suitable copy of this Resolution shall be
23transmitted to all justices of the Louisiana Supreme Court and the governor, and that the
24committee be abolished upon submission of its written report.
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 Engrossed 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 constitutionally required
standards of indigent criminal defense, the fiscal priorities of the La. Public Defender Board
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HCR NO. 196
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.
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on Judiciary to the original
bill:
1. Change the provision which states that the legislature appropriates funding for
the LPDB Board in excess of funds generated at the local level to funds
appropriated in addition to funds generated at the local level.
2. Make changes relative to the stated policies, duties, and responsibilities of the
LPDB.
3. Add a statement that the state of La. has limited fiscal resources.
4. Clarify the directive of the Indigent Defense Review Committee (committee) as
it relates to the caseload standards and guidelines of the LPDB and its
composition and structure in accordance with the La. Rules of Professional
Conduct.
5. Remove all references to the consideration by the committee of the limited fiscal
resources of the state when conducting its study.
6. Add a requirement that the membership appointments are made from a list of
candidates mutually agreed upon and submitted by the chief public defender and
the president of the La. District Attorney's Association.
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