ENROLLED
2015 Regular Session
HOUSE CONCURRENT RESOL UTION NO. 196
BY REPRESENTATIVE SEABAUGH
A CONCURRENT RESOL UTION
To authorize and direct the creation of an Indigent Defense Review Committee, within the
Louisiana Commission on Law Enforcement and Criminal Justice, to study the
caseload standards and guidelines adopted by the Louisiana Public Defender Board
in relation to the constitutionally required standards of indigent criminal defense
matters in light of the limited fiscal resources and Louisiana Rules of Professional
Conduct, the fiscal priorities and the composition and structure of the Louisiana
Public Defender Board.
WHEREAS, the Louisiana Supreme Court has the sole authority to regulate the
practice of law in the state of Louisiana; and
WHEREAS, the Legislature of Louisiana has the sole authority to appropriate
funding for legislatively created state boards; and
WHEREAS, the assistance of counsel in a person's defense and the appointment of
counsel if indigent is guaranteed by the Sixth Amendment to the Constitution of the United
States and by Article I, Sec. 13 of the Louisiana Constitution; and
WHEREAS, on August 15, 2007, the Legislature of Louisiana provided for statewide
standards and guidelines for indigent defense through the Louisiana Public Defender Act of
2007; and
WHEREAS, the Legislature of Louisiana appropriates approximately $33 million per
year for the Louisiana Public Defender Board (LPDB) in addition to funds generated at the
local level; and
WHEREAS, the LPDB spends approximately $11 million of state funding on capital
cases, which makes up less than one half of one percent of its total cases; and
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WHEREAS, the LPDB and local public defenders determine how attorneys are
appointed to indigent defendants, regulate how attorneys are paid to represent indigents, and
authorize the manner in which attorney services are delivered in indigent cases; and
WHEREAS, the LPDB has adopted a regulatory scheme under which local public
defenders in multiple districts may "enter a restriction of services" and LPDB projects that
no less than 24 of the state's 42 districts will become insolvent and enter restriction of
services by the end of 2016; and
WHEREAS, local public defenders are authorized by R.S. 15:175 to collect a forty-
dollar fee from applicants to support their local office, but are doing so in a small fraction
of cases; and
WHEREAS, one of the primary goals of the Louisiana Public Defender Act of 2007
was to ensure that adequate public funding of the right to counsel is provided and managed
in a cost-effective and fiscally responsible manner; and
WHEREAS, additional input from other criminal justice stakeholders may facilitate
a more fair, efficient, impartial, and constitutional operation of the public defender system;
and
WHEREAS, the state of Louisiana has limited fiscal resources.
THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby
authorize and direct the creation of an Indigent Defense Review Committee, within the
Louisiana Commission on Law Enforcement and Criminal Justice, to study, evaluate,
analyze, and undertake a comprehensive review as follows:
(1) To study the caseload standards and guidelines adopted by the LPDB in relation
to the constitutionally required standards of indigent criminal defense matters in light of the
limited fiscal resources and the Louisiana Rules of Professional Conduct.
(2) To study the fiscal priorities of the LPDB.
(3) To study the composition and structure of the LPDB.
BE IT FURTHER RESOLVED that the Indigent Defense Review Committee is
hereby created. The membership of the committee shall be as follows:
(1) Two retired district judges with experience in capital cases.
(2) A member of the LPDB or his designee.
(3) A former local public defender with experience in capital cases.
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(4) A retired district attorney with experience in capital cases.
(5) A retired assistant district attorney with experience in capital cases.
(6) The legislative auditor or his designee.
(7) The secretary of the Department of Children and Family Services or his
designee.
BE IT FURTHER RESOLVED that all membership appointments and the chairman
of the committee shall be designated by the chairman of the Louisiana Commission on Law
Enforcement and Criminal Justice from a list of candidates mutually agreed upon and
submitted by the state public defender of the Louisiana Public Defender Board and the
president of the Louisiana District Attorney's Association.
BE IT FURTHER RESOLVED that the committee is directed to hold its first
meeting no later than July 15, 2015, and shall meet no less than five times, at the call of the
chairman of the Louisiana Commission on Law Enforcement and Criminal Justice.
BE IT FURTHER RESOLVED that the committee shall prepare and submit a final
written report that contains a detailed statement of the findings and recommendations to the
legislature and the Louisiana Supreme Court no later than thirty days prior to the convening
of the 2016 Regular Session.
BE IT FURTHER RESOLVED that the LPDB provide any and all assistance and
information requested by the committee within the law and the Louisiana Rules of
Professional Conduct.
BE IT FURTHER RESOLVED that a suitable copy of this Resolution shall be
transmitted to all justices of the Louisiana Supreme Court and the governor, and that the
committee be abolished upon submission of its written report.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
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