Public Opinion Poll

Unequal Justice in Louisiana: Louisiana Voters Consider Their Public Defender System

Conducted by Belden, Russonello & Stewart for the Louisiana Justice Coalition (September 2006)

Louisiana voters believe competent legal representation is a fundamental right in the U.S. and is necessary to prevent innocent people from going to jail. Seven in ten (71%) voters strongly agree that “providing competent legal representation is one of our most fundamental rights in the U.S.” and another eight in ten (80%) feel strongly that competent legal representation is “necessary to prevent the innocent from going to jail.”

However, a large majority of Louisiana voters believes their state falls short of these ideals and suffers from an unequal justice system. To revamp the state's system of indigent defense, large majorities support a number of reforms from statewide standards on minimum levels of resources for public defenders, limits on the number of cases public defenders can undertake at one time, and a statewide oversight board.

The 2006 survey of Louisiana voters assesses voters' awareness of and opinions on the current state of indigent defense in Louisiana, as well as gauges reaction to proposed changes to the system. The Louisiana Justice Coalition asked Belden Russonello & Stewart to conduct the statewide survey of 609 registered voters. The survey was conducted by telephone from July 17 to July 28, 2006 and used a sample drawn from registered voter lists updated in May 2006. The margin of sampling error for the survey is plus or minus 4.0 percentage points.

The research reveals four main points on Louisiana voters' attitudes toward indigent defense:

1. Louisiana voters express a strong belief in the value of fairness and high levels of concern that disparities in the system may cause innocent individuals to be wrongfully imprisoned.
2. Current flaws in the system, especially not having the resources to meet the needs of the justice system and lack of restrictions on the number of cases that can lead to impossibly high case loads are of high concern and considered in need of immediate attention. After hearing about these flaws, voters are more inclined to increase spending to fix the system.
3. Voters favor a range of reforms to the current system in Louisiana to ensure individuals accused of a crime receive competent representation, especially statewide standards and oversight.
4. The public believes the state government needs to guarantee resources to low-income people accused of a crime so they can obtain DNA testing and other laboratory services and to hire investigators. Large majorities also believe it is important to ensure lawyers have reasonable case loads and individuals have their cases go to trial within weeks of being arrested.

Louisiana voters believe the state's justice system currently favors the rich over the poor, and a large majority is deeply troubled by the inadequacies of the current indigent defense system in providing legal representation. Seven in ten voters (69%) say a rich person gets treated better than a poor person in the Louisiana justice system, and when told of a man in Calcasieu Parish in prison for a year and a half before seeing a lawyer, eight in ten voters (82%) say this is a serious problem that needs to be addressed immediately.

The survey shows Louisiana voters hold high ideals for their justice system. Nine in ten (88%) “strongly agree” that “the quality of justice a person receives should not be determined by how much money a person has.” A system in line with these ideals would provide low-income individuals accused of a crime with the resources necessary to mount a defense, Louisiana voters believe. According to voters, defendants should have an attorney with adequate time to devote to their case, as well as resources, such as DNA testing and funding to hire investigators.

Large majorities support specific reforms to the system of indigent defense. Specifically, over eight in ten Louisiana voters support statewide standards on minimum levels of resources for public defenders (88%), a statewide oversight board (84%), and a limit on the number of cases a public defender can undertake at one time (82%). Voters also express strong support for using state funds for training of public defenders (63%) and establishing salary guidelines so public defenders and prosecutors receive about the same salaries (73%).

The most troubling aspects of the current system of public defense for Louisiana voters include the inability of the current system to meet the need. Eight in ten voters in the state (82%) believe this is a serious problem that needs to be addressed immediately. Another seven in ten (71%) say that the overloading of cases resulting in situations where lawyers meet their clients in the courtroom for only a few minutes before trial is a serious problem that needs addressing. These examples of how the system currently functions in Louisiana violate voters' belief in the need for fairness in the judicial system.

Voters need information about the current indigent defense system. Voters' opinions change over the course of the survey, as voters hear details on the current state of the system and when resources are tied to specific reform efforts. After hearing information about the current system, voters are much more likely to favor increasing state funding than cutting. While at the outset of the survey, 51% of Louisiana voters oppose using tax dollars to provide lawyers to low income people; by the end of the survey four in ten voters (41%) believe state funding for indigent defense should be increased and only one in ten (6%) supports cutting funding. Another four in ten (38%) want to keep spending at current levels.

Voters are also very likely to support specific examples of state spending on indigent defense. For example, six in ten (63%) favor using “state funds to provide formal training and professional development for public defenders.” Another six in ten (60%) believe “resources to obtain DNA testing and other laboratory services” should be “guaranteed”.

For the complete survey and findings, please contact Heather H. Hall at or 504-301-7920