Legislation
2005:
The 2005 Legislative Session ended with an increase in the state appropriation for public defense and a bill to collect data from local indigent defender boards. This data collection will lay the groundwork of specific policies proposed by advocates to remedy the public defense crisis in Louisiana.
HB 1/Act 16 (Rep. Alario): The state budget was approved with nearly $10 million dollars dedicated to indigent defense, almost $2 million more than was appropriated in 2004.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=320251
SB 323/Act 343 (Sen. Jackson): This bill was the product of work undertaken by the Task Force on Indigent Defense Services. It reformed the composition of the Louisiana Indigent Defense Assistance Board to reflect increased independence from the executive branch and balanced representation from all three branches of government and across a range of expertise areas. This bill includes mandates that local indigent defender boards uniformly report specific information on caseloads and financial information to the state. This information will be critical to advancing to future stages of the reform movement. It further requires that this information be presented to the Legislature’s joint committee on the budget, for the first time giving the Legislature a logical method of determining what resources the state must provide for public defense.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=316875
SCR 23 (Sen. Jackson): This resolution, filed with the Secretary of State, provides for and continues the Louisiana Task Force on Indigent Defense Services.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=317229
2006:
The 2006 Legislative Session ended with two significant reforms for the public defense movement. HB 1, the state budget, was approved with $20 million dedicated to public defense services, a $10 million increase over last year’s appropriation. This increase in the state’s appropriation for public defense did not alleviate the system’s primary reliance on locally generated court funds, but it does reflect a new State commitment to absorbing the cost of providing lawyers to those who cannot afford them. Other legislation more aggressively pursues data collection from local boards in order to advance the reform movement.
HB 1/Act 17 (Rep. Alario): Provides for the ordinary operating expenses of state government. This bill appropriates $20 million to the Louisiana Indigent Defense Assistance Board, which is a $10 million increase over the 2005 appropriation.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=367264
HB 652/Act 271 (Rep. Winston): Provides relative to the welfare of children.
This bill addresses the unique needs of children and families in child-need-of care cases and provides changes to present laws relating to waiver of counsel and indigent defense. Significantly, this legislation prohibits the child, or anyone on the child’s behalf, from waiving the right to counsel.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=380097
SB 422/Act 597 (Sen. Jackson): Requires the establishment of a uniform system for reporting sources of revenue and expenditures, relative to judicial district indigent defender boards. This bill requires all 41 indigent defender boards to submit uniform financial information to the state auditor, who is in turn required to make a report of these financial reports to the Legislature. The bill also provides penalties for failure to submit this information.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=374950
2007:
The 2007 Legislative Session ended with a milestone accomplishment: passage of the Louisiana Public Defender Reform Act. There was also an additional increase of nearly $10 million over the previous year’s appropriation, bringing appropriation for fiscal year 2008 to 400% of the appropriation in fiscal year 2004.
HB 1/Act 18 (Rep. Alario): HB 1 provides for the general operating expenses of state government. HB 1/Act 18 provides $28.5 million for public defense in fiscal year 2008.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=450256
HB 393/Act 95 (Rep. Winston): Louisiana law requires that both the child and the parents are required to be represented in child protection cases. If the child and/or parents are indigent, this burden falls to the public defender office. Act 95 provides resources and an implementation program to enable public defender offices to provide this representation while avoiding conflict of interest.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=445216
HB 436/Act 307 (Rep. Martiny): This legislation creates the Louisiana Public Defender Board (LAPDB) and provides for the delivery of public defense services in the state of Louisiana. This substantial bill was co-authored by 92 legislators, reflecting both broad recognition of the crisis and commitment to the reform. This bill further provides for the qualification, hiring and training of appropriate state executive staff; the adoption of mandatory guidelines and standards of practice in the delivery of public defense services; provides penalties and disciplinary action for non-compliance; and creates the possibility of regionalization for districts failing to maintain acceptable standards of service.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=449902
HB 765/Act 203 (Rep. Alario): Provides supplemental funds in the amount of $1 million to the Louisiana Indigent Defender Assistance Board/Louisiana Public Defender Board for information technology.
Direct link: http://www.legis.state.la.us/billdata/streamdocument.asp?did=448862
2008:
The 2008 Regular Legislative Session will adjourn no later than 6:00 PM on June 23rd, 2008. A legislative update will be posted shortly.