Louisiana’s public defender system represents more than eight out of every 10 criminal defendants, yet many offices have restricted services and half could soon be insolvent, the state’s Supreme Court chief justice told state lawmakers today.
As The Associated Press reports, a failing indigent defense system could impose even more costs on the state, Chief Justice Bernette Johnson said.
“If we fail to provide adequate counsel at the outset, we will not be able to avoid those exorbitant costs associated with reversal and retrial of cases,” Johnson said.
Public defenders in 33 of the state’s 42 judicial districts have restricted services already, and half the offices are predicted to be insolvent within months, Johnson said in the annual update on the judiciary to the state House and Senate.
“We do have a particular concern with regard to indigent defense. Approximately 85% of all criminal defendants are represented by public defenders, and it is our constitutional obligation to provide adequate representation,” she said.
A mix of state financing, traffic tickets and court fees pays for Louisiana’s indigent defense system. Traffic ticket revenue is falling and the state budget for public defenders has been slashed amid continuing state financial problems, Johnson said.
The Louisiana Public Defender Board took cuts during the just-ended special session. Indigent defense faces the threat of further reductions, along with other state agencies, as lawmakers and Gov. John Bel Edwards grapple with an estimated $800 million shortfall in the fiscal year that begins July 1.
In January, the American Civil Liberties Union sued the New Orleans’ and state public defender offices after the city office began turning down cases, saying it didn’t have the resources to do its job. The ACLU slammed Louisiana’s system of allocating money for indigent defense, calling it “inherently unreliable and prone to crippling shortages.”
