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<b><small><small><small><small><a class="moz-txt-link-freetext" href="http://sfbayview.com/2016/04/no-lawyers-no-jail-judge-demands-constitution-be-respected-in-louisiana-public-defender-catastrophe/">http://sfbayview.com/2016/04/no-lawyers-no-jail-judge-demands-constitution-be-respected-in-louisiana-public-defender-catastrophe/</a></small></small></small></small></b><br>
<br>
<b><big><big>No lawyers? No jail. Judge demands Constitution be
respected in Louisiana public defender catastrophe</big></big></b><br>
<br>
by Bill Quigley - April 10, 2016<br>
<br>
New Orleans Criminal Court Judge Arthur Hunter, a former police
officer, ruled that seven people awaiting trial in jail without
adequate legal defense must be released. The law is clear. The U.S.
Supreme Court, in their 1963 case Gideon v Wainwright, ruled that
everyone who is accused of a crime has a Constitutional right to a
lawyer at the state’s expense if they cannot afford one.<br>
<br>
Jail cell unlockedHowever, Louisiana, in the middle of big budget
problems, has been disregarding the constitutional right of
thousands of people facing trial in its most recent statewide public
defender meltdown. Judge Hunter ruled that the Constitution makes it
clear: no lawyer, no jail.<br>
<br>
In an 11-page ruling, Judge Hunter explained that since Louisiana
has failed to adequately fund indigent defense it has violated the
Sixth Amendment right to effective assistance of counsel and the
14th Amendment right to due process of seven men. The men appearing
before Judge Hunter could not be represented by the public defender
because of budget cutbacks and private lawyers appointed by the
court, who were denied funds for investigation and preparation of
the cases, asked that the prosecutions be stopped and their clients
released. Hunter ordered the men released but stayed their release
until his order could be reviewed on appeal.<br>
<br>
The Louisiana public defender system appears to be in the worst
crisis of any state in the U.S. It is a “disaster” according to The
Economist, “broken” according to National Public Radio, in “free
fall” according to the New York Times, “dire” according to the Chief
Justice of the Louisiana Supreme Court, and facing further cutbacks
“on a scale unprecedented in the history of American public defense”
according to the American Bar Association.<br>
The law is clear. The U.S. Supreme Court, in their 1963 case Gideon
v Wainwright, ruled that everyone who is accused of a crime has a
Constitutional right to a lawyer at the state’s expense if they
cannot afford one.<br>
<br>
While Louisiana incarcerates more of its people than any of the
other 50 states, prosecutions across the state are starting to slow
down because of inadequate public defense.<br>
<br>
Thirty-three of Louisiana’s 42 local public defender offices have
started waiting lists for those accused of crimes due to office
cutbacks, according to the Louisiana Supreme Court. In some death
penalty cases, there are no lawyers to represent the accused, so the
cases are being stopped. Volunteer lawyers for those left in jail
without public defenders are asking their clients be released.<br>
<br>
The problem is that Louisiana refuses to adequately fund its public
defender system, resulting in layoffs of public defenders. The
remaining public defenders who have excessive caseloads are
ethically required to stop accepting new cases, according to the
American Bar Association.<br>
<br>
For example, the New Orleans Public Defender Office had 78 lawyers
in its office in 2009 and has 36 fewer lawyers today. That office
has quit taking serious cases, resulting in over 100 people with
serious crimes having no lawyer, more than 60 sitting in jail. Four
years ago the Orleans Public Defender had a budget of $9.5 million;
today it is down to $6 million.<br>
Judge Hunter explained that since Louisiana has failed to adequately
fund indigent defense it has violated the Sixth Amendment right to
effective assistance of counsel and the 14th Amendment right to due
process of seven men.<br>
<br>
The problem is statewide. Another example is the Lafayette Louisiana
Public Defender, which now has 11 fewer full-time attorneys, down to
15 from 26. Their office also cancelled contracts with 26 part-time
attorneys, laid off two social workers, and everyone who was left
was hit with a 20 percent pay cut. That eliminated 37 of their 52
lawyers. Vermillion Parish, which employed 10 public defenders, now
is down to one.<br>
<br>
Although some suggest private lawyers should volunteer or be
appointed to take on these cases, the Louisiana State Bar
Association passed a resolution objecting. They outlined ethical
problems to courts appointing lawyers without criminal experience to
represent indigent defendants and further challenged the
constitutionality of courts forcing private attorneys to provide
uncompensated services for those whom the state should be providing
representation.<br>
<br>
Volunteer lawyers are also hard to find because those who take up
the work of public defenders are not provided malpractice coverage,
will likely never be paid, are responsible for their client’s files
for 10 years, and are held to high standards in representation.<br>
Judge Hunter ruled that the Constitution makes it clear: no lawyer,
no jail.<br>
<br>
In Judge Hunter’s case, one New Orleans prosecutor accused private
lawyers of being anarchists because they asked for release of people
facing trial until the lawyers can get reimbursed for their costs
and overhead, as the Louisiana Supreme Court has demanded since
1993. In reaction to Judge Hunter’s ruling, the prosecutor’s office
did not discuss the constitutional issues but said they disagree and
plan to appeal to the Louisiana Supreme Court.<br>
<br>
Other prosecutors are quite unhappy as well. A Baton Rouge
prosecutor accused the public defender of manipulating this crisis
to “get rid of the death penalty.”<br>
<br>
Judge Hunter concluded his ruling with these words. “The defendants’
constitutional rights are not contingent upon budget demands,
waiting lists and the failure of the legislature to adequately fund
indigent defense … We are faced with a fundamental question, not
only in New Orleans, but across Louisiana: What kind of criminal
justice system do we want – one based on fairness or injustice,
equality or prejudice, efficiency or chaos, right or wrong?”<br>
<br>
Realistically, the problem is getting worse soon because the
Louisiana Public Defender, which last year handled more than 241,000
cases, is facing a 66 percent reduction in funding beginning in
several months, a drop from $33 million to $12 million.<br>
<br>
It seems the only way Louisiana will respect the Constitution is to
follow Judge Hunter’s ultimatum. No lawyers? No jail.<br>
<br>
Bill Quigley is a law professor at Loyola University New Orleans and
associate legal director for the Center for Constitutional Rights.
Email him at <a class="moz-txt-link-abbreviated" href="mailto:Quigley@loyno.edu">Quigley@loyno.edu</a>.<br>
<br>
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