 |
For immediate release May 19, 2005
Contact Heather H. Hall: 504-701-0155
NEW ORLEANS—The Louisiana Justice Coalition (LJC) applauds the Louisiana State Senate for passing Senate Bill 323 earlier today. SB 323 restructures the Louisiana Indigent Defense Assistance Board (LIDAB) and empowers it to collect information about workloads, resources and expenditures. The bill provides uniform definitions for ‘case’ and ‘indigency’ and will provide data to help policymakers implement the most accurate and effective reforms in 2006.
SB 323 was the result of a thorough, informed debate and overwhelming consensus of the Indigent Defense Task Force. This bill is a critical first step towards moving Louisiana towards reform. LJC Director Heather Hall said, “The LJC is pleased that the Senate has supported the recommendations of the Task Force. These reforms give us confidence that the Legislature is ready and willing to do the right thing for the people of Louisiana.”
In the face of national criticism of Louisiana’s indigent defense system, the Louisiana Supreme Court clearly articulated that the current indigent defense system violates both the state and federal constitution in its failure to provide equal access to justice. Chief Justice Pascal Calogero provided some direction and leadership from the state’s Supreme Court through written opinions as well as a recent impassioned appeal for legislative action in front of the joint legislature at the opening of the session.
In a speech directed to the Legislature last week, Chief Justice Calogero said, “Providing for a workable and adequately funded indigent defense system prevents another victim from having to endure the agony of an overturned conviction or repeat of gruesome testimony, and helps limit the possibility that an innocent person experiences the injustice of wrongful conviction and punishment.”
A strong public defense system gives credibility to the prosecution; its absence calls into question the credibility of Louisiana’s criminal justice system. Even more compelling is the fact that since 1985 seven innocent men have spent 75 combined years on Louisiana’s death row for crimes that they did not commit.
The entire country is watching Louisiana to see what we do about our state’s indigent defense crisis. We have the highest incarceration rate not only in America (double the national average), but on the entire planet. Nearly 9/10 criminal defendants statewide being represented though the indigent defense system. In one parish we even have an indigent defense board being run by a night club owner, a school vice-principal, and a part time embalmer. It’s difficult to avoid connecting these kinds of deep systemic problems with what is arguably the worst indigent defense system in the entire country.
In the past, policymakers have failed to demonstrate a commitment to the state of Louisiana. Juvenile Justice Project of Louisiana Executive Director David Utter said, “This is a great step, but a small step. Until Louisiana implements an indigent defense system that complies with national standards for juveniles, we will never have fairness for kids.”
For too long the Legislature has said it is the wrong time to do the right thing. SB 323 is an important first step towards improving accountability and proving equal access to all in the state of Louisiana. We fully expect that the house will also pass this bill without amendments which will reduce its effectiveness.
|
|