The beginning of this reform as back in the 1980s when Julian Murray and some other lawyers,  Jim Boren,  John DiGuilio and others,  got together and started the Louisiana Association of Criminal Defense Lawyers.   We should also note Senator John Hainkel's efforts in the early 1990s, which lead the public defenders to create The Louisiana Public Defenders Association.  Public Defenders had been meeting for CLE by then for about 6 or 7 years. Wilson Rambo, now a brilliant Monroe District Judge, was one of the early LaPDA Presidents.

 

Then circa. 1994, Chief Justice Calogero and the Louisiana Supreme Court created the first State Public Defender Board by Court Order, which was later Legislatively created and moved to the Executive Branch.  That was followed by litigation attacking the shortfalls in funding and systems spearheaded by the National Association of Criminal Defense Lawyers and many local and national law firms.   State vs Citizen was one result,  in which the Supreme Court again strongly urged that changes were essential, noting that criminal prosecutions could be halted. 

Henry Walker got into litigation in Caddo Parish over judicial interference: there were actually two Public Defender Boards there for a while!   In 2004 the Legislature adopted Legislation proposed by LaPDA noting the appointing power of Judges did not authorize them to manage the PD offices: that part of Title 15 came into play in 2007 when the Orleans Public Defender Board had problems with its local judges.  The Louisiana District Judges Association supported the bill, and has been supportive of reform through the 2007 session.

 

At the urging of a number of  Public Defenders, including  Ken Rodenbeck of Alexandria,  Tony Champagne of Houma,  Peggy Sullivan of  Monroe and others,  LaPDA decided it should be an advocate for change instead of a mere opponent of  ineffective change.  The Public Defenders suggested some modeling on elements of the Georgia reform of 2003, and in 2004 began to urge the Georgia Trial Performance Standards.  Bob Noel of Monroe worked on concepts for Regions, and the Public Defenders met for months discussing the different systemic issues.  The Performance Standards were adopted by LIDAB,  and endorsed by LaCDL. 

The National Legal Aid and Defenders Association brought the American Council of Chief Defenders to New Orleans in 2004, and Public Defenders began to understand change as inclusive, and worthy of their investment of time and effort.  LaPDA joined with LaCDL and others in the "Louisiana Justice Coalition" to educate and promote regarding the Right to Counsel.  Alan Golden of Shreveport is a member of the LJC Board of Directors. 

 

In 2006 some interim steps were taken, including standard Court Costs at $35 per case in SB 326,  guided by Senator Jackson, whose efforts continued through this past session.  Vic Bradley of St. Charles Parish was a major help during that session along with Public Defenders from across the State.  Provisions were included to insure the Sate Public Defender Board would not be under the domination of any particular group or club.

 

Certainly one of the biggest influences for change was Katrina, which made us all realize how critical cooperation is: disaster will do that, and in our case we started to see that some of the bickering of the past could no longer be afforded.  We all felt very insignificant in the wake of that disaster, and recognized we could be more together than we could apart. Jim Looney began to work with eight Public Defender Districts to perfect an internet data base, and we quickly had some amazing numbers on caseloads in the State that would help us explain our needs.

Then Danny Martiny of Jefferson Parish stepped up,  and from one of the most conservative districts in the State, was determined to complete the work that had started long ago, and with great effort by Greg Riley and most of the folks on this list,  we got some excellent legislation.  Richard Stricks of St. John Parish noted during the drafting that the bill did not make clear what the District would look like, and along with others including Michael Corteau,  worked on provisions to establish a clear and strong structure for direct client services.  Something like 17 drafts of the legislation were distributed across the State,  and many operational and management issues were found by the Public Defenders and addressed in the Legislation.  The District Attorneys chipped in with their concerns, including a lot of input from Charley Riddle of Marksville and of course Pete Adams for LDAA.  Martiny heard all concerns and the bill evolved into a consensus that had no major trouble in the 2007 session.

 

In terms of history,  I want to credit to Sam Dalton, also of Jefferson Parish.  When I took office as Chief Defender in Lafayette in 1984,  my search for help about how this was to be done led me to Sam, and he was a speaker at the first Public Defender Seminar in 1989.  Sam Dalton recognized early on that this "public defender" thing was a Profession, and he was always willing to help us think through problems and issues.  The first time I went to the Legislature for "Indigent Defense" it was with Sam Dalton.  I hope Sam is there when the Public Defender Act of 2007 is signed, along with a lot of other Public Defenders who worked under extreme conditions for a long, long time, and now see the first chance at major change and improvement in 33 years. The inclusion of the people who have done the work is the best chance for successful change in Louisiana.

HAPPY FOURTH OF JULY TO YOU PUBLIC DEFENDERS!  THANKS TO THE GROUP IN THE "COMPROMISE TO CONSENSUS", AND HERE'S HOPING WE CAN WORK TOGETHER FOR THE NEXT INTERIM BEFORE CHANGE!

 

g paul marx / trial lawyer/ executive counsel, LaPDA/ Lafayette, La.

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