ABA backs call by Louisiana chief justice to provide necessary funds for public defenders
The American Bar Association is backing calls by Louisiana public defenders and the chief justice of the state’s supreme court to provide adequate funding for the representation of indigent defendants.
Faced with a possible cut of nearly 62 percent in a budget that is already stretched to the breaking point, the Louisiana Public Defender Board cannot constitutionally operate with less than its current funding, says ABA President Paulette Brown in a Wednesday letter (PDF) to Gov. John Bel Edwards that was also sent to the chief justice and top lawmakers.
“Louisiana’s $1.6 billion budget shortfall undoubtedly requires difficult decisions, including cuts to critical services,” Brown writes. “But public defense is one service that cannot be cut. Already, scores of Louisiana public defenders are saddled with workloads that are, by any measure, excessive. To avoid ethical, constitutional, and statutory violations, the Louisiana Public Defender Board recently announced implementation of statewide service restrictions pursuant to ABA guidelines and state protocol.
“Cutting nearly 62 percent of the public defense budget would exacerbate the current workload problem, threatening mass constitutional and ethical violations, as well as likely increasing wrongful conviction and mass incarceration,” the letter continues. “It also would require additional service restrictions on a scale unprecedented in the history of American public defense. Consequently, the ABA requests that you ensure that Louisiana public defense is sufficiently funded so that attorneys may meet their constitutional and ethical obligations.”
Edwards responded to the letter Thursday by pledging to work with the ABA to resolve the situation, the Advocate reports.
“I recognize the immense challenges that public defenders across Louisiana are facing at this time,” he said. “I have great respect for the men and women who provide legal representation for those who need it but can least afford it,” he said. “The work they do is important and necessary.”
Related coverage:
ABAJournal.com: “PD’s office says it will begin refusing serious felony cases”
ABAJournal.com: “ACLU lawsuit challenges waiting list for PD representation”
