Black Agenda Report
Black Agenda Report
News, commentary and analysis from the black left.

  • Home
  • Africa
  • African America
  • Education
  • Environment
  • International
  • Media and Culture
  • Political Economy
  • Radio
  • US Politics
  • War and Empire

Public Defender Meltdown in Louisiana
Bill Quigley
02 Mar 2016
🖨️ Print Article

by Bill Quigley 

Equal justice under the law is a mere abstraction, or a cruel joke, if you’re a captive of the State and don’t have a lawyer. Louisiana’s public defender offices are broke, unable to provide the most elementary protections of defendants’ rights. “The constitutional guarantee of speedy trial is gone and death penalty cases are grinding to a halt.”

Public Defender Meltdown in Louisiana

by Bill Quigley 

“Public defenders in 13 of Louisiana’s 42 judicial districts are already restricting services.”

Louisiana, which has the highest incarceration rate in the country, no longer provides public defenders to all its people accused of crimes; within months over half its public defender offices are expected to become insolvent.

“It’s a nightmare,” according to James Dixon, the chief Louisiana Public Defender. “You have people in jail that don’t have lawyers. It’s that basic.”  In Louisiana, public defenders are appointed to represent nearly 250,000 people each year.  Dixon has been warning of a constitutional crisis for years due to inadequate funding.  His office has recently been sued in a federal class action by the ACLU.

The state public defender indicated that 24 of the 42 local public defender offices will become insolvent and restrict services in the next few months.  Many already have broken down.  Public defenders in 13 of Louisiana’s 42 judicial districts are already restricting services.

For example, the Lafayette Parish public defender has laid off 35 of its 52 attorneys, and imposed salary cuts of 20 percent on those who remain.  The constitutional guarantee of speedy trial is gone and death penalty cases are grinding to a halt.  The remaining public defenders face caseloads of 1000 felonies a year,  a rate more than five times as high as recent Texas legislature mandated caseload study which concluded that public defenders should represent no more than 175 felonies a year.

New Orleans public defenders have been refusing to represent the most serious cases since January.   The highly respected Marshall Project reports their budget has been cut from $9.5 million to $6 million in the past four years.  That office, which represents 85 percent of those charged in criminal court, has already laid off lawyers, and cannot replaced the many lawyers who have resigned because of a hiring freeze.  The office handles 10,000 misdemeanors and 8,000 felonies a year.  One public defender wrote in the Washington Post that brand new lawyers have to handle cases with life sentences, carry double the number of cases that the American Bar Association recommends, do not have the time to even see their clients and are forced to plead people out to felony convictions on the day they meet them.

“To call this a 'justice system' is really a misnomer.”

In an oped in the New York Times, the head of the Orleans Public Defender explained that Louisiana funds two-thirds of its public defender system with fines and fees from people convicted of traffic offenses and crimes. 

Budgets for public defenders were small to begin with.  In New Orleans, the budget of the public defender is less than half that of the prosecutor.  The state spends somewhere around $3.5 billion on police, prosecutors, courts and jails, versus less than 2 percent of that on public defenders.

Cardozo Law Professor Ellen Yaroshefsky told a New Orleans court that the New Orleans public defender’s office was being run in an unethical manner. "I'm very troubled by the situation this public defender’s office is in," Yaroshefsky testified. "To call this a 'justice system' is really a misnomer. ... I believe this entire office is operating as a conflict of interest. The lawyers here are compromising some clients in other to represent others. They make a decision to triage, and triage is a conflict of interest. This is a problem now that is a judicial problem, and I believe needs to be dealt with on that level."

Meanwhile, Louisiana is facing a huge overall budget deficit of nearly a billion this year and double that next year due to fiscal problems left by departing Governor Bobby Jindal.   

The meltdown of the Louisiana public defender system makes it criminal to call it a justice system. 

Bill Quigley is a law professor at Loyola University New Orleans and is one of the legal team in the ACLU constitutional challenge to inadequate public defenders. Quigley77@gmail.com.

Do you need and appreciate Black Agenda Report articles? Please click on the DONATE icon, and help us out, if you can.


More Stories


  • Let a Hundred Socialist Flowers Bloom: A Conversation with Issa Shivji
    Issa Shivji
    Let a Hundred Socialist Flowers Bloom: A Conversation with Issa Shivji
    17 Nov 2021
    In this extensive interview, socialist activist and writer Issa Shivji discusses the peasantry, capitalist development and socialism.
  • Photo Credit: Chip Somodevilla, Getty Images
    Basav Sen
    We’re About to Pass Up a Generational Opportunity to Stem the Climate Crisis
    17 Nov 2021
    The Build Back Better program isn't just just inadequate on climate. It will have disastrous consequences if there is no active mass movement to counter its provisions.
  • U.S. Threatens Regime Change in Nicaragua
    Margaret Kimberley, BAR Executive Editor and Senior Columnist
    U.S. Threatens Regime Change in Nicaragua
    10 Nov 2021
    Nicaragua has been a target of U.S. aggressions since the 1850s. The Biden administration’s attack on the newly elected government is the latest chapter in a long and sordid history. Eyewitness…
  • ​​​​​​​ Ajamu Baraka, BAR editor and columnist
    Class Warfare and Socialist Resistance: Nicaragua, Cuba, Venezuela as Existential Threats to the US
    10 Nov 2021
  • Editors, The Black Agenda Review
    EDITORIAL: Abyssinia’s War and What Comes Next. Marcus Garvey, January, 1937
    10 Nov 2021
    When Italy invaded Ethiopia in 1935, the Black World rallied in support and solidarity.
  • Load More
Subscribe
connect with us
about us
contact us