Louisiana Revised Statutes 15:161 – District public defender; powers; duties; accounting; audit reporting; existing chief indigent defenders continued; establishment of district office
Terms Used In Louisiana Revised Statutes 15:161
- chief indigent defender: means an attorney employed by or under contract with the office to supervise service providers and enforce standards and guidelines within a judicial district or multiple judicial districts. See Louisiana Revised Statutes 15:143
- Contract: A legal written agreement that becomes binding when signed.
- Defense attorney: Represent defendants in criminal matters.
- District office: means the office of a district public defender as provided for in Louisiana Revised Statutes 15:143
- indigent defender: means an attorney employed by or under contract with the board, the office, or a district public defender to provide legal counsel to an indigent person in a criminal proceeding. See Louisiana Revised Statutes 15:143
- Office: means the office of the state public defender authorized to:
(a) Regulate and fund public defender services and provide financial support to other service programs that provide services to persons adjudicated in the criminal justice system. See Louisiana Revised Statutes 15:143
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- self-generated revenue: means all revenue received by a judicial district including revenue received as a result of grants or donations or other forms of assistance. See Louisiana Revised Statutes 15:143
- State public defender: means the person appointed by the governor, subject to approval of a majority of the board and Senate confirmation, to administer the statewide public defender system for the delivery of public defender services. See Louisiana Revised Statutes 15:143
- Statute: A law passed by a legislature.
A. Except as otherwise provided for in this Section, the office shall employ or contract, for a period of up to five years, with a district public defender to provide for the delivery and management of public defender services in each judicial district.
B. Each district public defender shall meet the following qualifications:
(1) Meet the qualifications provided for in La. Rev. Stat. 15:150(B).
(2) Be an attorney licensed to practice law in Louisiana with at least five years of experience as a criminal defense attorney.
(3) Following his employment, be a domiciliary of the judicial district or a contiguous judicial district who is registered to vote in that judicial district or contiguous district.
C. A district office, or appropriate office space, shall be maintained in each judicial district for meeting with clients and rendering public defender services.
D. Vacancies for the office of district public defender shall be filled as provided for in La. Rev. Stat. 15:162.
E. Each district public defender shall:
(1) Manage and supervise public defender services provided within his judicial district.
(2) Prepare an operating budget for the district and submit it to the budget officer annually.
(3) Work in conjunction with the budget officer in developing a uniform method of accounting for all expenditures of the district, including but not limited to the salaries, contracts, acquisition of equipment, and supplies.
(4) Submit to the budget officer a monthly report of all revenues received and expenditures, including but not limited to salaries, contracts, acquisition of equipment, and supplies for the district.
(5) Work in conjunction with the compliance officers to ensure that public defender assignments within the judicial district comply with the standards and guidelines adopted pursuant to rule by the office and the Rules of Professional Conduct.
(6) Supervise the work of the district personnel.
(7) Employ district personnel, subject to review by the state public defender for compliance with qualifications and standards and guidelines established by statute and by rules adopted by the board.
(8) Contract for services in accordance with the standards and guidelines adopted by rule by the board.
(9) Keep a record of all public defender services and expenses in the district and submit the records to the state public defender as requested.
(10) Implement the standards and guidelines and procedures established by the board and state public defender for the district.
(11) Maintain a client workload for the district office as determined by the state public defender.
(12) Make recommendations regarding the method of delivery of public defender services for the district for submission to the board for board approval. The board shall consider any delivery model in existence prior to August 15, 2007, as acceptable until that delivery model is proven to not meet the uniform standards and guidelines for the delivery of public defender services in accordance with applicable rules adopted by the board and as required by statute.
(13) Employ or terminate district personnel, manage and supervise all district level work, including establishment of district personnel salaries, subject to review by the office for compliance with salary guidelines established by the office through the adoption of rules.
(14) Perform all other duties assigned by the state public defender.
F. Each district public defender may make recommendations to the state public defender and the board on any matter regarding his judicial district.
G. Each district public defender shall work in conjunction with the legislative auditor in developing uniform audit reports as required by La. Rev. Stat. 24:515.1 which shall require the following to be included in that report:
(1) The amount of all state revenue provided by the legislature from general or special appropriations, or revenue passed through by state agencies.
(2) The amount of all revenue provided by local government from general or special appropriations, appropriations required by law, and revenue from the criminal court fund.
(3) The amount of grant funding from federal pass-through or categorical grants, grants from nonprofit organizations, and private and corporate foundations.
(4) The amount of funding received from any self-generated revenue.
H.(1) In an effort to maintain continuity of indigent defender services in each judicial district, any person employed as the chief indigent defender of a judicial district shall continue to be employed by, or enter into a contract with, the office and serve as the district public defender of that district.
(2) The office shall set the compensation for each district public defender according to a compensation plan established by the board; however, the salaries and benefits in place on January 1, 2007, for each chief indigent defender shall continue as the beginning salary for each district public defender and shall not be decreased.
I. Notwithstanding any other provision of law to the contrary, any attorney employed by or under contract with the office, the district public defender, or nonprofit organization contracting with the office, district public defender, or the office to provide legal counsel to an indigent person in a criminal proceeding shall be licensed to practice law in the state of Louisiana. The provisions of this Subsection shall not be construed to prohibit the use of an attorney licensed to practice law in another state to provide legal counsel to an indigent person in a criminal proceeding on a pro bono basis or who is receiving compensation from a grant administered by the office or from a grant administered by any nonprofit organization contracting with the office, provided that the out-of-state attorney is authorized to perform those services by the Louisiana Supreme Court. The legislature hereby specifically states that the provisions of this Subsection are in no way intended to, nor shall they be, construed in any manner which will impair any contractual obligations heretofore existing on June 1, 2007, of any out-of-state attorney authorized by the Louisiana Supreme Court to practice law in this state to provide legal counsel to an indigent person in a criminal proceeding.
J. Repealed by Acts 2024, 2nd Ex. Sess., No. 22, §3, eff. March 20, 2024.
Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2024, 2nd Ex. Sess., No. 22, §§1, 3, eff. March 20, 2024.