Louisiana Revised Statutes 15:162 – Vacancies in position of district public defender; formation of district public defender selection committee; powers and duties of committee; process for filling vacancy for district public defender; interim distri…
Terms Used In Louisiana Revised Statutes 15:162
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Contract: A legal written agreement that becomes binding when signed.
- 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
- Oversight: Committee review of the activities of a Federal agency or program.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- 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
A. Within twenty days of receiving notice of a vacancy which occurs for the position of district public defender by reason of demotion, termination, retirement, resignation, or death, the office shall form a district public defender selection committee as provided for in Subsection B of this Section.
B.(1) The selection committee shall consist of one attorney in good standing with the Louisiana State Bar Association, and two other registered voters, all of whom are domiciled in that judicial district.
(2) The members shall be selected as follows:
(a) One member, who shall serve as chairman of the committee, appointed by the state public defender.
(b) One member appointed by the chairman of the Louisiana Public Defender Oversight Board.
(c) One member appointed by the chief judge of the judicial district.
C.(1) The selection committee shall review eligible candidates for the position of district public defender, giving preference to those individuals who are domiciled in the district.
(2) Within sixty days of formation of the selection committee, the selection committee shall submit a list of at least three nominees for the position of district public defender to the state public defender.
D. Within thirty days of receiving the nominations for the position of district public defender from the selection committee, the office shall employ or contract with a district public defender from the list of nominees submitted to the board.
E. The office shall appoint an interim district public defender to fill the vacancy of the district public defender until the position is filled.
F. Whenever a vacancy occurs for the position of district public defender in any judicial district having a population of less than thirty thousand, or having less than four attorneys providing public defender services, the office shall evaluate the district and make a determination regarding the appropriateness of employing or contracting with a district public defender or authorizing a district public defender from a contiguous judicial district to manage and supervise public defender services in that judicial district. If a decision is made by the office to employ or contract with a district public defender, the office shall use the selection process provided for in this Section to fill that vacancy.
G. Office staff shall not require of the district public defenders or their staff any response with a due date less than six working days from the first full day since the request is received, other than during a natural emergency. The time period provided for in this Subsection shall not include responses requested by the governor, the House Committee on Administration of Criminal Justice, or the Senate Committee on Judiciary B.
Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2016, No. 571, §1; Acts 2024, 2nd Ex. Sess., No. 22, §1, eff. March 20, 2024.