Louisiana Revised Statutes 15:163 – Regionalization of district public defender services by office
Terms Used In Louisiana Revised Statutes 15:163
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- 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
- indigent defender services: means the providing of legal services to indigent persons in criminal proceedings in which the right to counsel attaches under the United States and Louisiana constitutions. 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
- program: means the activities directed toward the accomplishment of providing indigent defender services under the Louisiana Public Defender Act. See Louisiana Revised Statutes 15:143
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
A. In certain cases the office may regionalize and operate the public defender services of a district as a subdivision of the office through a regional office. When the public defender services of a district are taken over by the office in this manner, the district public defender shall be an employee of the region, and the regional director shall be the manager and supervisor of the district public defender office. A regionalization of the operation of a district public defender program shall occur upon a finding by the office that one of the following conditions have occurred:
(1) The district, through its district public defender, petitions the office for the office to regionalize the delivery of indigent defender services in the district.
(2) The office upon its own motion finds that the district public defender office has failed after reasonable assistance, resourcing, and consultation with the office to reasonably meet performance standards mandated by the office or to comply with data reporting or any other rule adopted by the office.
(3) Due to a natural disaster or catastrophic emergency, the district public defender cannot operate or function normally, provided that this shall apply for not longer than a period of six months, renewable by the office on an interim basis at six-month intervals.
B. In any district where the office takes over the operation of indigent defender services as provided by this Section, the district office shall be maintained for client services in the judicial district. The district public defender in a district regionalized pursuant to the provisions of this Section shall be a day-to-day manager and shall work out of the district office.
C. When the operation of a district office is regionalized pursuant to the provisions of this Section, the supervision of compliance with state standards and guidelines may be carried out by a staff member of the office.
D. Prior to regionalizing a district as provided for in this Section, the office shall send written notice of the public hearing as required in Subsection E of this Section to the chief judge and the district public defender of that judicial district of the office’s intention to regionalize the district.
E.(1) Prior to regionalizing a district as provided for in this Section, the office shall conduct a public hearing regarding regionalization of a district and provide the public an opportunity to offer comment on the regionalization.
(2) The public hearing provided for by this Subsection may be conducted at a regular meeting of the parish governing authority in the district, provided proper notice is provided to the public as required by this Subsection.
Acts 2007, No. 307, §1; Acts 2024, 2nd Ex. Sess., No. 22, §1, eff. March 20, 2024.