§142. Legislative findings
A.Article I, Section 13 of the Constitution of Louisiana, in accordance with the
state's obligation under the Sixth and Fourteenth Amendments of the United States
Constitution, provides that at "each stage of the proceedings, every person is entitled to
assistance of counsel of his choice, or appointed by the court if he is indigent and charged
with an offense punishable by imprisonment". Section 13 further mandates that the
legislature shall provide for "a uniform system for securing and compensating qualified
counsel for indigents". Accordingly, it is the obligation of the legislature to provide for the
general framework and the resources necessary to provide for the delivery of public defender
services in this state.
B.In recognition of its mandates under bo
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§142. Legislative findings
A. Article I, Section 13 of the Constitution of Louisiana, in accordance with the
state's obligation under the Sixth and Fourteenth Amendments of the United States
Constitution, provides that at "each stage of the proceedings, every person is entitled to
assistance of counsel of his choice, or appointed by the court if he is indigent and charged
with an offense punishable by imprisonment". Section 13 further mandates that the
legislature shall provide for "a uniform system for securing and compensating qualified
counsel for indigents". Accordingly, it is the obligation of the legislature to provide for the
general framework and the resources necessary to provide for the delivery of public defender
services in this state.
B. In recognition of its mandates under both the United States and Louisiana
constitutions, the legislature enacts the Louisiana Public Defender Act of 2007 to provide for
all of the following:
(1) Ensuring that adequate public funding of the right to counsel is provided and
managed in a cost-effective and fiscally responsible manner.
(2) Ensuring that the public defender system is free from undue political and judicial
interference and free of conflicts of interests.
(3) Establishing a flexible delivery system that is responsive to and respectful of
jurisdictional variances and local community needs and interests.
(4) Providing that the right to counsel is delivered by qualified and competent
counsel in a manner that is fair and consistent throughout the state.
(5) Providing for statewide oversight with the objective that all indigent criminal
defendants who are eligible to have appointed counsel at public expense receive effective
assistance of counsel at each critical stage of the proceeding.
(6) Providing for the ability to collect and verify objective statistical data on public
defense workload and other critical data needed to assist state policymakers in making
informed decisions on the appropriate funding levels to ensure an adequate service delivery
system.
(7) Providing for the development of uniform binding standards and guidelines for
the delivery of public defender services and for an effective management system to monitor
and enforce compliance with such standards and guidelines.
C. The legislature recognizes that the uniform application of statewide standards and
guidelines to be established by the office of the state public defender is an important means
of achieving a more consistent delivery of quality representation throughout the state. To
that end, it is the express intention of the legislature that the Louisiana Public Defender Act
of 2007 is designed, to the extent practicable and feasible, to provide for the delivery of
public defender services which meet the requirements established by Strickland v.
Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984) and its progeny as
adopted by the Louisiana Supreme Court.
D. The legislature recognizes that the Louisiana Supreme Court in State v. Citizen ,
898 So. 2nd 325 (La. 2005) authorized trial judges to halt prosecutions in capital cases, upon
motion of defense counsel, until adequate funding is provided to ensure an adequate defense,
and it is the express intention of the legislature to ensure adequate resources, consistent with
the Citizen opinion, which allow prosecutions in such cases to continue to conclusion
resulting in verdicts that are fair, correct, swift, and final.
E. It is the express intention of the legislature that the Louisiana Public Defender Act
of 2007 is designed to provide effective legal representation to criminal defendants who are
unable to afford an attorney, consistent with the right to counsel in our criminal courts,
mindful of the need for law and order and an appreciation of victims' rights.
F. It is the express intention of the legislature that the office respect local differences
in practice and custom regarding the delivery of public defender services. The provisions
of this Part are to be construed to preserve the operation of district public defender programs
which provide effective assistance of counsel and meet performance standards in whatever
form of delivery that local district has adopted, provided that method of delivery is consistent
with standards and guidelines adopted by the office pursuant to rules and as required by
statute.