§ 15:147 — Powers; duties; responsibilities

Louisiana § 15:147

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

§147. Powers; duties; responsibilities
A. Except for the inherent regulatory authority of the Louisiana Supreme Court
provided for in Article V, Section 5 of the Constitution of Louisiana regarding the regulation
of the practice of law, the office shall have all regulatory authority, control, supervision, and
jurisdiction, including auditing and enforcement, and all power incidental or necessary to
such regulatory authority, control, supervision, and jurisdiction over all aspects of the
delivery of public defender services throughout the courts of the state of Louisiana.
B. In addition to the powers and duties provided for in Subsection A of this Section,
the office shall:
(1) Employ an executive staff as necessary to carry out the duties of the office and
regularly evaluate the performance of the executive staff.
(2) Adopt all rules necessary to implement the provisions of this Part as provided in
R.S. 15:148 and in accordance with the Administrative Procedure Act.
(3) Develop and implement the strategic plan and approve budget proposals
necessary for the implementation of this Part for coordinating and providing services. The
office shall review and approve budget proposals submitted by the district public defenders
on behalf of their districts, considering variations in public defense practices, past practices
and procedures, and conditions unique to each district in evaluating the strategic plan and
budget proposals on the district level.
(4) Make an annual report to the legislature regarding the state of the office's
operations and the status of public defender services it regulates. Such report shall include
at a minimum:
(a) Recommendations for all needed changes in the law regarding the office or any
regulated activity.
(b) A complete report on the receipt and expenditure of all funds received by the
office, including district level data.
(c) Comprehensive workload data.
(5)(a) Establish, and modify as necessary, a plan of organization to conduct the
business of regulating and controlling the delivery of public defender services under its
jurisdiction efficiently and thoroughly.
(b) The plan of organization shall provide for the capacity to:
(i) Administer the granting of contracts.
(ii) Analyze and review investigative and audit reports and findings.
(iii) Provide for enforcement of office rules as is necessary to the efficient and
thorough regulation and governance of public defender services under its jurisdiction.
(6) Incur such expenses and obligations, within the fiscal limits available to the
office, as are necessary to the efficient and thorough regulation and governance of the
delivery of public defender services under its jurisdiction and establish and maintain an
accounting system which complies with law.
(7) Approve, prior to its presentation to the legislature and again after appropriation
prior to allocation, the budget for the office.
(8) Issue a written response to any formal request from the governor and the
legislature or any committee thereof.
(9) Appear before any committee of the legislature upon request of the president of
the Senate, the speaker of the House, or the chairman of any legislative committee.
(10) Review any proposal to create permanent staff positions and approve if deemed
appropriate.
(11) Prepare and submit to the Joint Legislative Committee on the Budget on or
before March first of each year an annual financial report which outlines the expenditures of
local, state, and federal funds for the previous calendar year for review by the Joint
Legislative Committee on the Budget.
(12) Draft, administer, and furnish reporting forms to the district public defender,
which request detailed information of the district's workload, resources, employees, and
expenditures for the previous fiscal year based on the uniform definition of a "case" as
defined in R.S. 15:174(C).
(13) Collect, prepare, and submit an annual report to the legislative auditor.
(14) Administer the DNA Testing Post-Conviction Relief for Indigents Fund as
required under the provisions of Code of Criminal Procedure Article 926.1.
(15) Allocate funding to the public defenders, contract programs, and other entities
as necessary for the implementation of this Part.
(16) Adopt rules for the establishment of salary ranges for attorneys and support staff
delivering public defender services, taking into consideration variations in public defense
practices and procedures in rural, urban, and suburban districts as well as professional
experience.
(17) Supervise the activities of staff and apply reasonable controls for the supervision
of spending, accounting, and discretionary grants. The office shall seek the assistance of the
legislative auditor or an internal auditor to ensure that staff discretion is subject to
supervision consistent with the Louisiana Local Government Budget Act, R.S. 39:1301 et
seq. The office's supervision shall include reviewing details regarding expert witness funds
or other case-specific grants, including the confidential work product of attorneys in
litigation, compensation, and records supporting fees of experts and others, and analysis of
the efficiency and effectiveness of programs. The attorney-client privilege and
confidentiality that applies to counsel in cases shall apply to all staff for the review of case
details.
(18) Adopt reasonable procedures in compliance with the Louisiana Rules of
Professional Conduct for the review and preservation of confidentiality of privileged
materials during and after litigation, including impressions of counsel, strategy of litigation,
and results of expert work and opinion.
(19) Adopt procedures necessary to protect strategic choices and confidential work
product of the office when the office considers important matters of spending. However, the
amounts and general purposes shall remain public record of the office's decisionmaking
process.
(20) Enter into a contract or contracts with the University of Louisiana at Monroe
for the purpose of providing certain statewide training to attorneys, investigators, social
workers, and staff.
C. The office may:
(1) Enter into a contract or contracts, on such terms and conditions as it deems
advisable, with one or more attorneys licensed to practice law in this state, a consortia of
lawyers, or an independent public defender organization qualified with the United States
Internal Revenue Service for an exemption from federal income tax under Section 501(c) of
the Internal Revenue Code to provide counsel for indigent defendants. The provisions of this
Paragraph are subject to the intent of the Louisiana Public Defender Act that district public
defender programs shall continue operating within the method of delivery of services in
effect prior to April 30, 2007, and the office is prohibited from using its power to contract
to change the structure of a local program, delivery method, or to terminate personnel
without cause in violation of R.S. 15:165(C).
(2) Establish advisory councils from among Louisiana residents to provide
information and guidance regarding needs and concerns of particular localities. Such
councils may be established at such times, for such duration, and under such circumstances
as the office deems appropriate.
(3) Accept, receive, and use public or private grants, gifts, or donations, provided
that such gifts, grants, and donations are not otherwise prohibited by law or rule.
(4) Employ secretarial, clerical, and other such personnel as may be necessary in the
operation of the business of the office and fix their compensation.
(5) Enter into contracts in accordance with law for the purpose of maintaining and
operating an office, or offices, and performing the functions authorized by law. The
provisions of this Paragraph are subject to the intent of the Louisiana Public Defender Act
that district public defender programs shall continue operating within the method of delivery
of services in effect prior to April 30, 2007.
D.(1) Prior to entering into any contract as authorized by Subsection C of this
Section, the office shall provide public notice that a contract is under consideration by the
office and shall provide an opportunity for the public to offer comment regarding the contract
at a public hearing conducted for that purpose.
(2) The notice shall include the name of the individual attorneys, a consortium of
lawyers, or an independent public defender organization qualified with the United States
Internal Revenue Service for an exemption from federal income tax under Section 501(c) of
the Internal Revenue Code to provide counsel for indigent defendants; the amount of
compensation to be paid; and the nature of the contracted services.
(3) The office shall conduct a public hearing regarding any contract authorized by
Subsection C of this Section and provide the public an opportunity to offer comment on the
contract.
E. The executive staff, secretarial, clerical, and other personnel directly employed
in the operations of the office shall be state employees. All other personnel employed or who
serve under contract in a district office shall not be state employees. The Joint Legislative
Committee on the Budget may approve other employees hired pursuant to the Louisiana
Public Defender Act as state employees upon recommendation of the office.

Legislative History

Added by Acts 1976, No. 653, §1; Acts 1986, No. 94, §1, eff. June 23, 1986; Acts 1994, 3rd Ex. Sess., No. 105, §1; Acts 1997, No. 1361, §1, eff. Dec. 31, 1997; Acts 2003, No. 288, §1; Acts 2005, No. 343, §1; Acts 2007, No. 307, §1; Acts 2008, No. 2, §1, eff. May 24, 2008; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2013, No. 175, §1, eff. June 7, 2013; Acts 2017, No. 195, §1; Acts 2022, No. 237, §1, eff. July 1, 2022; Acts 2024, 2 nd Ex. Sess., No. 22, §1, eff. March 20, 2024.