§161. District public defender; powers; duties; accounting; audit reporting; existing district
public defenders continued; establishment of office of the district public defender
A.Except as otherwise provided for in this Section, the office shall 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 through the office of the
district public defender. The office of the district public defender shall be a local body
corporate with the power to sue and be sued, to enter into contracts on such terms and
conditions as it deems advisable, and with all other general obligations and privileges of local
political subdivisions. The district public defender shall be the policymaker
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§161. District public defender; powers; duties; accounting; audit reporting; existing district
public defenders continued; establishment of office of the district public defender
A. Except as otherwise provided for in this Section, the office shall 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 through the office of the
district public defender. The office of the district public defender shall be a local body
corporate with the power to sue and be sued, to enter into contracts on such terms and
conditions as it deems advisable, and with all other general obligations and privileges of local
political subdivisions. The district public defender shall be the policymaker for the office of
the district public defender and shall be responsible for ensuring that the office of the district
public defender satisfies its obligations and privileges under Louisiana law.
B. Each district public defender shall meet the following qualifications:
(1) Meet the qualifications provided for in R.S. 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 R.S. 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 office of the district public defender 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 R.S. 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 public defender services in each judicial
district, any person serving as the district public defender of a judicial district shall continue
to 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 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.