§ 15:162 — Vacancies in position of district public defender; formation of district public defender

§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 district public defender
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 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 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 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.

Legislative History

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 Acts 2007, No. 307, §1; Acts 2008, No. 220, §6, eff. June 14, 2008; Acts 2024, 2nd Ex. Sess., No. 22, §§1, 3, eff. March 20, 2024; Acts 2024, No. 528, §1, eff. June 10, 2024.