§ 15:165 — Methods of delivery of public defender services; selection of methods; emergency

§165. Methods of delivery of public defender services; selection of methods; emergency
circumstances
A. The method of delivery in each judicial district shall be approved to the extent
that it is meeting or able to meet the performance standards and guidelines of the office. The
office may change the method of delivery in order to ensure compliance with best practices
reflected in the performance standards and guidelines.
B. The office shall approve the method of delivery of public defender services for
each district from the following service delivery methods or any combination thereof:
(1)(a) Appointment by the district public defender from a list of competent attorneys
licensed to practice law in this state and classified according to case-type certification level.
(b) All appointments shall be on a successive, rotational basis by case-type
certification. Deviations from the board's list shall be permitted only to comply with Code
of Criminal Procedure Article 512 and in exceptional circumstances upon approval of the
office upon recommendation of the district public defender.
(2) 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 compensation
of the district public defender and all assistants and supporting personnel shall be fixed by
the board in compliance with compensation standards adopted pursuant to rule by the board.
(3) The authorization, by the office, of the district public defender to employ or 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 to provide counsel for indigent
defendants in criminal proceedings.
(4) A full-time public defender office, staffed by full-time lawyers and support staff,
or primarily full time with supplemental positions on a contract basis.
C. Any delivery model in existence prior to April 30, 2007, shall be presumed to be
acceptable and meet standards guidelines pursuant to rules adopted by the office and as
provided by statute until the delivery model is proven not to meet those standards and
guidelines.
D.(1) If, after reasonable assistance, providing of resources, and consultation with
the office, the preexisting delivery model is still deemed unacceptable, the board shall
determine the appropriate service delivery system to provide counsel for indigent defendants
in criminal proceedings. Such a system shall be structured with due consideration for local
variances from judicial district to judicial district within the region and shall, where
necessary, establish satellite offices or part-time satellite offices to maintain easy access to
clients in each judicial district within their purview.
(2) The office shall provide notice of a public hearing as provided in Paragraph (3)
of this Subsection to the district public defender, the district advisory board, if applicable,
and the chief judge of the judicial district prior to changing any delivery model as provided
for by this Section and provide the public an opportunity to offer comment on the change in
the delivery model.
(3) The public hearing provided for by this Subsection may be conducted at a
meeting called by the office, provided proper notice is provided to the public as required by
this Subsection.
E. 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 existing as of August 15, 2007, may, with the approval of current
local indigent defender boards of other judicial districts in its region, provide administration,
management, and supervision of services and budgets for those districts, with due
consideration for local variances from judicial district to judicial district within the region,
and establish, where necessary, satellite offices or part-time satellite offices to maintain easy
access to clients in each judicial district within their purview.
F. The district public defender shall create a staff organization plan for its delivery
method which shall be subject to approval by the office. The staff organization plan will
provide for the method of delivery, positions, duties, and assignments in the district court.
G. In the event of a catastrophic event, natural or otherwise, the office shall have the
power to establish an appropriate delivery system to maintain the competent delivery of
services from among the delivery methods provided for by this Section.

Legislative History

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