§ 15:168 — Judicial district indigent defender fund

Louisiana § 15:168

• Jurisdiction: Louisiana
• Title 15: Criminal Procedure

Text

NOTE: See Acts 2020, No. 110, §6, and Acts 2022, No. 654, §1, about the
provisions of the Act ceasing to be effective on July 1, 2024.
§168. Judicial district indigent defender fund
A. There is hereby created within each judicial district an indigent defender fund
which shall be administered by the district public defender on behalf of the office of the
district public defender for that judicial district and composed of funds provided for by this
Section and such funds as may be appropriated or otherwise made available to it.
B.(1)(a) Every court of original criminal jurisdiction, except in the town of
Jonesville, in the city of Plaquemine, and in mayors' courts in municipalities having a
population of less than five thousand, shall remit the following special costs to the district
indigent defender fund for the following violations, under state statute as well as under parish
or municipal ordinance, except a parking violation. Except as provided in Subparagraph (b)
of this Paragraph, the sum of forty-five dollars shall be assessed in cases in which a
defendant is convicted after a trial, a plea of guilty or nolo contendere, or after forfeiting
bond and shall be in addition to all other fines, costs, or forfeitures imposed.
(b) In the parish of Orleans, in addition to all other fines, costs, or forfeitures
imposed, the sum of forty-five dollars may be assessed in cases in which a defendant is
convicted after a trial, a plea of guilty or nolo contendere, or after forfeiting bond.
(2)(a) Such amounts shall be remitted by the respective recipients thereof to the
judicial district indigent defender fund monthly by the tenth day of the succeeding month.
(b) Such amounts remitted in the parish of Orleans shall include all of the following
data for each case in which the costs required for in this Subsection are assessed:
(1) Name and case number of each defendant.
(2) Date of order assessing such costs.
(3) Date by which the defendant is ordered to pay such costs.
(4) Date of collection of such costs.
(5) Actual amount collected.
(c) The office for the district public defender for the parish of Orleans shall notify
the office of the inspector general, city of New Orleans, in writing, if such amounts and data
required in Subparagraphs (a) and (b) of this Paragraph have not been remitted by the
fifteenth day of the month.
C. Except as otherwise provided by the Louisiana Public Defender Act, the funds
provided for in this Section, and any other self-generated revenue and all interest or other
income earned from the investment of such funds and self-generated revenue shall be
retained in the district and shall be used and administered by the district public defender.
D. Any unexpended and unencumbered monies in the judicial district indigent
defender fund at the close of each fiscal year shall remain in the judicial district indigent
defender fund. Monies in the fund shall be administered and used solely and exclusively for
purposes of delivering indigent defender services in that judicial district.
E.(1) Notwithstanding any provision of law to the contrary, each judicial district is
allowed to accumulate funds for the purposes of retaining expert witnesses. The district
public defender, in his discretion, shall determine how payments shall be administered and
which experts shall be paid.
(2) Any person who has retained private counsel but is found to be indigent may
apply for funds for expert witnesses in the same manner as public defender clients. Each
person shall apply for the funds by making application to the district defender of the district
having jurisdiction and shall be subject to the same requirements as indigent clients.
(3) No court shall have jurisdiction to order the payment of any funds administered
by the office or district public defender for expert witnesses, or for any other reason.
F. Repealed by Acts 2024, 2nd Ex. Sess., No. 22, §3, eff. March 20, 2024.

Legislative History

Acts 2007, No. 307, §1; Acts 2012, No. 330, §1, eff. July 1, 2012; Acts 2012, No. 578, §1, eff. June 7, 2012; Acts 2016, No. 239, §1; Acts 2016, No. 581, §1, eff. June 17, 2016; Acts 2020, No. 110, §2; Acts 2022, No. 239, §1; Acts 2022, No. 654, §1, eff. June 18, 2022; Acts 2024, 2nd Ex. Sess., No. 22, §§1, 3, eff. March 20, 2024; Acts 2024, No. 528, §1, eff. June 10, 2024.