KATRINA BLOG

Comments welcome CEO@lapda.org The views expressed herein are solely those of the writer and are not necessarily reflective of the official position of the membership of LaPDA or any sane individual, however the writer believes them to be compelling, brilliant and often exceptionally entertaining. Entries from August through September at AUG-SEPT BLOG

THEY USED ALL THE NAMES in the Atlantic Season. Tropical Storm Zeta formed today. Another season or two like 2005 and Louisiana will be a trapper's haven again. Final calculations rate Katrina a 3, not a 4.

Special Legislative Session in the next 8 weeks may tackle "levee boards" - Louisiana has a fascination with "boards" - more on on that in the reform blog as its time to close our storm blog and get back to work.

The 100 club raised a little over $1,775 for a South La PD who lost most of her home. I just finished "Rising Tide" by John Barry. They didn't keep their promises after the 1927 river flooding either. Things were changed fundamentally. What about 2005?

The "Mall of America" - Bloomington Minnesota. The American Christmas. O'Reilly may protest "Happy Holidays" but he has nothing to say about the commerce. I went to FEMA director Brown's fashion source mentioned in his unfortunate E Mails while folks sweltered in the Convention Center. Yes Brownie, there is Nordstrum, and I can see how, as you comb through thousand dollar suits, hundred dollar ties, and fifty dollar socks it might have been tough to believe that anybody could actually be "underprivileged". Certainly you feel entitled as you listen to the live piano down on the first floor, and the biggest problem confronting you is whether to go with the $150 tie or the "cheap" $100. But I bought a tie in your honor. Good luck with your consulting business. And Merry Christmas with the audit showing the entire Homeland Security Agency is totally screwed up. Wonder if they looked over your emails at NSA?

Gannett's Lafayette Advertiser runs an item today compiling accounts of 5,000 inmates in the big yard at Hunt after the flood getting fed like animals.

Late arrivals to the failure of Louisiana to invoke Gideon, but at least the Bar now has an active 'Right to Counsel Committee' and they are interested. We just need to convince them ITS THE MONEY!

12 15 05 LIDAB MEETS - SPEEDING TICKETS - 3 BILLION DOLLAR LEVEES - DA PAY CUTS

Barely with a quorum, including a Hotel Manager/Owner as one new member, second new member abstained. We're not sure what kind of orientation was given. The Agenda was vague. Two attending got speeding tickets in the Orleans area (keep those $ coming in). Action we understand:

Emergency Funds for Orleans, Jefferson, St. Bernard, Plaquemine, St. Tammany, et al - pending further review early '06

Somebody needs to do a briefing book before each meeting on issues. There should be a process of pre-meeting publication as to the items to be decided. The weakness of the "State Board" is apparent in our current setup. They barely got enough members to meet.

The new levee system will be funded by the US to the tune of over $3 BILLION. Mayor Ray was pleased, speaking from the White House. He may want to consider a party change if folks don't start back! Bush seems to like him.

We hear that many Assistant DA's got pay cuts out of the first special session. Better than getting fired.

"Just one more story of lawyers doing the right thing. "I filed a habeas on behalf of 77 inmates evacuated from Plaquemines to EBR parish prison. After some jockeying, the case was assigned to Judge Roe and ADA David Huft had many discussions with me about the status of their inmates. I learned that shortly after the Katrina/Rita disasters, the judge, ADA and two of the PD's, Peter Barbay and Michael Clements, came to BR, reviewed many of their inmates files, got many released and many set for court in December and January."

"The Pd's office assistant Michelle Epply was familiar with the details of many of their clients cases, status and had talked to many and could confirm they were out on bond or had been released because time was served."

"While a few inmates may have fallen between the cracks, this office got back on its feet and job quickly after the storm."

"Similarly, I met with Ritchie Tompson of Jefferson, last week, and while his staff is reduced and his salaries are cut, his lawyers are litigating and filing motions addressing numerous legal issues of their clients, including motions addressing funding."

"I was pleased to be able to turn over a lot of the work to the PD's who were working for their clients."

"So, while none can deny the incredible dedication of the Mann team, too numerous to count them all, there are others whose homes and offices were wrecked who are still on the job. They deserve recognition, and they deserve our respect, and they deserve our help in getting the legislature to address the funding problems that has plagued our system. Hopefully the dialogue begun by the storm will bear fruit as the legislative session looms -"

"One last note - many of the people on this list serv feel as though they are "observers" of a fight they are not involved in - what to do about funding and structural reforms of the system of providing a defense for the poor. To the contrary, I hope you will pay attention, get informed and get involved. It is a complicated problem. Fresh ideas, from new participants, will be helpful - many of us have been in this fight for years, but that does not mean we know all the answers, all the solutions, and we certainly need your help." (James E. Boren, Baton Rouge, La.)

Five years plus as the founder of Louisiana's Capital Post Conviction Project end with Denny's resignation, which was postponed in the wake of the twins.

In 1641 the Long Parliament abolished the hated Star Chamber, though its name survives still to designate arbitrary, secretive proceedings in opposition to personal rights and liberty.

The pejorative "Star Chamber" makes reference to any effort to undertake action on the law without fundamental fairness mandated by the United States Constitution, including notice, right to answer, and a public hearing.

La. R.S. 15:144 (E), enacted almost unanimously by the Louisiana Legislature, provides that " The members of the indigent defender boards and the attorneys assigned to represent indigents as provided in this Title, upon appointment, shall be subject to judicial supervision only in the same manner and to the same extent as attorneys engaged in the private practice of law. The authority of the district court judges in each judicial district to appoint members to the district board shall not in any way be construed to authorize those judges to participate in specific management decisions of the district board, in order to preserve the independence of attorneys appointed to represent indigent defendants consistent with the standards adopted by the American Bar Association and other standards of practice."

Particularly when we are under the spotlight of national attention, we need to be the most open, the most consultative and the most respectful of Due Process.

I'm not a doctor, but my wife and I used to play doctor when we first met. At this point its clearly time for us all to stop and think about the traumatic effect of the twins and recognize that clear thinking may be at a premium. I'm not just talking about the witnesses who told Congress the levees were blown up to kill the black folks (even though so many were in white owned rentals and lots of different races are devastated), or the owner of the New Orleans Saints who feels Baton Rouge is not safe. I'm talking about lawyers who may not see clearly through the stinkin' brackish mud and vacant lots that used to be homesites. I'm hearing rants and lots of declarative sentences these days and there are plots and intrigues. We may need some time out and healing before we screw things up even more.

Take a webcast break (Explorer Only) with SAMSHA . If you can stand the stilted format you may learn that natural disasters definitely leave Post Traumatic Stress and often add to that the clinical "DISORDER". Check out particularly #10 - symptoms. A how to article provides coping strategies from psychology professionals. If you think the twins changed everything, remember they may have changed you too.

PTSD is anxiety, and often leads to irrational thoughts and can distort reality, leading to agitation, conflict and social alienation. I know that sounds like my life, but really, we're talking about total destruction here. Lawyers and Public Defenders are not immune.

From HELP HELP to FIGHT FIGHT - Houston sees student conflict but nobody notes the giant schools are essentially out of control without regard to "evacuees".

This is a departure, subjectwise. An airlines passenger was shot to death in Miami today by an Air Marshall after claiming to have a bomb. Holiday Greetings from the Office of Homeland Security: "Historically, the air marshals have been known as the best shots," said Joseph Gutheinz, a former military pilot and retired agent in NASA's inspector general office." (Rueters)

Just when you have started to forget how bad this is - if somebody dies in St. Bernard, Plaquemine or Orleans it may be 3 weeks before they are interred.

The illusion of an "Indigent Defense Problem" in New Orleans is based on a myopic view of the system - the whole Crim Justice system is out of business! One lawyer recounts seeing Criminal files from the Clerk of Court in St. Bernard at the curbside in piles of soggy records! A private bar client locked up in Lafayette from New Orleans has no lawyer - his attorney is gone and undecided on whether to come back! There's still no power or courthouse, and communication is so limited that dispositions are getting from court to the jail at the pace of the 1700s! So the folks who think this is the talisman for revolutionary reform are really in fantasy land. Its much more than the PD arm of the system.

BUT - there is no doubt that things are crappy in the Crescent City: An OID lawyer, now laid off, writes:

"As far as I know, 30 of the 39 of us were laid off. Seniority and rank seemed to be the determining factors on who was cut loose. We were also told that we would be offered our old positions when and if the things got back up and running. I will say that my supervisors were professional about the whole thing. They're behind the eight ball like everyone else down here."

"Here's an overview of what I've witnessed as of late:"

"I've spent the last few weeks in and out of the NO makeshift courthouse at the House of Detention. In short, things are not good. Rumor has it that FEMA is preventing the reopening of Tulane and Broad which will further complicate the already broken system we have down here. From what I can tell, the number of defendants, both jailed and on bond, is growing faster than the courts can keep up with. In the absence of a "real" courthouse, there can be no disposition of cases. With no trials being held, no jury pool, abnormally high bonds being set, and only a handful of PDs to go around, the problems to come should be obvious. "

"Also, the lines of communication between defense counsel and the DA's office are non-existent. The only way to contact opposing counsel is to pay a visit to the Royal Sonesta on Bourbon. If you call the hotel and ask to speak to the DA's office, the hotel clerk takes a HANDWRITTEN message for DA (ARE YOU KIDDING ME?). There is no direct line to the DA's office!!! You must have the cell phone line of the specific ADA you're looking for and as always, the DA's office is reluctant to give out those numbers. Crazy."

"It gets worse: For instance, the DA refused a charge against one of my clients last Wednesday and he's yet to be released. I've spoken the ADA in the case and she told me she faxed the refusal memo to the Sheriff over a week ago. In another incident, I got a fella released on an ROR bond. It took five days to secure his release because no deputy walked over the paperwork from courtroom to the jailhouse (probably 50ft away)."

"The indigent defender system in New Orleans is truly indigent now (and the whole system for that matter). We really need help." (D. Utley)

HELP! Not an effort to take advantage of things to get your way! HELP! Not a coup by a clique of outsiders who try to make sure nobody knows what they plan and want to spring some goofy surprise on the system. HELP! Unfortunately you have to work with a broad range of people to get things done in the public sector - including those with the temerity to exercise good judgment and ally themselves with powerful interests. Punishing people for their politics is undemocratic and counterproductive. So to everybody who enjoyed the special meeting directed at taking over OID, including Professor Singer, David Utter, Rick Tessier and others - just focus on getting some HELP! Don't humiliate Louisiana with another political gong show just because you believe in imposing your will on the entire political system.

12 05 05 "OK, WE FOUND THAT LETTER ASKING FOR A FEMA RESCUE OF THOUSANDS OF YOUR CITIZENS ON THE WEBSITE - BUT WE NEED AN ORIGINAL!"

NO KIDDING! You thought it was Brownie! NBC reported tonight that in the 100,000 pages of documents from the Governor's Office was an exchange in which Blanco told Bush "we need everything" and days later the White House acknowledged it and asked for "an original" so it could be processed! Days later the aid started. "WE NEED AN ORIGINAL." Who are these people?

Cold Play is a modern band with stirring lyrics and music, and in this collage a compelling story of New Orleans' misery. http://gmagic.com/katrina (R. Tessier)

The disclosure of communications from inside Blanco's administration during the disaster sheds little light and really provides no news other than the "holy shit!" response that was already apparent. The press has pushed the "burnishing the image" story line, but you have to wonder what this does to any "Executive Privilege" for the Governor's Office and why only the press has access on the web!

There is no doubt the State advised the Feds that Katrina would require extraordinary Federal Action, as one day before landfall Blanco wrote: "I have determined that this incident will be of such severity and magnitude that effective response will be beyond the capabilities of the state and the affected local governments and that supplementary federal assistance will be necessary."

I'm starting to hear that old Bushism: "everything has changed" with reference to the PD crisis. The President's Men and Women have used 9-11 as a justification for almost everything, founded on the claim that "9/11 changed everything". This included preemptive War - a first in American History! Now we are hearing people say "Katrina changed everything".

Unfortunately, the core problems of Indigent Defense Policy have not changed. There is still a limited constituency, a lack of public awareness and appreciation, and so far no agreement on just what it is we expect from Public Defenders. With the Commissioner of Administration having a vision of less services from the State, we need to quickly agree on what the PD is supposed to do and how if we are going to have any shot at making things better. The depth and breadth of this disaster doesn't support any particular view, approach or solution, and if anything the established political order is stronger rather than weaker. And there's a hell of a lot less money available. That means we have to make a better case, and in that sense, NOTHING HAS CHANGED, at least not for the better!

Federal funds may be used for a property buyout/resale plan to rehabilitate some of the 200,000 homes lost in Louisiana.

Lower 9th Ward residents take a short tour - many economically disadvantaged and old folks are never coming back. How many indigents will really be able to return? Lafayette Police may be writing record numbers of traffic tickets with the new residents boosting population - is there a windfall coming in the traffic fund?

LaCDL holds its Tate Awards dinner in Baton Rouge December 16th, recognizing Phyllis Mann with the Justice Al Tate Award, Nick Trenticosta with the Sam Dalton Capital Award, and Shelia Myers with the CJA Panel Attorney Award. (from Robert Kennedy)

The end of the Hurricane "season" is almost meaningless when people still have no housing. NBC reports New Orleans has 60,000 residents living there now, down from 500,000. Its only been 90 days but it seems the 'city' may be less than half its former size. What does that mean for all the Public Defenders, Judges, DA's and court personnel who were staffed up generally based on caseloads arising from population?

In a stunning bit of videography, NBC showed an air shot of the Crescent City at night - with huge areas still in total darkness without power. Right now there aren't enough people in New Olreans to fill the Superdome for a Saints game.

The Louisiana Supreme Court will return to its offices in New Orleans on December 5, according to a recent news release.

11 23 05 FREE OFFICE IN N. O. - diaspora inmates stay under Supreme Court Writ

"Open from 8:30 a.m. to 4:30 p.m., Monday through Friday, in the Louisiana Bar Center (601 St. Charles Ave., New Orleans), the business center is free to all LSBA members" (La. Bar Assoc.) This is a functional office for getting N. O. lawyers back in business. GREAT IDEA!

UNCONFIRMED REPORT - La. S. Ct. grants writ ordering detention until January 8th for certain felonies not yet charged in the cases of inmates evacuated from New Orleans.

"The House and Senate have adopted the Conference Committee Report on HB 156. It adopted the amendments which restored all but $182,743 of the cuts to LIDAB’s budget. Now, unless the Governor uses her line item veto that will be all the cut we receive." (Ed Greenlee)

Kudos to Governor Blanco, Ed Greenlee and Marsha. Clearly LIDAB was able to inform the State about the need for funds to avoid a total shutdown of Criminal Justice. Anybody who cares about Indigent Defense but opposes Governor Blanco is not up on Louisiana History - and those who wanted some bull in the china shop rancor can eat crow. In the context of Louisiana's current disastrous status, this is strong.

Kudos too to JJPL and David Utter. Despite reservations about the moderate tone of LJC, they will continue to support its effort at Public Education and grass roots building for the Ten Principles. Heather Hall will continue as Executive Director and get back up and running. There is something essentially honorable in disagreeing with people but at the same time accepting that they have a role in the process and system.

Look, GM needs just 7 billion to save itself. N.O. needs people. 60 Minutes reported Sunday the place is doomed. That should bring 'em back. NBC reported yesterday the population is 95,000 of an original 495,000. Some estimates are that over 300,000 cars were lost in the flood. So - get Oprah in there, buy $7 billion in cars (including police cruisers and city vehicles, and those scores of buses) and give a free car to everybody who comes home! Depending on the models, you're talking a quick billion for GM. You save GM and NO!

There is growing doubt that they will come back. Think of the cost of moving and then figure out how a person on a subsistence income level could even think of it! Plus they don't have a place to move to. The magic of insurance was unveiled in an NBC New piece yesterday. A $40,000 check for home, all contents, and vehicles, plus an outstanding mortgage balance off the top! No matter the "magic" of your city, the choice would be about whether to go back, start over, face another Hurricane Season, or cozy up in Houston, Atlanta, or Dallas and get back to living. Assuming you could even choose - not much question about that. Lakeview seems to have more returnees than the ward, and the Republicans are already gaming about getting the Mayor's Office, which is just the tip of the political iceberg.

Judge Calvin Johnson's ORDER appointing the Law Clinics to Orleans Indigent cases. No word on today's "hearing".

State's writ application on release of Hurricane Detainees was filed. Not substantive enough to deserve a link. In summary - " its too bad for them we don't have the time to decide their fate".

L.A. Times story today provides great summary of the State of N. O. Crim Justice. It includes the news that Judge Calvin Johnson wants to appoint Tulane and Loyola Law Clinics to take of the OID! An apparent exparte Order makes sweeping findings and declares that the clinics can come in on appointments, subject to their own right to refuse/ withdraw as they wish.

Its not clear whether this was sua sponte by the court or lobbied for by activists, but the exparte foundation seems to leave a lot of questions open about what facts it could be based on. Are the N. O. Law Schools back in business? Students have returned? If not, is this just a way to change "management" during the current crisis? Its probably good to have some help for OID right now, but its not clear whether somebody who can take it or leave it as to appointments can really be counted on to help!

The Times reports that Tilden Greenbaum will be in a conference with Judge Johnson and others Monday. Good idea to have the man who has worked since hours after Katrina trying to keep the defense side going! Better to have his input on the facts before remedies are fashioned.

The record setting continues. Tropical Storm Gamma won't come North but may go Northeast into Florida.

The State is going to the Supreme Court on the Mann Project after the 1st Circuit denied its application to stop releases ordered by Judge Calvin Johnson.

The entire Orleans court system is devastated, and many lawyers may be gone for good. Is this an opportunity for change? That seems to be a theme for La., including a sweeping takeover of the schools by the State which may happen. New Orleans is down to its 1963 population. The State doesn't have the money for anything, including the LSU Medical School and Charity Hospital System, short to the tune of $15 million a month! None of this logically shows deficiencies in the pre-storm systems. But it might open the way for a broad coalition to support a model office in a devastated area.

Did Katrina destroy cooperation in the PD world? The Louisiana Justice Coalition seems to be having to deal with some ancient issues lately. David Utter declared it was done. That hasn't been determined. People can go off on their own tangents. Change is not coming without broad consensus, consultation and compromise. In the current disaster that is more important than ever. We can't get anything done if we are seen playing exparte games and forming up elite cliques - that will only drive away outsiders who would normally help.

If "everything has changed" its only that more than ever we need to stay together to get things done. We've been teaching this lesson for years, that Public Defenders must be involved. School is still open. We apparently have plenty of students.

First Circuit denied relief to the State, lifted the Stay Order and allowed Judge Johnson's orders for release to be enforced. The Mann Project rolls on and some happy folks may be home (if they have one) for the first big holiday next week.

"Meg Garvey drove over today and met with Judge Fernandez. She will have a more complete meeting with him on Friday, but here is what she learned. The St Bernard IDB has filed something for 40-50 of the people who are past their 701 dates, and the DA is dismissing cases that have not yet been billed. Probation is lifting holds on the technical violation folks (anyone without a new charge). By Monday we will get a list of who all they have released. We are continuing to try to track down family members for those who need a personal surety." ( Phyllis E. Mann)

Depression number 27 has formed in the Caribbean, but strong cold fronts this week seem likely to block it out of the Gulf.

Speedy trial? If you look at the case law there's not much left to it. The State's Writ App is focused on statutory provisions that give the DA time to file a charge, and notes that the disaster interrupted or suspended those times, therefore the detention is legal. The minutes indicate Judge Johnson ruled that the detentions were in violation of the speedy trial law. The First Circuit issued a Stay. The DA asks for time to continue voluntary releases. This could set some bad precedent. We blogged this early on, noting that litigation in other states gave limited leeway to the State.

The Advocate reports the doomsday cuts have been reduced considerably. LIDAB's cut is $99,000, and its not clear whether the Governor's original +/- $500,000 cut might be changed by the administration under its authority granted in the legislation pending. The approach seems to be to give authority up to a maximum but let the Division of Administration maneuver for precise cuts. Word is LIDAB may be able to cap its cuts at $99,000 if there is need for the other half million during the emergency.

"House Speaker Joe Salter, D-Florien, said the $26 million budget for the House of Representatives would be cut by $1 million, and state Supreme Court Justice Kitty Kimball said the court system would give up $1.9 million. Their decisions came after criticism surfaced last week that the legislative and judicial budgets were being spared from budget-cutting demanded of executive agencies." (NOLA.COM)

Press reports indicate the "doomsday" cuts in the original HB 156 have been massaged down, but the Legislative Web does not show any change in the Bill, which goes to the House Floor this week. Greenlee reports the total LIDAB cut may be near $700,000.

There may be hope after all. The second round of Executive action seemed like a contortionist on the Cirque Soliel stage, but moving money around could spare the "doomsday cuts", possibly including the trial stopping slashing of LIDAB. Commissioner of Administration Jerry Luke LeBlanc has a plan which shows flashes of brilliance.

The doomsday authority sought in HB 156 is just that: $1 million and 42 positions lopped off the AG's office, $2 million from DOC, Department of Revenue $6 million, 285 positions - that kind of stuff is consistent with the LIDAB 1.5 but clearly these are cuts for only a last resort. The Bill gives authority but doesn't actually cut - the Governor wants to fund these things but needs Legislative approval of her plan do to so.

Politics sometimes includes a trial balloon which lays out the alternative in hopes of getting something less disastrous. That appears to be the situation in the current session, as the Governor's Office indicates its last round of cuts is mere discussion material. This means people must speak up directly to their legislators in opposition to the LIDAB slashing in the "doomsday scenario". Greenlee is not supposed to lobby, but has provided information on the impact. Now we all need to contact our own legislators and oppose cutting the additional $1 million. Go to the legislative web and find your Representatives, particularly on the Appropriations Committee, then get ready for the Senate Side.

We are preparing Citizen Kits to ship out so PDs can ask for halting cases where there is no money for them to be defended.

District Judge Calvin Johnson granted Habeas Relief to about 99 diaspora inmates, but the Court of Appeal issued an emergency stay to prevent execution of the Judgment:

"Thursday afternoon (Nov 10) around 4:00 p.m., the State filed application for supervisory writ in the 1st Cir Ct of App. At around 7:30 pm on Thurs, the Clerk called and said the 1st Cir has granted a stay of the trial court's ruling."

"We actually received the State's writ Thursday morning. We called the 1st Cir emergency numbers to find out when and where to file our response today, and they said "sorry, we're closed. We will not accept your writ response until Mon morning." We called the S.Ct. and left messages at the emergency numbers, but no one returned our calls." "Thus the approx 99 folks who were to be released today and tomorrow are, instead, remaining in jail. We will file our response on Monday . . ." (Phyllis Mann)

Public Defender offices may have to file for relief under Citizen in a number of cases to halt prosecutions until funding becomes available. You can short change levee work because there's not a hurricane today, but the PDs have cases right now and its either fund it or shut it down.

Rumor has it the State LIDAB fund may be cut over 1.5 Million dollars. Higher education $67 million, and the numbers are catastrophic across the board as the special session continues. (Except the Judiciary, no cuts) As the carcass of our hope for more money draws flies in a pile of rubble along with most of the southeast and southwestern coastal plains of Louisiana, let me drop a fly in the ointment of those wanting to wag a finger about all this in support of agendas. Its not structure - its the lack of any political base for the concept of indigent defense.

There is a fundamental flaw in the world of "Indigent Defense" - the conventional wisdom that has allowed states to shuffle structure and ignore funding. The activists focus on committees, boards, directors and all the typical anglo systemic fiddling that has always failed. (See: FEMA; Republican Nat'l Committee; Kerry Campaign; White Star Lines Titanic; Orleans Levee Board; General Motors; Pentagon; New Orleans Saints; N.O. P.D.)

The static about structure allows the system to ignore that it takes MONEY. A proposed cut of $1.5 million for Louisiana is the rule, not the exception. See for example: TENNESSEE, where the Governor proposed cuts for transfer to MEDICAID! Look at OREGON, where triage is underway, according to the ABA. Oregon's full time system faces a 9% proposed cut. The data shows a constant struggle for funding across the USA, including New York, Minnesota, and Kentucky. OHIO deals out a 4% CUT, NEBRASKA couldn't hold the line, North Carolina changed its system but not its culture of under funded Public Defenders, and the ABA has noted that the one common, consistent theme in poor performance is MONEY. Just Google "indigent defense cuts" for yourself - you don't have enough years of life left to read it all!

Its certainly stupid to cut something like Indigent Defense when you never have funded it anyway, but why doesn't that impress you with the fact that obviously we have not convinced the system of the need for MONEY! The last effort at Louisiana Legislation was a grand, feel good move to change the State Board, tweaking membership and quorums and trying to deep six the public defenders' voice, with a small nod to money by leveling court costs at $35. So another year went by without any compelling information or evidence about MONEY! Once again the debate was over the magic "structures" thought to hold the key to positive change.

In Louisiana we now have an even weaker state agency than we would have had there been no effort to tinker with the board and the structure. "The fact that the Governor and the Supreme Court have not made the new member appointments to LIDAB and the problem with getting a quorum, who will decide where these cuts are made from within LIDAB's many programs?" (George Steimel, LaPDA Lobbyist) Sometimes the baker doesn't end up liking the cake. But the amendments imposed a statutory quorum of 8 - and even though only 9 currently serve, the quorum is 8, and that wasn't the idea of the Court or the Governor, or the public defenders. So we have no State Board. Any hint of a suggestion that in the wake of this emergency we might need to reduce that quorum or suspend changing the board was rejected out of hand. So lets enjoy dessert. And take a small piece of it if you please, its getting smaller by the minute!

YOU JUST RAN OVER A KID ON YOUR STREET. WHAT DO YOU DO? CALL A LAWYER? NO - GET AN IMMUNITY BILL:

"The House passed a bill (House Bill 28) by Rep. Danny Martiny, R-Metairie, that would bar most of those prisoners from suing the prison authorities."

"Martiny amended the bill after Rep. Shirley Bowler, R-Harahan, questioned in a committee meeting whether the bill would allow a sheriff to incarcerate prisoners indefinitely. The amendment added a provision saying inmates could sue if the sheriff failed to find out which ones should be released, then release them, "within a reasonable length of time." (nola.com)

Think about this: you were picked up for disorderly conduct the day before Katrina hit New Orleans. You have been in DOC for 65 days because they want to limit releases to 35 people a day. They have perhaps 3,500 people, so you could actually wait at least another 3 months to get out, except that is 35 a day for 5 days a week, so its even longer. This would be true even if no charge is going to be filed! Enter the Mann project, and yesterday's hearings in which Judge Johnson ordered Habeas relief and release of hundreds of people held in this limbo after Orleans Parish Prison flooded. Efforts by Phyllis Mann, Neal Walker and Julie Lilbourn making it happen for so many people. Maybe sometimes a big caseload is no bar to getting justice!

The Mann Project consolidated hearing was set for today in Baton Rouge on remaining diaspora prisoners from Orleans. Judge Calvin Johnson was hearing the matter in docket number in EBR 537,705 - Section 27, and the style of the case is "Charles Kimbrough, et al vs. Lynn Cooper, Warden, et al." Nov its been months: hard to believe some people who should be out are still in! But Phyllis Mann appears to be leading a group of determined lawyers who will get them out!

Across town there was some interest in a Bill to give immunity to Sheriff's, even though the Orleans Criminal Sheriff says nothing went wrong at OPP during the evacuations.

A Bill to provide venue in an emergency seems to forget the "host" district would have a lot of expenses for the privilege of helping districts impacted by disaster, and makes no provision for that.

"B. All appearance obligations, whether personal, property, or commercial, 5 written prior to August 28, 2005, by any surety located in or for any courts located 6 in the parishes of Jefferson, Orleans, Plaquemines, St. Bernard, St. Tammany, 7 Tangipahoa, and Washington are null, void, and of no effect."

"C. All appearance obligations, whether personal, property, or commercial, 9 written prior to September 21, 2005, by any surety located in or for any courts 10 located in the parishes of Calcasieu, Cameron, and Vermilion are null, void, and of 11 no effect." Does this mean only that the posted bond is not valid? Are people on bail no longer covered? Do they get a refund? How does this affect a bail contract?

The Governor has set the tone of the budget cutting in her Executive Orders on funding, including a cut of ($524,729) for the Indigent Defense Assistance Board. We should probably trust that the Governor has plans to assist the local boards and that in fact additional money for the impacted districts may change the overall complexion of the cuts. But we have not been told what the thinking is.

One thing for sure - in a $1,000,000,000 shortfall, getting cut less than 10% is nothing we can scream about. We have yet to explain our needs, we have been active on structure only, and now its going to hurt because nobody is going to exclude us from the pain. An outside observer surely thinks, based on the agitation over board membership and other window dressing, that money is not top priority.

It is expected that emergency State funds for local boards impacted will run through LIDAB. Maybe the kind of volunteer effort we've seen in the last two months is bound to continue.

The sale "under no compulsion to buy or sell" is part of the definition of market price. The 2005 Criminal Litigation Seminar had over 80 willing participants in its one-day version.

A beta (test) version of web based caseload data will be on line before the end of the month in 8 Parishes.

Jelpi Picou says the Capital Appellate Project was able to file in the U. S. Supreme Court 3 days after Katrina because it had web-based backups off-site for office computers. LIDAB, LAP had off-site servers for their websites. A caseload counting / management system would have been tremendous help for tracking inmates after recent storms: accessible from anywhere and immune to weather problems. Once the beta program is proven we look for money to solve a basic, but long standing problem: caseload measurement. This is happening with the volunteer efforts of LaPDA members and PD Offices.

Foreshadowing one track of the Louisiana disaster response, 4,000 health workers have been fired in New Orleans due to Katrina damage. The Governor cut 300 million out of the budget by Executive Order this week. Another 600 million in immediate cuts is needed to meet a balanced budget provision of state law.

Democratic Rep Melancon released more Brownie Emails, these showing that as Katrina bore down on New Orleans, FEMA head Brown bantered with his staff on his wardrobe, including his note that he was outfitted by Nordstrom. "Shop like you mean it". To claim Governor Blanco was at fault is outrageous. He was in Louisiana, how about a Negligent Homicide charge? Any possible doubt about the incompetence in the Bush II administration is fading, as 60% in the latest poll say things are wacko in Washington.

The Times Picayune should get a Pulitzer for working through the N. O. disaster, and we owe them for noting the impact on Indigent Defense, including an article today brought to our attention by George Steimel on Jefferson Parish cutting pay by 50% . The item explains problems in other impacted areas as well.

Now for all the advocates of a State wide central program, lets wait and see whether the Special Session solves the same financial problems the PDs have for other agencies. There is some indication that LIDAB may be funded, but that is small potatoes compared to the local IDBs. The expectation was we would try to get funding up to pre-K levels along with the DA's, but who knows?

Every revenue stream is disrupted, including the tax base, so this doesn't speak to the issue of whether traffic tickets are worse than appropriations during a disaster. Public service has been hit no matter what revenue source they rely on. Tickets are bad because they are unpredictable. Different issue.

Richie Thompson, Mike Escudier and other PDs are professionals working hard and doing their best in this bad situation. (and they know this faint praise may be about it as far as recognition: there is no Nobel Prize for Indigent Defense)

Coroner George McCormick in North La. is being subject to a kind of "professional autopsy" as questions have begun to pop up about office practices, reliability and accuracy. The story reached the major media after breaking in local tabloids.

Special Session starts Nov. 6. Nobody thinks Indigent Defense is a primary concern. Issues related to criminal law include:

LaPDA's Criminal Litigation Seminar will host over 60 lawyers at the Hilton Friday.

Quite funny to hear RUSH LIMBAUGH wailing about the aggressive, political prosecutors going after Libby and Rove, and how "they won't stop". What happened to the law and order, defendants are garbage right wing? Swallowed with Loritabs? The disc jockey is sounding like Clive on prosecutorial abuse! But only for a very select few defendants, including RUSH LIMBAUGH! Very funny irony! CHENEY asserts the presumption of innocence which he pushed for at GITMO.

LACDL's 16th Annual Law And All That Jazz CLE Seminar will go on as scheduled. The seminar will be held at the JW Marriott New Orleans, 614 Canal St. on April 27-29, 2006 LAPDA "Criminal Litigation Seminar" Friday November 4 - recent Cases and Legislation, Habitual Offender plus followup on Federal Guidelines cases.

Second letter in the Greek Alphabet was used this week for the 23rd named storm. Five weeks left in the season.

10 26 05 SUPREME COURT CLOSED TO NOVEMBER 25 - LITIGATORS NEEDED FOR HC - FREE PHONES?

The La. Supreme Court issued an Order today declaring a legal holiday for the period Aug. 29 to November 28. FILINGS DUE IN THE PERIOD ARE NOW DUE NOVEMBER 28, 2005. The Court will reopen November 25th. Filings will be accepted November 2nd by mail. SEE ORDER

HELP NEEDED for Habeas filings on behalf of lost Parish detainees. Some continue to languish across the State as DOC - A G - Public Ds and Private Bar work to free them. Some are really just lost in a paper trail and need a push for the system to react quickly. The whole approach is outlined and set up and will take nothing but time. There is a list of prospective clients and a DOC list for who is out and who's not. E mail for information CEO@LAPDA.ORG

We thought of it first - give folks a free cell phone! But in fact the limited minutes, no cell towers, it didn't pan out. Today an item in the Advocate: "Feds to give free phones"

Calcasieu IDO is safely moved into a building across the street from their regular office. They are in about 700 square feet, whereas they normally occupy well over 2000 square feet, so they are cozy to say the least. They do not have telephone nor fax nor internet, and are not expected to get it for a few months. If you need to reach them, you can fax to the law office of Lorenzi & Sanchez at (337) 439-3216. You can also call Ron on his cellphone at: (337) 526-2891. (Phyllis Mann)

LIDAB will NOT meet Thursday. Insufficient members for quorum under the new structure continues to be a stumbling block. Greenlee will have to make some decisions in crisis.

Katrina Slidell blog with pictures tells the story from a personal level. MSNBC ran a story with a pic from Slidell on how digital record keeping could avoid the damage of floods and hurricanes with the old standby for computer geeks: BACKUPS!

Wilma rolled over Florida today and out to the Atlantic. It will miss New England but spin off some heavy precip. The Arizona Star noted Bill Rittenburg is on the way home today, and Lawyer's Weekly last week ran stories on returning lawyers. Dwight Doskey and Tilden Greenbaum expect to file scores of motions this week urging the Orleans District Court to order an accounting on evidence in felony cases. The PDs will not enter pleas in major felony cases absent this accounting. Bond will also be urged for low level offenders.

The 100 Club is getting good response, with over 10% of the first goal sent in. NACDL needs donors too, as right now they're out of $ but not out of need.

10 21 05 WORSE THAN YOU COULD HAVE IMAGINED / NEW X Os / DA Staffers Laid Off

E mails from a FEMA , including people on the ground in the Superdome described running out of oxygen and toilet paper while FEMA HQ fretted about getting Director Brown to dinner in Baton Rouge in light of all the traffic. There is no doubt that Brown and FEMA were negligent in their lack of concern, with Brown's office fretting over his dinner plans and Baton Rouge Traffic amidst the disaster!

Governor Blanco extends her legal deadlines suspension to November 25, ONLY FOR Rita's impact, leaving the rest of the State back on normal dates effective 10 / 25 as before. The La. Supreme Court has issued its own order authorizing courts to adjudicate exceptions to the XOs on a case by case basis. There are some rumblings about Legislators calling their own Special Session, which would be a first in La. history and indicates some assess Katrina damage to Blanco's political power.

Lafayette traffic is moving back toward normal as it seems folks are heading home to the East and West of Acadiana.

Eddie Jordan announces layoffs as funding dries up OID also reportedly laid off some folks, so the impact is government-wide and not funding specific.

NACDL has assisted more than 80 lawyers with over 100,000 and the work is continuing. Lawyers impacted by the storms can apply on line immediately.

i went to court in Vermilion Parish. one of the PDs doing Probation Revocations looked really glum, so i made a comment to another PD about it . . . i then heard another sad story and i'm back to my "we're not doing shit" mode after hearing it. . . but this time I am going to start something other than a discussion . . . .

she has been a PD for as long as I can recall, back to when I first was Chief in 1983. . . a single mother, a lawyer in a small town, she lived in Erath . . . . when Hurricane Rita rolled through, there was not much damage . . . lots of folks there returned home to check and while there the Gulf of Mexco came in . . . Linda had 4 feet of water in her home and lost just about everything . . . she is living with friends . . . she has now lined up a stove from somebody's store room and a college dorm refrigerator . . . . that's it . . . she has a couple of Death Penalty Life Sentences to her credit . . .

this is the kind of thing that happens when people spend time in the PD system and can't have all the trappings of insurance and savings and stuff we all should be able to take for granted . . . .

I AM ASKING FOR $75 FROM 100 LAWYERS. THAT'S ALL. Once we get that number we can look for another PD who has lost everything and each of the 100 who have given can find one person to give, until we get 100 more who can do the same for the next PD

I KNOW there are hundreds of people just like this lawyer across the State, private bar and otherwise. But for 50 days I have been sitting around (in and out of the lounge chair) wondering what I could do. I have been paralysed by the extent of this tragedy and therefore have done NOTHING, other than donate to the Red Cross and pack cleanup kits at church. IF WE TAKE ONE AT A TIME maybe we can make a difference little by little. I doubt we will run out of people to help. I know it is not necessarily fair. I do not mean this to belittle any other efforts. But really even if we get 100 at $75 that's barely enough to equip a kitchen, so we should be able to do that for scores of lawyers if we simply start with 100 and then have enough energy to get another 100 each time. (Yes, I was once in AMWAY!)

Time to do something and let FEMA dawdle. There are THOUSANDS of lawyers out there from Louisiana and across the country. Under the AMWAY theory it should be enough to raise MILLIONS! But who's counting?

If you want to join the "100 Club" do so by sending a check to "PD Relief / Marx Law Office , P O Box 82389, Lafayette, La. 70598. Note in the memo line whether you want the donee to know your name and city or be anonymous. At this point this effort is not associated with any organization, but I hope to enlist that kind of help. 100% goes to the donee. Once we get one funded we will find another. This is for personal, household damages only. Then start thinking of one other person who you can enlist in the 100 club for the next round.

Modern history suggests Hurricanes are a phenom of the South - not so at all. New England has them too. We have just come out of a down period and now that the cycle is up again, Wilma could be reminiscent of the LONG ISLAND EXPRESS which hit New York in 1938, although currently she may just graze by and head out to sea. The Hurricane Center sees a track along a cold front right up to the New England coastal waters by MONDAY!

To those who are on the LACDL list serve - please note I did not participate in any Ashton Kutcher type "punk" tricks on your list serve, although I must say any man who lies in the arms of Demi Moore is certainly my hero!

Wilma is set to hit Florida, a double cold front shielding the N Gulf Coast. La State Bar will be back in New Orleans soon according to a letter from the Bar Pres., which notes layoffs and losses of over $500,000 in the flood. The meeting referenced, according to our knowledge, did not include any legal aide or PD Associations. Mayor Nagin told a Congressional Committee yesterday to "please fix FEMA".

Don't call the Governor's Recovery Authority "Reconstruction". That is a pejorative term for Louisiana. Republicans are already calculating chances of beating Mary Landrieu in the next Senate election with a lighter New Orleans. Speculation is wild about how the new demographics will work out. Anderson Cooper was on CNN last night from the French Quarter, which is starting to look like its old self. National media is excited about Cafe Du Monde (no objection from me) and noting a new Latino flavor in the labor market.

Nice legal work in Baghdad: a continuance! Who would have thought Saddam would be in the dock and maybe some cataclysmic indictments this week in D.C..

"I have just been on the phone with Laurie White, Tilden Greenbaum, and Dwight Doskey about Orleans Court's plans to re-open on Tuesday October 25th. Tilden and Dwight are preparing to file motions to reduce bond and/or ROR for cases set in Orleans as well as motions ruling the state into court to state whether they do or do not have evidence in each case. If anyone is interested and able to assist Tilden and Dwight, please contact me." (Julie Kilborn 225.338.0235 225.338.1948 (fax) julie@brcco.org)

The Governor's Blue Ribbon group has no Crim Justice element to it. PDs will have to make their case to this group without internal support. Reports on displaced jail residents include some sent off to Florida for the Feds. In the 15th JDC one evacuee was arraigned yesterday on "unauthorized use of a moveable" and told the court New Orleans Police had given him the Escalade to get out of town. But warrants included scores of theft counts so allegations probably include looting. Now that GM is in trouble, and gas is $2.79, can they even give those away?

Weathermen are not comforting when they suggest Wilma is going east toward Florida, "but forecasts five days out are unreliable". Timimg of cold fronts will actually be the determining factor.

Good advice for Criminal Defense Lawyers: "We are all on the same side, whether quarter-back, coach, fan, cheerleader or water-supplier." (Laurie White)

WILMA is the last name on the Hurricane list and is now a Tropical Storm. The probability bubble does not look good, but forecasters suspect blocking high pressure to cover the US - tentatively speaking. Ties 2005 with 1933 for 21 named Atlantic Tropical Storms. Breaks early season records.

THIRD CIRCUIT is open today only for limited purposes "for accepting filings, but not acting upon them, and emergency matters". (Order 10 /14) FIRST CIRCUIT remains closed under previous orders to October 25th. Gov Blanco holds a news conference at 9:00am today.

PERSONAL: A somewhat disconcerting reference in an e mail to my morbid obesity and my easy chair.

But REALLY scary, Depression 24, in today's NOAA Tropical discussion as it moves toward the Gulf :

"THE GFDL MODEL BRINGS THE DEPRESSION TO MAJOR HURRICANE STATUS WITHIN THREE DAYS. . . . . GLOBAL MODELS GRADUALLY ERODE THE AREA OF HIGH PRESSURE OVER THE GULF AS THE MID- TO UPPER-LEVEL LOW CURRENTLY OVER SOUTHERN CALIFORNIA PROGRESSES EASTWARD. MODEL GUIDANCE IS IN REASONABLE AGREEMENT ON AN EVENTUAL TURN TO THE NORTHWEST AND THEN NORTH AS THE RIDGE ERODES LATE IN THE FORECAST PERIOD"

katrinA, ritA, wilmA? The last name in the regular list may be taken up this weekend. Forecast track looks just like the original Katrina early today.

Turns out Orleans laid off most of its lawyers this week. Seems the anticipated LIDAB emergency funding wasn't used to keep lawyers on the payroll.

Jefferson and the North Shore seem to be almost back in operation. St. Bernard was holding court too. The LA Times reports the La Supreme Court has turned down an effort to appoint a special master (can't seem to link it up b/c of their particular web). Judge Johnson will hold a hearing in Baton Rouge Tuesday on the lack of any system to adjudicate for pre-charged inmates. All this is totally unprecedented in Crim Justice. Is it a good thing that Louisiana will end up making new law?

The American Ideal of Justice includes the energy and zeal of a private bar, not a bureau of legal rights. In the current crisis the independent lawyer has pushed back on a system slogging through the mud. DOC actually suggests it needs time to release innocent people because there must be a plan for their destination. (Sound FEMILIAR?) The Times Picayune reports today:

"Gyntrella Gettridge was booked into Orleans Parish Prison with criminal trespass, accused of sleeping near a ferry, six days before Hurricane Katrina hit the city. Gettridge, 31, wound up being evacuated to Angola, where she lived for three weeks before U.S. District Judge Jay Zainey ordered her and 59 others released on Sept. 22."

"Gettridge and 59 others named in the civil action have been freed, while attorney Nick Trenticosta works on the cases of the remaining 34 women locked up. The 94 were all misdemeanor cases, Trenticosta said, and scores of them were awaiting release when the hurricane hit."

"We had one person who was reading tarot cards without a license," Trenticosta said. "Whoever is holding them in custody can find out their release date and release them. That didn't happen."

Attorney Rick Teissier filed a motion in state court in an effort to have 14 inmates awaiting trial when the hurricane struck released immediately. The 14 defendants include Glenwood Brown, 54, booked with aggravated battery; Stanford Beasley, 51, who is accused of dealing cocaine and marijuana, and Tyrone Fisher, 39, booked with public drunkenness and violating parole.

While all 14 have been locked up for more than 45 days, none has been formally charged with any crime, Teissier said in his motion, filed Friday in Baton Rouge, where some aspects of Orleans Parish Criminal District Court have temporarily relocated.

This is the work of independent attorneys, just like Phyllis Mann, whose compilation of the status for these people, in cooperation with Public Defenders, LIDAB, and other lawyers reads like a tracking list for relocation camps of the 1940s. This is the life blood of a thriving, independent, aggressive justice system. It cannot be replicated by a bureau in which state employees are supposed to attack their employer and need the ability to publicly browbeat them as Nick does here. An actual list of inmates, status, time in from the Mann Project is at LIDAB's web. See if you think 30 days on a misdemeanor from August should extend to October!

Rather than the basis for complaining about the PD structure, these examples in fact support more diffuse, independent and liberated counsel than the typical State Board offers. Only the most funded kind of PD program could expect to provide this kind of creative litigation. The PD's, battered by the disaster, are trying to keep their routine work up, and it is widely agreed that even in the best of times they are not sufficiently funded to do it. To claim now that this disaster indicts the structure is specious.

Sometimes the private bar too can be what LaPDA refers to as "Trustees of Freedom". The insistence across the country on Statewide, Full Time Defender Bureaus is crushing this fundamental American trapping of Due Process. Fortunately not here, not yet.

Public Defenders have freed some too, but the private bar component is critical to an energetic defense, particularly in the kinds of disasters that have hit us here in Louisiana.

The November 6th Special Session may turn out to be a slashing frenzy as the State is looking at over 1.5 Billion dollars in shortages and the Morning Advocate reports 18,000 jobs may be cut. One more fact rebutting the fantasy that somehow a central state agency would be better.

Best site for scores of photos of New Orleans and other hurricane news, including court underway in the Amtrak at NOLA.COM.

NBC News ran a story on the effort get N. O. a Criminal Court, Laurie White really did an excellent job and Eddie Jordan was weak in explaining any plan or program for getting back to work. The point is the people who remain trapped in this broken system should be the focus, and there should be some effort to address those victims.

After 9/11 there was a lot of rancorous debate about who did what, which agency was most heroic, etc., to the point of violent clashes between police and firemen. The criminal bar is already starting with the same kind of crap about who's doing what and who's being slighted and who's efforts are belittled. Ridiculous. Just about every segment of the bar has made an effort to help, from the national clubs on down. Its just too damn big for anybody to be happy about it and nobody has time right now to pat people on the head and say "its all OK" because its just not OK at all.

Courts across Louisiana are totally suspending legal proceedings under a bizarre interpretation of Executive Orders suspending certain legal deadlines. Lafayette City Court is continuing debt collection trials, and some courts are refusing to proceed with evictions and other relief. No reports of stopping criminal trials, but one should follow the other. Rumor has it this is based on an AG Opinion.

ABA Publishing is offering a number of disaster handbooks for lawyers free of charge.

"I feel like a giant in a land of pygmies" - Senator David Vitter, R, Metairie. Vitter was at a meeting in Lafayette urging local government to accept the loans for disaster relief and joked he would sign a recall of Governor Blanco, D, Lafayette.

Meanwhile the Vulcans' project Iraq rolls on, and nobody expects the 80 billion a year to be termed a loan.

The Washington Post slams the La delegation for trying to cash in with bloated funding requests. Wait, isn't this where you can get a bridge to an Alaskan Island? Were we born yesterday? Really, there is some question whether Lafayette really needs 10 BILLION DOLLARS for roads and Baton Rouge 8 BILLION, and some of the $ requests seem a bit overboard. But we're great hagglers, and we know if we start low, we'll end up short, so hopefully the rest of the country will give us a "reasonable settlement"! Anyway, we're poor, so why not give us a boost? W seems to be on board with it!

Boaters say the salvage thing in N. O. has been typical, with the powers that be trying to grant a monopoly to one company, and threats of suits leading to openings for others. Thousands of boats were lost and are now salvage. An anonymous contributor suggests Louisiana take all the boats and motor vehicles, clean 'em up and sell 'em on EBAY - "that could raise some money". A few news items indicate tourism is building around the incredible destruction- maybe we don't need to clean it up!

The Crim Justice system is gradually amping up, although the N.O. cops next court date is FEBRUARY! And NBC reported last night that one of the guys in on the beating was FBI, drawing some attention from D.C.

Weak piece assessing Gov Blanco from NBC, but pretty widely accepted as the story down here. Big question is whether she can recover along with the State. But you can't go after W under the circumstances. At least she hired Witt to take over, but there hasn't been much PR from her since Katrina.

A NY Times report today on the changing political picture. Dedicated to those who had fondly hoped to see change in something other than the flood plain. Sorry.

The Mermentau River is a small one in SW La. During the N.O. Flood, according to the La. Attorney General, the little Acadia Parish Village of the same name on the Mermentau Bank sent its Chief of Police and one officer to help, but instead they sacked Saks in the New Orleans Center. Some reports tag the losses at the Department Store in the millions: it had several stories above the flooding.

The Mermentau police chief and an officer in his department are accused of stealing T-shirts, sunglasses and suede sports coats from New Orleans stores after they came to help police in the city, the state attorney general said Monday. Bond was set at $35,000 each for Police Chief Jeremy Joseph LeBlanc and Officer Hollins Burt Trahan, each of whom was booked in New Orleans with malfeasance and two counts each of looting and felony theft, Attorney General Charles C. Foti Jr. said in a news release. While in uniform, the two took suede and leather sports coats and a box of Ray Ban sunglasses from Saks Fifth Avenue and 23 T-shirts from the Jean Lafitte Gift Shop on Bourbon Street, according to the allegations

Among the debunked claims in recent flooding, now one study suggests "toxic mold". Residents returning from flooded areas report the sludge is two or three feet deep and they can't recovery much of anything. On family went back only to retrieve two pieces of jewelry.

Reuters: "About 400 people have been arrested in New Orleans since the police department set up a makeshift jail at the city's Amtrak station in the days after Katrina flooded the city. Roughly half of those arrests were for felony crimes like looting and burglary, and the rate has increased as more residents have been allowed to come back."

CBS aired a story today showing Orleans Police beating a drunk. Nice tourist promo.

Atlantic-Hurricane VINCE is heading to Portugal. . . . Depression 22 seems to be aimed at the US East Coast.

In a disaster, we instinctively begin by assessing our situation. In the great FEMA FLOOD of 2005 folks on their rooftops and even at the Convention Center had no idea of the breadth and depth of the disaster. Neither did Brownie. We always know more about where we are, and we naturally think of that as most important. But in this huge tragedy, we're reduced to the status of an anthill.

Since Katrina, as you know, I have spent a sum total of 2 days interviewing evacuated inmates at two area facilities and I am suddenly very ashamed by the paucity of my assistance with this - your - effort in providing aid and comfort to the thousands (THOUSANDS) of trapped and truly helpless evacuees. I am reminded of one such evacuee who at the time of my interview had already served 43 days longer than his previously imposed misdemeanor sentence and when I tried to express some measure of apology and regret for a system that had totally failed in every respect, simply replied - "It's OK, I appreciate you guy's help. I didn't think anybody gave a shit." Well you gave a shit, Phyllis. They, and all of us, will forever owe am unrepayable debt to you and those others who have unselfishly cast aside their own lives and livliehoods in an effort to remedy one of the truly great wrongs of this catastrophic event. Thanks for keeping your head in the game.

Numerous other volunteers, including DOC employees, Public Defenders, Lawyers, Law Students and others spent a great deal of time tracking 8,500 evacuees who happened to be in Orleans Parish Prison when the levee broke. Keith Nordyke (Baton Rouge), Bob Noel (Monroe), Chris St. Julien (Lafayette), Julie Kilborn (Baton Rouge) and countless others across the State engaged in the joint effort, which is highlighted throughout this web log. In fact, it was one of those "good stories" amidst these tragic times.

A drive to Baton Rouge establishes that the disaster is ongoing. Gridlock doubles travel time. A stream of 18 wheelers and other vehicles heading East to New Orleans and elsewhere, bumper to bumper. Driving around Gonzales you get the first hint of wind damage. But in Baton Rouge things are not right. The drive from Lafayette to Gonzales should be just over an hour, but its over 2 and a half. On NBC Friday night the Redfish Grill on Bourbon is looking for cooks and some hourly workers get $10. Hispanics are heading into the city for work. We pass a pickup truck loaded down with Mexican men heading East. Now there's a change in the character of a city. Maybe instead of the Saints going to San Antonio, San Antonio will end up moving to New Orleans.

On the North side of Lafayette, army men with M-16s over their shoulder assemble behind the Northgate Mall, shipping supplies, and now tasked to pick up plant waste at the curb. Lake Charles is still powerless, but the 2nd Circuit in Shreveport wants to keep its deadlines and counsel in appeals is expected to file a motion for extension. How can you file a motion if you don't get mail, have no power, and are evacuated to Fort Worth?

Hurricane Session One is November 6th. Greenlee is working to put an emergency funding request together and expects a Section 38 exemption for Constitutionally mandated spending.

The Louisiana Supreme Court issued an order allowing judges in Louisiana trial and appellate courts to lift or shorten the legal deadlines suspension outlined in Gov. Kathleen Blanco’s executive orders KBB 2005-32 and KBB 2005-48 . The order outlines specific procedures for judges, as well as offers a means for private parties to request shortening or lifting the suspension. For the full court order, go to: http://www.lsba.org/home1/SC3886_001.pdf

The urgency has faded in the "rescuers" and little is happening to help the Crim Justice system. PDs are working with Judges and DA's to get things going again and the only concrete assistance has come from Greenlee on behalf of LIDAB, and that's all that has kept things from grinding to a halt on the defense side. Individual aid has been offered by national groups but its not clear how many have tapped that source, nor is it clear that $1,500 grants will be of major impact. Ad hoc solutions seem to be working in most places.

Lafayette papers had a story this week of an armed robber who was a Cajundome evacuee. He was arrested in Opelousas, just north of Lafayette after shooting at a policeman during a pursuit related to an armed robbery of an auto parts store.

Gasoline consumption is down in the US. Eyewitness reports indicate literally thousands of cars and trucks are gone in the flood. How much fuel did an urban center like N. O. use?

The special legislative session has been postponed. Louisiana is literally going broke. There are more than 7 weeks left in Hurricane Season.

Bruce Whittaker reports - "Bond hearings have been last four Weds at Hunt for Orleans and a few St. Bernard and Plaquemine clients. Derrek Honore of the OIDP has assisted. Private counsel have appeared on particular cases. Judge Bigelow has presided on most occasions; Judge Hansen presided last Wednesday. Judge Sanborn of St. Bernard was present the second and third Weds . . . . . Bigelow has been allowed to handle some non-NO stuff by virtue of a special order from the Supreme Court. A new "court" was set up there with two sections represented - Sections A and B - Davis and Elloie - meeting with Joe Meyer of the OIDP and the DA's office to pre-try pending cases to figure out which ones can be wrapped up - due to delay in prosecution, spoiled evidence, de minimus offense, etc. . . . . the other sections will by two's do the same in the coming days. The Angola South at UPT should end this week as there is to be a court opened at House of Detention in New Orleans - starting Monday - or so is the plan. If so, the Hunt stuff will end."

This is where the PD work is done. The day to day, client to client, case by case. Its very different from the selective practice of the private criminal bar. The Orleans PDs generally lost all material possessions in the flood, but were back at work within hours. That's why we call them "Trustees of Freedom".

The 22nd was hit hard but problems for the PD there include the fact that the courts were up and running pretty quick, and despite a lack of funds, the PD was expected to be there for court. They had to track some inmates out of the parish and scuffle over procedures during the disaster. They offer compliments to Greenlee's LIDAB for being responsive and concerned.

US FIFTH CIRCUIT is located 515 Rusk Street, R 1217 Houston, TX 77002 - October 11th is deemed the first official "business day" in a recent order. US WESTERN DISTRICT has approached the disaster with a policy of each individual judge handling attorney problems arising as a result of the twins, with assurance they will be, pardon the phrase and limit its meaning, "liberal". Similar moves are apparent at the webs of each court. Attorneys are urged to check there

LA SUPREME COURT temporary address for filings until they reopen is La Supreme Court, P O Box 44129, Baton Rouge, 70804. The Court issued a memo to local judges asking unusual patience and including an admonition to waive dress code and other trappings when reasonable in the wake of the disasters.

The total cost to the State including lost revenue will be billions. Louisiana is essentially bankrupt. Hopefully W will come through.

Reports are the La Supreme Court was not actually damaged severely by Katrina, but in the midst of the disaster, without utilities or employees, the current reopening date is late October. The La. Fifth Circuit is planning to open today. The Third Circuit building reported minimal damage but because it also is without utilities or employees, remains closed. Under Louisiana Law closed courts create a "legal holiday" and automatically suspend deadlines. In Cameron, only the Courthouse remains.

The latest on jailhouse evacuations is the use of a temporary Jena, La. facility by DOC may have involved untrained and abusive guards. The NY Times quotes DOC officials as investigating reports of widespread abuse there.

Orleans Parish is holding more court sessions this week at Hunt (St. Gabriel) and worries have surfaced that some major cases will be dismissed because of the location of evidence in the basement. Water seems to flow downhill and most Louisiana buildings have no basement because of that.

In Lafayette, officials protested the use of armed National Guard troops by Shreveport last week when survivors were temporarily moved from Lafayette to Shreveport. The EO manager from there suggested that it was just normal security, and although armed with M16s, "they never pointed them at the evacuees"!

"Is there a God? Why is he waiting? Don't you think it odd, when he knows my address?" JOHN MAYER , from "New Deep"

WWL TV - NEW ORLEANS current running blog on storm news - eyewitness accounts and photographs along with a poorly done bulletin board for posting requests for people. Eerily reminiscent of 911.