ABOUT CRIMINAL DEFENSE ATTORNEYS APPOINTED:

WHO ARE PUBLIC DEFENDERS?

WHO CAN GET AN APPOINTED LAWYER?

WHEN AND HOW OFTEN WILL A CLIENT SEE THE LAWYER?

WHAT DOES A LAWYER DO FOR A CRIMINAL CLIENT?

WHO SETS BAIL?

WHAT KIND OF PEOPLE ARE PUBLIC DEFENDERS?

WHO ARE 'PUBLIC DEFENDERS'

The legal system of the United States provides that one of the basic human rights is to a Fair Trial, with a lawyer. Many years ago a man in jail, who had no money, applied to the United States Supreme Court asserting that without a lawyer, he couldn't get a fair trial. The Court agreed, and interpreted the Constitution to provide that a person cannot go to Jail without advice of counsel. (Gideon vs. Wainwright) In Louisiana, the law provides that in each Judicial District an "Indigent Defender Fund" (R.S. 15:141 and following) shall determine the method of providing lawyers to those without funds.

In 2007 Louisiana added a State Public Defender Board, with a State Staff which provides supervision to the local office and support in the form of funding and other resources. The State Public Defender helps by adding regulations and training to the Louisiana Public Defenders in the Criminal Justice System.

Public Defenders are the lawyers who are appointed to handle this legal work. In some Districts they are lawyers who work full time for the Indigent Defender Fund or a special program such as The Appellate Project or the Louisiana Crisis Assistance Center.  In some programs or offices lawyers include private lawyers who have a contract to provide some legal services to people who cannot afford a lawyer.

WHO CAN GET AN APPOINTED LAWYER?

In any case involving criminal charges where there is likely to be a jail sentence, a person has the right to counsel of their choice.  This means you can always hire the lawyer you like or want, if you can afford to.  If a person facing criminal charges cannot afford to hire a lawyer, the Court must appoint an attorney because the Constitution gives everyone facing criminal charges the "Right to Counsel

There are no precise numbers on what income level entitles one to appointed counsel. Sometimes a case is so serious that a working person can't afford to hire their own lawyer. But the specific rule is simply that where a person cannot afford a lawyer, one MUST be appointed. It is up to the Judge of the Court in which the case is filed to determine whether a lawyer should be appointed. In some Districts this function is referred to the Public Defender Office itself.

WHEN AND HOW OFTEN WILL A PD CLIENT SEE A LAWYER

This varies in each District depending on the number of cases, the budget of the Public Defender Office, and when a person is arrested. The Public Defender has a duty to communicate with clients just as any other lawyer. Generally, a person should be seen within a few days of arrest. Many programs make contact immediately. If the client has problems with communication, the District Court Judge should be notified.

WHAT WILL A PUBLIC DEFENDER DO?

A Public Defender must act as any lawyer, and he has no less obligation than a paid attorney. He must investigate the case, advise the client on the law, and present any defense in Court. In over 90% of Criminal Cases, whether Public Defender or Private Counsel, the case is disposed of in a Plea Bargain. This is an agreement about what the client did wrong and what the penalty should be.

In Louisiana, if the case is punishable by more than 6 months in Jail, the client is entitled to a Jury Trial.

WHO SETS BAIL?

Unless a person is charged with First Degree Murder, the Court must set Bail, which is a security posted to insure the person will come back for Court. Several factors apply to bail, but usually a commercial BOND is purchased at 10% of the amount of Bail, and a Bondsman backs up the promise to come to Court. The Judge sets an amount that is thought will make the person come to Court.

In addition to commercial bail, property may be posted, or a "Personal Surety", in which a friend of the defendant promises to pay if the defendant doesn't show up. While property, cash bail, and property are returned after the case is processed, the 10% paid to Commercial Sureties (Bail Bondsman) is a premium paid for the surety and is not refunded.

WHAT KIND OF PEOPLE ARE PUBLIC DEFENDERS?

Public Defenders are Attorneys who have devoted their legal career in great part to helping individuals who don't have a lot of money and need guidance through the criminal court.  Some of them are the most experienced and qualified criminal defense attorneys in their jurisdictions.  They do not get paid fantastic amounts in this work, but they can navigate the system based on extensive experience, often over many years of practice. Some are public servants and others perform the public defender work as part of a private practice of law.  

WHAT IF I HAVE A COMPLAINT?

First, think about what your complaint is about.  If you are just not happy about the outcome of a case, you probably don't have a complaint about the lawyer so much as the law.  For example, if you think your case should not have resulted in a conviction, that doesn't necessarily mean there is a valid complaint about your lawyer.  About 97% of Criminal Cases result in some kind of conviction, so complaints have to be more than about whether your lawyer 'won the case'.

If there was a lack of communication or a professional failure under the rules that apply to your lawyer, the Louisiana Supreme Court has established the Office of Disciplinary Counsel, which will investigate claims of attorney dishonesty, fraud or negligence.  However, that office cannot change the result of your case, so don't file a complaint thinking it can result in a new result, such as a reduced sentence.  The Disciplinary Counsel will investigate and punish violations of the rules, but has no power to change the conviction.

If your compliant involves not being able to get an appointed lawyer in the first place, you should try to locate the Public Defender, or the Chief Judge in the District where the case in pending.  

After a case is underway, each District Defender Office in the State is required to have a complaint policy, which provides that you can make a written complaint to the head of the office.  Such complaints can relate to the legal services you are getting from the Public Defender.   

CLE CREDITS WERE SENT TO THE CONTINUING ED COMMITTEE ON NOVEMBER 14 - CHECK YOUR TRANSCRIPT ON LINE AS YOUR WRITTEN REPORT IS NOT GOING TO SHOW CRIM LIT SEMINAR CREDITS!!