A class action status was sought on Thursday, May 4th, in a lawsuit filed in February against Governor John Bel Edwards and the state's Public Defender Board by civil rights advocates hoping to force a rebuild of Louisiana's indigent defense system.  The underlying lawsuit was filed February 6th by attorneys from the Southern Poverty Law Center (SPLC), the Lawyers' Committee for Civil Rights Under Law, and lawyers from the law firms Jones Walker of New Orleans and Davis, Polk & Wardell.  The subsequent motion was filed in the Judicial District in East Baton Rouge. The motion for class certification in the case argues that Louisiana has allowed the system to fail due to inadequate staffing, overworked employees and funding systems that simply don’t work. Supporters said if the class action request is certified, the ruling would affect approximately 20,000 indigent defendants in the state, making it the largest defense case of its kind thus far.  

Image Courtesy of Kantrowitz, Goldhamer & Graifman, PC

The plaintiffs claim current shortcomings in the state's public defense system that require immediate attention include staffing public defenders who do not provide timely and confidential communications with their clients and often do not investigate the facts, making it impossible for them to make an informed decision in a client’s case.  The defenders almost never have the funds or ability to summon expert witnesses, and very few of the state's public defense districts use social workers."We simply don't have the time" to provide clients with the defense they deserve, said Orleans Public Defender's Office staff attorney Brandi McNeil.  The lawsuit asks a state court to declare Louisiana's public defenders system 'significantly compromised' and appoint a monitor to ensure the necessary changes are made.  

Sources:

Class-action status sought for Louisiana indigent defense lawsuitNew indigent defense lawsuit targets Gov. Edwards, state public defenders board