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89 Tul. L. Rev. 491 (2014-2015)

handle is hein.journals/tulr89 and id is 519 raw text is: COMMENTS Rethinking Indigent Defense in Louisiana: How Speedy Trial Claims Can Actualize the Constitutional Right to Counsel Funded by the States Austin N. Priddy* Louisiana has continually oppressed the constitutional fights of inhgent criminal defendants by inadequately funding their defense. Despite the states efforts to address the funding problem, the reality today is that in&gent defendants in Louisiana ofen do not receive the assistance of effective counsel because counsel is underfunded. While Louisiana courts have acknowledged that the, states failure to provide adequate funding results in inadequate representation and unnecessary pretrial detention, the courts have declined to hold Louisiana accountable for the funding shortfall in a way that might bring about meaningfiu change within the system. Recently, the United States Supreme Court had an opportunity to consider the problem in the 2013 case ofBoyer v. Louisiana. 77is Comment explores the Supreme Court's decision in Boyer and uses it as a catalyst for discussion ofLouisiana & historical failure to fund the indigent defense system. Although the state continues to provide inadequate funding for inchgent defendants, Boyer suggests an appropriate remedy to the funding crisis.- judicial enforcement of the speedy trial remedy I. INTRODUCTION ............................................................................. 492 II. THE RIGHTS AND REALITIES OF COUNSEL FOR INDIGENT DEFENDANTS IN LOUISIANA ........................................................ 494 A. The Federal and State Constitutional Rights to C ounsel ............................................................................... 494 B. The Realities of fndigent Defense Funding in L ouisiana ............................................................................. 496 C Todays Funding Crisis ....................................................... 501 1. The Traffic Ticket Problem ....................................... 501 2. The Funding Crisis and Ineffective Counsel ............ 503 III. LOUISIANA'S FAILURETO FUND INDIGENT DEFENSE IN ACTION: THE CASE OF BOYER .................................................... 505 A. Factual andProceduralHistory ......................................... 507 * © 2014 Austin N. Priddy. J.D. candidate 2015, Tulane University Law School; B.A. 2011, The Ohio State University. I would like to thank Professor Jancy Hoeffel for her invaluable insight and comments, Richard Bourke for his input during the interview process, and the members of Tulane Law Review for their hard work. This Comment is dedicated to my parents, Brian and Hara Priddy. Thank you both for working so hard to provide me with so many opportunities in life.

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