The Movement towards Indigent Defense Reform: Louisiana and Other States
![handle is hein.journals/loyjpubil9 and id is 129 raw text is: THE MOVEMENT TOWARDS INDIGENT
DEFENSE REFORM: LOUISIANA AND OTHER
STATES
Norman Lefstein*
Louisiana's new public defender statute enacted in 2007 is an
important step forward in the state's effort to improve its representation of
indigent persons unable to afford legal representation in criminal and
juvenile proceedings.' This article addresses the extent to which the
legislation is within the mainstream of indigent defense reform in the
United States and also discusses whether Louisiana's funding to implement
its changes is likely to be adequate. Additionally, several provisions of
Louisiana's new statute that may impede improvements in the state's
indigent defense services are examined.
STATE PUBLIC DEFENDER LEGISLATION
Prior to 2000, twenty-eight states enacted legislation that established
some typ e of statewide entity with responsibility for indigent defense
services. In only five states, however, was the legislation enacted in the
1990s.3 Most of the states that passed defense legislation did so in the
4 5
1980s or 1970s. One state - Colorado- enacted its statute in 1969.
* Professor of Law and Dean Emeritus, Indiana University School of Law-Indianapolis. LL.B.
1961, University of Illinois College of Law; LL.M. 1964, Georgetown University Law Center. I
am indebted to Ryan Famer, a 2007 graduate of the Indiana University School of Law -
Indianapolis, for his research assistance which greatly facilitated completion of this article.
1. Louisiana Public Defender Act, LA. REV. STAT. ANN. §§ 15:141-15:184 (2007). For
studies and reports detailing the numerous problems with indigent defense in Louisiana, see the
website of The Louisiana Justice Coalition at http://www.lajusticecoalition.org/reports+resources/
studies/ (last visited July 28, 2008).
2. The Spangenberg Group, State Indigent Defense Commissions 3 (2006), http://www.abane
t.org/legalservices/sclaid/defender/downloads/state-indigentdefense-feb07.pdf (last visited July
28, 2008)[hereinafter Defense Commissions]. When reviewing the chart at page seven of this
document, it is important to note that two states passed new legislation after the chart was
compiled. South Carolina passed a new public defender law in 2005 and Louisiana did so in
2007. For citations to these statutes, see supra note 1 and infra note 18.
3. Id. The states were Arkansas, Louisiana, Nebraska, Oklahoma, and South Carolina.
4. Id. The states were Alaska, Connecticut, Hawaii, Indiana, Iowa, Kansas, Kentucky,](ViewImageLocal?handle=hein.journals/loyjpubil9&div=11&collection=&method=preview&ext=.png&size=3)
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The Movement towards Indigent Defense Reform: Louisiana and Other States
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