University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name State v. Peart PD-LA-0003
Docket / Court No. 346-331 ( State Court )
State/Territory Louisiana
Case Type(s) Indigent Defense
Case Summary
In 1992, Defendant was charged with various criminal offenses and brought a suit in the Criminal District Court, Parish of Orleans, pursuant to state law, for relief to provide constitutionally mandated protections and support. Defendant argues that the public defender system is overburdened adn ... read more >
In 1992, Defendant was charged with various criminal offenses and brought a suit in the Criminal District Court, Parish of Orleans, pursuant to state law, for relief to provide constitutionally mandated protections and support. Defendant argues that the public defender system is overburdened adn that each attorney cannot effectively represent each client. Defendant was represented by private firms. The court (Johnson, J.) ordered the case loads of counsel for indigent defendants reduced, as well as ordering the legislature to provide funds for additional facilities, attorneys, and staff.

The state appealed and submitted an application of a writ of certiorari to the Louisiana Supreme Court which granted the application. On July 2, 1993 the Louisiana Supreme Court (Calogero, J.) held that (1) the constitutional requirement that legislature provide uniform system for securing and compensating qualified counsel for indigents was not a right that an individual defendant was entitled to enforce; (2) statutes requiring political subdivisions to fund public defenders did not unconstitutionally burden state's political subdivisions; (3) indigent defendants in section E of Orleans Parish Criminal District Court generally were not provided with effective assistance of counsel; and (4) rebuttable presumption existed that indigents in that section of criminal district court did not receive effective assistance of counsel. The court reversed the Trial Court's order to the legislature to provide additional funding. The case was remanded to the Trial Court for determination on what relief should be granted. On September 2, 1993 rehearing was denied.

Dayna Frenkel - 02/25/2009


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Crowding
Crowding / caseload
General
Quality of representation
Plaintiff Type
Private Plaintiff
Causes of Action State law
Defendant(s) State of Louisiana
Plaintiff Description Criminal defendant trying to enforce his right to a legislative requirement to a uniform system of securing and compensating qualified counsel for indigent defendants after asserting he was receiving inadequate assisstance.
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration not on record
Case Closing Year 1993
Case Ongoing No
Additional Resources
click to show/hide detail
Case Studies Indigent Defense Reform: The Role of Systemic Litigation in Operationalizing the Gideon Right to Counsel
Written: May. 07, 2007
By: Vidhya K. Reddy (Washington University in St. Louis)
[ Detail ] [ PDF ]

  Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel.
Written: Apr. 14, 2009
By: National Right to Counsel Committee (The Constitution Project)
Citation: National Right to Counsel Committee, Justice Denied: America's Continuing Neglect of Our Constitutional Right to Counsel (2009)
[ Detail ] [ PDF ] [ External Link ]

  Securing Reasonable Caseloads: Ethics and Law in Public Defense
By: Norman Lefstein (Indiana University--Indianapolis)
Citation: (ABA 2011)
[ Detail ] [ External Link ]

  The Third Generation of Indigent Defense Litigation
New York University Review of Law and Social Change
By: Cara Drinan (Columbus School of Law, Catholic University)
Citation: 33 N.Y.U. Rev. L. & Soc. Change 427 (2009)
[ Detail ] [ External Link ]

Docket(s)
No docket sheet currently in the collection
General Documents
State Supreme Court Opinion 04/20/1992 (597 So.2d 1014)
PD-LA-0003-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion 07/02/1993 (621 So.2d 780)
PD-LA-0003-0002.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Calogero, Pascal F. (State Supreme Court)
PD-LA-0003-0002
Dennis, James L. (Fifth Circuit)
PD-LA-0003-0002
Lemmon, Mary Ann Vial (E.D. La.)
PD-LA-0003-0002
Monitors/Masters None on record
Plaintiff's Lawyers Connick, Harry F. (Louisiana)
PD-LA-0003-0002
Dalia, David A. (Louisiana)
PD-LA-0003-0002
Hymel, L. J. Jr. (Louisiana)
PD-LA-0003-0002
Ieyoub, Richard P. (Louisiana)
PD-LA-0003-0002
Pebbles, Jack (Louisiana)
PD-LA-0003-0002
Rutledge, Barbara B. (Louisiana)
PD-LA-0003-0002
Yelverton, Jack (Louisiana)
PD-LA-0003-0002
Defendant's Lawyers Doskey, Dwight M. (Louisiana)
PD-LA-0003-0002
Holdridge, John (Louisiana)
PD-LA-0003-0002
Hyatt, Donald A. (Louisiana)
PD-LA-0003-0002
Teissier, Richard C. (Louisiana)
PD-LA-0003-0002
Other Lawyers None on record

- click to show/hide ALL -

new search
page permalink

- top of page -