Filed Date: 1992
Closed Date: 1993
Clearinghouse coding complete
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.
Summary Authors
Dayna Frenkel (2/25/2009)
Calogero, Pascal F. (Louisiana)
Dennis, James L. (Louisiana)
Doskey, Dwight M. (Louisiana)
Connick, Harry F. (Louisiana)
Dalia, David A. (Louisiana)
Calogero, Pascal F. (Louisiana)
Dennis, James L. (Louisiana)
Lemmon, Mary Ann Vial (Louisiana)
Last updated Aug. 30, 2023, 1:34 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Louisiana
Case Type(s):
Key Dates
Filing Date: 1992
Closing Date: 1993
Case Ongoing: No
Plaintiffs
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.
Plaintiff Type(s):
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Case Details
Causes of Action:
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions: