A commitment to justice for all is the cornerstone of the American social contract
and our democratic system. We entrust our government with the administration
of a judicial system that guarantees equal justice before the law -- assuring
victims, the accused and the general public that resulting verdicts are fair,
correct, swift and final. In Gideon v. Wainwright, 372 U.S. 335 (1963), the
United States Supreme Court concluded that that the right to counsel for those
unable to afford one is a fundamental part of due process and determined that
state government is responsible for providing an appropriate public defense
system that honors this basic right. In accordance with its obligations under
Gideon, the 1974 Louisiana Constitution directs the legislature to “provide
for a uniform system for securing and compensating qualified counsel for indigents.”
In direct violation of the state and federal constitutions, Louisiana government
(both state and local) has constructed a disparate system that fosters systemic
ineffective assistance of counsel due primarily to inadequate funding and a
lack of independence from undue political interference. These two main systemic
deficiencies produce numerous ancillary problems including a lack of oversight,
training and supervision of those entrusted with the defense of the poor. When
combined with the crushing caseloads public defenders are forced to carry, these
factors prevent the state from securing justice for all, protecting the peace,
and promoting the general welfare of its people.
The evidence to support this conclusion is detailed in a new report, In Defense
of Public Access to Justice, researched and written by National Legal Aid &
Defender Association commissioned for the National Association of Criminal Defense
Lawyers (NACDL). In developing the standards-based assessment methodology employed
in this report, NLADA looked at the macro-level – i.e. the general problems
facing all Judicial Districts – as well as the specific problems manifested
at the micro-level in one judicial district (Avoyelles Parish). The report was
released Tuesday March 9, 2004 at a press conference in the Louisiana State
Capitol.
Click here for press information.
To read the report, download the files below:
Executive Summary
Executive Summary and Full Report
Appendices A-L
