Public defenders say the COVID shutdown hammered their budgets and are requesting 28 million dollars in state funds to fill the gaps and address a staffing shortage.
Meghan Garvey says she works with one defender who is currently managing 400 misdemeanor cases and another with about 170 felony cases.
“Once we reach a certain number of people on a caseload an individual attorney is bound ethically, constitutionally to say I cannot take any more people because once you have a certain number of people it is almost like not having a lawyer,” says Garvey.
The Louisiana Association of Criminal Defense Lawyers warns people could be released from jail if they don’t have enough lawyers to represent them in criminal cases.
The closure of courts has led to a lack of court fees being collected that fund a significant portion of public defender’s budgets. Garvey says they may not have the money to operate once courts reopen.
“We are the only entity in the criminal justice system, an essential constitutionally mandated entity, that is being asked to do so much with so little,” says Garvey.
Garvey says by failing to properly fund public defenders the state is failing to uphold its responsibility under the 6th amendment to provide zealous, competent counsel.
“This is not a luxury, this is not something extra, it is not lagniappe for anybody, it is constitutionally mandated and I cannot repeat that enough. It is essential to a functioning criminal justice system,” says Garvey.
Lawmakers largely agreed with the need for the additional funding but raised concerns about where the money could be found given the state’s finances.
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