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Program B: Louisiana Indigent Defense Assistance Board

Program Authorization: R.S. 15.151 et seq.

PROGRAM DESCRIPTION

The mission of the Louisiana Indigent Defense Assistance Board is to coordinate and improve the public defender system through education, specialized training, technical assistance, sound financial and administrative guidelines, case assistance and managed resource allocation.

The goals of the Louisiana Indigent Defense Assistance Board are:

  1. Standardize workload and attorney support units on a statewide basis.
  2. Provide quality legal representation in appellate practice by delivering well analyzed and argued appellate briefs and cogent, effective oral arguments on behalf of individual clients.
  3. Provide trained, certified, effective counsel to indigent clients charged with a capital crime, appealing a capital conviction and pursuing post-conviction relief.
  4. Improve the administrative oversight of attorneys and support staff employed to provide defense services to the program’s clients.

The Louisiana Indigent Defender Board, an interim Board , was established by Supreme Court Rule XXXI upon the recommendation of an inter-branch task force composed of members from the legislative, executive and judicial branches. The Board, which was created under the judicial branch of state government, is composed of no less than seven and no more than 15 persons, appointed by the Chief Justice with concurrence of a majority of the Associate Justices. In addition to the necessary and usual powers of the board, the Supreme Court Rule charges the Board with certain responsibilities toward improving the administration of criminal justice in the arena of indigent defense. The Board had a sunset provision of December 31, 1997.

On January 1, 1998, R.S. 15:151 et seq. went into affect, establishing and empowering the Louisiana Indigent Defense Assistance Board (LIDAB), an independent agency of the Executive Branch. Act 19 of the 1998 Regular Legislative Session (General Appropriations Bill) transferred LIDAB to the Executive Office of the Governor as a separate program. The newly created board possesses the powers and duties of its previous board with added rule making authority. In addition , the power to appoint members was transferred to the governor (3 members and designate chairman) , the president of the Senate (3 members), the speaker of the House of Representatives (3 members) and one voting member is appointed by each of the following: the Louisiana Association of Criminal Defense Lawyers, the Louisiana Public Defenders Association, and the Louisiana Trial Lawyers Association.

The Louisiana Indigent Defense Assistance Board consists of the following activities: District Assistance Fund, Appellate Cases, Capital Cases and Ancillary Services.

 

 

OBJECTIVES AND PERFORMANCE INDICATORS

Unless otherwise indicated, all objectives are to be accomplished during or by the end of FY 1999-2000. Performance indicators are made up of two parts: name and value. The indicator name describes what is being measured. The indicator value is the numeric value or level achieved within a given measurement period. For budgeting purposes, performance indicator values are shown for the prior fiscal year, the current fiscal year, and alternative funding scenarios (continuation budget level and Executive Budget recommendation level) for the ensuing fiscal year (the fiscal year of the budget document).

 

 

RESOURCE ALLOCATION FOR THE PROGRAM

SOURCE OF FUNDING

This program is funded with State General Fund.

 

ANALYSIS OF RECOMMENDATION

GENERAL FUND

TOTAL

T.O.

DESCRIPTION

 

 

 

 

 

$7,500,000

$7,500,000

5

 

ACT 19 FISCAL YEAR 1998-1999

 

 

 

 

 

 

 

 

 

BA-7 TRANSACTIONS:

$0

$0

0

None

 

 

 

 

$7,500,000

$7,500,000

5

 

EXISTING OPERATING BUDGET – November 20, 1998

 

 

 

 

 

 $10,728

 $10,728

 0

 

Unclassified State Employees Merit Increases for FY 1999-2000 

$15,750

$15,750

0

 

Acquisitions and Major Repairs

($24,250)

($24,250)

0

 

Nonrecurring Acquisitions and Major Repairs

 $8,500

 $8,500

 0

 

Other Adjustments – Increase travel expenses due to attorney/client visitations

 

 

 

 

 

$7,510,728

$7,510,728

5

 

TOTAL RECOMMENDED

 

 

 

 

 

$10,728

$10,728

0

 

DIFFERENCE (TOTAL RECOMMENDED AND EXISTING OPERATING BUDGET)

The total means of financing for this program is recommended at 100% of the existing operating budget. It represents 70.3% of total request ($10,658,977) for this program. Significant changes include a reduction in acquisitions and major repairs funding and an increase in travel expenses.

PROFESSIONAL SERVICES

$10,000

 

Computer Network Analyst

$10,000

 

Legal contract services

$1,000

 

Engineering and architectural services

 

 

 

$21,000

 

TOTAL PROFESSIONAL SERVICES

OTHER CHARGES

$7,091,248

Inclusive of activities, such as District Assistance Fund ($3,000,000), Felony Appellate ($1,093,836), Capital Appellate ($101,357), Capital Conflicts ($424,590), Ancillary Services activities ($102,215), Capital Trial Program ($2,050,000), Capital Post Conviction Program ($149,500), Capital Consultation Program ($59,500), and Technical Assistance Program ($110,250).

 

 

 

$7,091,248

 

TOTAL OTHER CHARGES

ACQUISITIONS AND MAJOR REPAIRS

$15,750

 

Replacement of office equipment

 

 

 

$15,750

 

TOTAL ACQUISITIONS AND MAJOR REPAIRS


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