Current through Register Vol. 50, No. 3, March 20, 2024
A. If the fiscal crisis or excessive
workload, or both, is/are expected to occur six or more months from the giving
or receiving of the notice specified in
§1707 and the district defender and board
staff are unable to agree upon any viable alternatives to restricting public
defense services with the district, the following steps shall be taken.
1. Within 90 days of receiving the district
defender's proposed service restriction plan, board staff shall conduct a
comprehensive site visit. the purpose of the comprehensive site visit is to
confirm that a restriction of services is necessary and to ensure that the
restriction of services is handled in a manner that minimizes the adverse
effects on the local criminal justice system, while avoiding assuming caseload
and/or workload levels that threaten quality representation of clients or run
counter to the Rules of Professional Conduct. In conducting comprehensive site
visits, board staff should perform any and all such actions that board staff
deems necessary, including, but not limited to, requesting and reviewing
documents, examining computers and computerized information, interviewing
district employees and independent contractors, and contacting other
stakeholders in the local criminal justice system. If the board staff
determines that services should be restricted in the district following
completion of the comprehensive site visit, the district defender and board
staff should consult with the chief judge and district attorney before
finalizing the service restriction plan.
B. If the fiscal crisis or excessive
workload, or both, is/are expected to occur less than six months from the
giving or receiving of the notice specified in
§1707 and the district defender and board
staff are unable to agree upon any viable alternatives to restricting public
defense services with the district, the following steps should be taken.
1. Within 45 days of receipt of the district
defender's proposed service restriction plan, board staff should conduct an
expedited site visit. The purpose of the expedited site visit is to confirm
that a restriction of services is necessary and to ensure that the restriction
of services is handled in a manner that minimizes the adverse effects on the
local criminal justice system, while avoiding assuming caseload and/or workload
levels that threaten quality representation of clients or run counter to the
Rules of Professional Conduct. In conducting expedited site visits, board staff
may perform any and all such actions the board staff deems necessary,
including, but not limited to, requesting and reviewing documents, examining
computers and computerized information, interviewing district employees and
independent contractors, and contacting other stakeholders in the local
criminal justice system. If the board staff determines that services should be
restricted in the district following completion of the expedited site visit,
the district defender and board staff should consult with the chief judge and
district attorney prior to finalizing the service restriction plan.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
15:148.
