Meetings
 
Agenda Item
Docket No. 18-1417
 
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RE:
Advisory opinion request by Barbara Baier, General Counsel for the Louisiana Public Defender Board, regarding whether an attorney working as an independent contractor with a Public Defender's Office in any given judicial district court throughout Louisiana is required to complete a minimum of one hour of ethics training annually pursuant to R.S. 42:1170A(3)(a)(i).
Facts:
Each public defender's office may contract with local attorneys to represent indigent defendants on a full-time or part-time basis. These contract attorneys are independent contractors and generally have a private practice.
Comments:
The online ethics training provides attorneys who complete the hour training with a Continuing Legal Education general credit. This credit can be applied towards an attorney's yearly requirement to complete a certain amount of Continuing Legal Education hours.
Law:
La. Const. Art. 1 13 provides that when any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right to remain silent, his right against self incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel. At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment. The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents.

La. R.S. 15:141 et seq. created a Public Defender Board which is authorized to regulate public defender services. It defines "public defender" or "indigent defender" as an attorney employed by or under contract with the board, the district public defender, regional director, where applicable, or nonprofit organization contracting with the board, district public defender, regional director, where applicable, or the board to provide legal counsel to an indigent person in a criminal proceeding. This right to counsel attaches under the United States and Louisiana Constitutions.

La. R.S. 15:146A(2) specifically states relative to the Public Defender Board that "the board and its agents and employees shall be subject to the Code of Governmental Ethics, the law relative to public records and open meetings, the law relative to public bid and procurement, and all other provisions of law applicable to state agencies.

La. R.S. 42:1170A(3)(a)(i) provides that commencing on January 1, 2012, each public servant who was not required to complete education and training pursuant to Paragraph (1) or (2) of this Subsection shall receive a minimum of one hour of education and training on the Code of Governmental Ethics during each year of his public employment or term of office, as the case may be.

La. R.S. 42:1102(18)(a)(iii) provides that a "public employee" means anyone, whether compensated or not who is engaged in the performance of a governmental function.
Recommendations:
Adopt the proposed opinion.
Assigned Attorney: Brett Robinson
 
 
ATTACHMENTS:
Description:
2018-1417 Proposed Opinion
2018-1417 Request for Opinion
2018-1417- Additional Info