Louisiana state seal Louisiana Ethics Administration Program
Home Charges Search EAB Decisions Search
Page 2 of 3 <br /> Ethics Docket 2011-1632 <br /> expenses for the 11`h/42"`' Judicial Indigent Defender Office from that fund including: supplies, <br /> attorney's salaries, expert witness fees, and everything else that is concerned with the operation of <br /> your office. Accordingly,you feel the utilities to operate the full-time indigent defender office is in <br /> the same category. <br /> Regarding the organizational structure of your office in relation to the Louisiana Public Defender <br /> Board,Mr.Harris stated that each district indigent defender office is a separate political subdivision. <br /> Mr. Harris also cited La. R.S. 15:147(A)which states, "the Louisiana Public Defender Board shall <br /> have all regulatory authority, control, supervision, and jurisdiction, including auditing and <br /> enforcement,and all power incidental or necessary to such regulatory authority,control,supervision, <br /> and jurisdiction over all aspects of the delivery of public defender services throughout the courts of <br /> the state of Louisiana." He also stated that while the majority of the powers regarding operation of <br /> each district defender's office now lies with the district defender, the Louisiana Public Defender <br /> Board does still have "regulatory authority" over each office, meaning they could come in and <br /> request files etc. or any other power given to them under R.S. 15:147(A). <br /> After speaking with you,you agreed with the statement made by Mr. Harris,and added that the 11th <br /> and the 42nd Judicial Indigent Defender Funds are two (2) separate political subdivisions which <br /> operate under a joint operating agreement as one region. You stated that you are autonomous with <br /> regard to delivery of public defense services and the day-to day operation of your office. You have <br /> signed a regulatory agreement with the La. Public Defender Board which [you and the Board] <br /> sometimes refer loosely as a"contract." However, you have been advised on numerous occasions <br /> that it is not, in fact, a contract and that you are not an employee, and in that agreement, it is <br /> specifically stated that you are an independent contractor with all that implies regarding decision- <br /> making in the day-to-day operations of your entity. In other words, and according to your <br /> understanding of our relationship, the Board sets policy, and is responsible for over-seeing that <br /> delivery of indigent defense services is of the kind and quality envisioned in the Act 307. However, <br /> your request for payment of these utilities is, in your opinion, not within the purview of the <br /> regulatory authority of the Board,in that this type decision that would be normally made in a context <br /> of employer-employee relationship. <br /> When Mr. Harris was asked if the district defender offices were given a fund or if the LA Public <br /> Defender Board pays the district defenders directly to pay the bills and utilities within your office, <br /> he cited La. R.S. 15:167 and 15:168. He stated that according to R.S. 15:168A. each public <br /> defender administers their own district public defender fund. which are generated by the methods <br /> set out in Section 168 (B) through (E). You and Mr. Harris both stated that funding for the <br /> I lth/42nd Indigent Defense Fund is locally derived, primarily from a special assessment of$35.00 <br /> from fines, as well as other sources or revenue, such as a percentage from bond forfeitures, <br />