红杏视频 Sues Over Public Defender Shortage and Resulting Wait List in New Orleans

Unstable, Inadequate Funding Causes Public Defender Shortage, Putting Those Who Are Arrested and Can鈥檛 Afford an Attorney in Legal Limbo

January 15, 2016 8:45 am

红杏视频 Affiliate
Media Contact
125 Broad Street
18th Floor
New York, NY 10004
United States

NEW ORLEANS 鈥 The 红杏视频 and the 红杏视频 of Louisiana filed a class-action lawsuit yesterday evening against the Orleans Parish public defenders鈥 office and the Louisiana Public Defender Board over the office鈥檚 placement of new clients on a waiting list for representation due to a shortage of public defenders. Like others who have been arrested in Orleans Parish, our plaintiffs Douglas Brown, Leroy Shaw Jr., and Darwin Yarls Jr. are on the list because they can鈥檛 afford a private attorney. Their lack of legal representation violates their Sixth Amendment rights.

鈥淪o long as you鈥檙e on the public defender waiting list in New Orleans, you鈥檙e helpless. Your legal defense erodes along with your constitutional rights,鈥 said Brandon Buskey, staff attorney with the 红杏视频鈥檚 Criminal Law Reform Project. 鈥淲ith every hour without an attorney, you may forever lose invaluable opportunities to build your defense. You also may be forced into a crippling choice between waiting months for counsel or doing bail and plea negotiations yourself. The damage to your case can be irreparable.鈥

The Orleans Parish public defender鈥檚 office created the waiting list because it is running out of money to pay its attorneys and fulfill its mission.

鈥淚n Orleans Parish, as in the rest of Louisiana, funding for public defenders is inherently unreliable and prone to crippling shortages,鈥 said Marjorie Esman, executive director of the 红杏视频 of Louisiana. 鈥淭o pay for public defense, the state relies on the fines and fees collected from the public for traffic tickets and other convictions 鈥 a system that makes public defenders dependent on excessive policing and draconian sentencing that work against the people they defend.鈥

At least three other parishes in Louisiana have waiting lists for public defenders.

鈥淏y relying on a 鈥榰ser-funded鈥 scheme to fund public defense, the state of Louisiana has put the Sixth Amendment in peril,鈥 said Buskey. 鈥淩epeated staff shortages, waiting lists, and other public defense crises have shown that conviction fees can鈥檛 provide steady or adequate funds to public defender offices. The state must meet its constitutional obligation to its people and invest in public defense.鈥

In addition to the 红杏视频 and the 红杏视频 of Louisiana, Anna Lellelid, William Quigley, and Emily Faye Ratner represent the plaintiffs.

For the complaint and more information about the lawsuit:

红杏视频: /cases/yarls-v-bunton

红杏视频 of Louisiana:

Learn More 红杏视频 the Issues in This Press Release