Header - Who We Are
Who We Are

OPD Files Motions to Dismiss Unconstitutional Charges and Attachments in Municipal Court

logo hi resThis week, the Orleans Public Defenders Office (OPD) filed a motion to quash in New Orleans Municipal Court for nearly 1,000 cases charged with begging, a charge deemed unconstitutional in 2013 by the Louisiana Supreme Court. The filing was a first step to clear the nearly 60,000 outstanding attachments in New Orleans and prioritize health and safety in Municipal Court as the city begins COVID-19 re-openings.  

Last fall, a historic coordinated effort to resolve the outstanding warrants in New Orleans was brought to the New Orleans City Council. Led by Stand with Dignity and OPD, the Council unanimously voted for a resolution to waive fines and fees in these outstanding municipal cases and lift the attachments with Councilman Jason Williams acknowledging the cycle of poverty created when fines and fees are assessed without consideration to a defendant’s ability to pay, and the criminalization that occurs when warrants are issued for those who cannot pay.

“This is an important first step to begin removing the barriers for so many of our community members,” said OPD Supervising Attorney Lauren Anderson, who filed the motion. “For too long, court fines and fees have been a significant impediment to people being able to gain employment, maintain housing, or provide for their families. The added threat of arrest further deters their ability to access services and benefits, and simply harms our community.”

 

In September, the Washington Post reported one in seven New Orleanians have a warrant out of Municipal Court. Many of these warrants stemmed from failure to appear or failure to pay fines and fees, effectively perpetuating a modern day debtor’s prison.

In the wake of both December’s cyberattack which crippled court functioning, and COVID-19 court closings, that number has grown further. COVID-19 has dramatically changed everything from restaurants to schools and of course courts. Jails and prisons remain breeding grounds for incubation and spread of the coronavirus, putting those in custody, as well as deputies, court staff, and attorneys at risk. As New Orleans enters Phase 1 of reopening, it is imperative efforts continue to slow the spread.

“COVID-19 is poised to have long-lasting impacts on the way we approach court operations. We should make every effort to effectively and efficiently resolve these nearly 60,000 outstanding cases,” said Anderson. “There is simply no way we can resume the volume in Municipal Court and still keep everyone safe.”

There are also fiscal benefits. COVID-19 has had devastating effects on our economy. At $118 a day to incarcerate one person, jailing each of the nearly 60,000 attachments would cost the city upwards of $7 million. New Orleans’ jail population is at historic lows. NOPD has adjusted arrest practices, Courts have worked to release people from custody. While there is still much to be done, it is imperative these efforts remain.

Plans are now being made to address the remaining outstanding warrants, many dating prior to Hurricane Katrina.

OPD IN THE MEDIA

 

newsFloater john oliver

HBO's Last Week Tonight with John Oliver Talks Public Defense featuring OPD


newsFloater defense matters

Public Defense Matters

See our new YouTube channel and listen to some of our stories.


newsFloater indefensible

Indefensible: The Story of New Orleans' Public Defenders

More than 80% of defendants in New Orleans can’t afford a lawyer ...


nytimes hands opinion

When the Public Defender Says, ‘I Can’t Help’

“Your Honor, we do not have a lawyer for this person at this time.”

Sign up for our newsletter to stay informed and keep up with OPD!

OPD gray transparent logo

The material found on this web site is for informational purposes only. It should not be considered to be legal advice and is not guaranteed to be complete or up to date. Use of this web site is not intended to create, nor constitute, an attorney-client relationship between the user and Orleans Public Defenders (OPD) or any of the OPD's attorneys. Readers should not rely upon or act upon this information without seeking professional counsel. See full disclaimer. Terms of Use - Privacy Policy Site development by OpenStretch Consulting

© 2013 - 2024 Orleans Public Defenders. All Rights Reserved.