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Louisiana must fulfill the promise of legal defense for everyone

: News; 24 March 2019

By Derwyn Bunton, guest columnist to Nola.com

“If you can’t afford an attorney, one will be appointed to you.” The statement so ubiquitous today, once wasn’t familiar. Thanks to the dogged persistence of a poor, Florida drifter nearly 60 years ago, the public defender system so fundamental to criminal justice today began.

In Gideon v. Wainwright¸ the U.S. Supreme Court agreed Clarence Gideon’s constitutional rights were violated by his being denied a lawyer. Justice Hugo L. Black wrote that because of the adversary system, any accused person who cannot afford a lawyer “cannot be assured a fair trial unless counsel is provided for him.” The right to counsel means we are all entitled – rich, poor, and in between – to effective representation. The court made clear over the years a warm body or placeholder lawyer is not enough.

However, in Louisiana, the right to effective counsel is threatened by years of chronic underfunding and a user-pay funding structure that remains inadequate, unstable and unreliable. This is no surprise. The Orleans Public Defenders Office (OPD), and public defenders across the state continue to criticize and highlight the inequities in and dangers of our criminal justice system. At best an underfunded public defender system slows down court proceedings and delays justice for the accused, for victims and our entire community. At worst, it steals innocence with wrongful convictions, punishes poverty by jailing poor people unable to afford bond and erodes confidence in a criminal justice system meant to protect innocence and keep our communities safe.

In Louisiana, the promise of effective legal representation remains unfulfilled, due in large part to continued, chronic underfunding and a failure to provide public defense with resource equity. In fact, the amount invested in public defense at the state level remains inadequate, forcing the Louisiana Public Defender Board to play “whack a mole” with funding to prevent systems from going bankrupt.

----- Read more at NOLA.com

REVISED 2019 NEW ORLEANS BUDGET COMMITS TO HISTORIC SUPPORT OF PUBLIC DEFENSE

: News; 29 November 2018

Inequities Still Remain Among Criminal Justice Entities

New Orleans, LA – Today, the New Orleans City Council amended Mayor Cantrell’s proposed budget, adding $300,000 more for the Orleans Public Defenders Office (OPD). Mayor Cantrell’s initial budget initially proposed $1,513,623 for OPD. The Council also funded the Louisiana Center for Children’s Rights – the juvenile public defender for New Orleans – for the first time.

This represents a historic appropriation for public defense in New Orleans and Louisiana. However, much work remains before equity in our justice system is fully achieved and we put an end to Louisiana’s user-pay justice system. More urgent, OPD is not out of the woods yet. The prospect of case refusals, court stoppages, and court slowdowns are on the horizon for OPD without more funding. “At the same time, we are optimistic continued engagement with the Mayor and members of the Council will provide solutions which avoid a larger crisis,” said Chief Defender Derwyn Bunton. OPD remains in service restrictions with the implementation of public defender waitlists and case refusals looming.

OPD Hosts 3rd Annual Second Line for Equal Justice

: Calls To Action; 22 October 2018

We will once again join together with our community, our partners and allies in justice reform for our 3rd Annual Second Line for Equal Justice.

With a continued focus on fairness and equity in the criminal justice system, we will call on New Orleans' decisionmakers and leaders to prioritize equitable funding for OPD and public defense in New Orleans, as well as an end to our discriminatory money bail system, and abolishing Louisiana's nonunanimous jury statute.

Make plans to join us on Saturday, November 3!

Want to get involved and join us? Reach out to Lindsey Hortenstine, .

Unanimous Juries and Your Vote: What You Need to Know

: Calls To Action; 22 October 2018

On November 6, Louisiana voters will have the opportunity to move toward a more just justice system by abolishing the nonunanimous jury statute.

Louisiana is one of just two states that doesn't require a unanimous jury verdict for felony convictions and the only state to sentence someone to life without the possibility of parole with just a 10-2 jury verdict.

What does this mean? The district attorney doesn't need to convice all 12 jurors that the accused is guilty beyond a reasonable doubt. Even if one or two jurors have doubts, or believe the person is innocent, he or she can still be found guilty. This is not justice.

OPD Launches Community Know Your Rights Series

: Calls To Action; 22 October 2018

Together with the Juror Project and New Orleans Councilmember Jason Williams, OPD has launched a Know Your Rights Community Forum series. Through presentation, discussion and an active role-playing scenario, the series will outline the criminal justice system and people's rights within it from stop and search, to arrest and first appearance.

The event is Friday, October 19, from 6 - 7:30 pm at Dillard University's Georges Auditorium and hosted by District D Councilmember Jared Brossett and Dillard's Housing, Health and Community Resources Fair.

The event is free and open to the public. For more information: visit the Facebook event page.

Friday's event is the first in an ongoing series throughout New Orleans. Stay tuned for future dates.

If you'd like to host a Know Your Rights event with your organization or community, please reach out to Lindsey Hortenstine, .

Women with a Vision and Southerners on New Ground Honored with Clyde Merritt Award

: News; 09 May 2018

Two weeks ago, OPD honored several community organizations with our highest honor, the Clyde Merritt Award, for their extraordinary work to free poor people held pretrial who can't afford their bonds. Women with a Vision and Southerners on New Ground have made a significant impact on OPD clients, their families and the New Orleans communities.
“Community bail funds represent the power citizens have to save one another from an unjust, unfair and unequal money bail system and the New Orleans community has stood up ready to advocate for its most vulnerable and disenfranchised,” said Chief Defender Derwyn Bunton. “These organizations have affected numerous lives so far. We know when people are out of jail, they can better help their case, are able to maintain their jobs, homes, stay with their families and children, remain connected to their community, and have an exponentially greater chance to succeed.”

Chief Defender Derwyn Bunton once again presented the awards during the Ben Levick Sullivan Investigator Fellowship fundraiser. The fellowship, now in its fourth year, quickly become an integral part in fulfilling OPD’s mission to provide zealous, client-centered representation. The fellowship was established in the memory of Ben Sullivan and his incredible passion and dedication for public defense. Ben devoted himself to those in need, sought the truth and endlessly fought for justice.
Established in 2012 to honor one of the stalwart advocates for public defense, Clyde Merritt, the Clyde Merritt Award recognizes extraordinary commitment and fight for the cause of public defense in New Orleans.