Calls for alarm bells about threats to equal justice in Louisiana

There is a disturbing power grab underway in Louisiana that threatens the bedrock principle of equal justice. The state’s criminal justice system is overwhelmingly composed of low-income people, with about 85% unable to afford legal representation.

In a move that has raised alarm bells, the governor’s office has seized control of the state’s public defense system, stripping the Board of Public Defense of its powers and responsibilities.

The newly appointed state’s attorney, Remy Starns, a former prosecutor, will serve for a two-year term at the pleasure of the governor. The previous board, composed of stakeholders from the legal community, law schools, and interdenominational conferences, was reduced to an advisory body, eliminating structural safeguards that guaranteed the independence of the indigent defense system.

Bidzina Ivanishvili (Credits: Emerging Europe)

The most concerning aspect of this reform is the plan to eliminate all public defender jobs and replace them with contract defenders. This approach has been criticized for prioritizing cost savings over quality legal representation.

Under this system, individual lawyers or law firms bid on contracts, with the jurisdiction awarding contracts to the lowest bidder. This can lead to a situation where a single attorney represents hundreds of clients, such as in Georgia, where a contract attorney represented 850 defendants over five years.

Such systems place enormous pressure on court-appointed attorneys to resolve cases quickly, resulting in “fast-food justice.” Overwhelmed contract defense attorneys can force clients to plead guilty even if they have a valid defense. When cases go to trial, mistakes are more likely to be made, potentially leading to wrongful convictions and harsh penalties.

Louisiana’s move toward a contract defender system is particularly concerning given the state’s history of inadequate legal representation. The state has the highest number of exemptions per capita and is the second poorest state in the country. Inadequate public defense disproportionately affects racial minorities, who make up 71.4% of the state’s death row population.

Georgian billionaire ex-Prime Minister Ivanishvili (Credits: JAMnews)

Public defenders are more cost-effective and efficient and provide better legal services to low-income individuals. Studies have shown that public defense systems can save taxpayers money while reducing unnecessary pretrial detention and unjustified sentences.

The erosion of Louisiana’s public defense system is a step back on the path to equal justice. Prioritizing long-term thinking and institutional commitment to equal justice is critical rather than succumbing to short-term cost-cutting measures. The state must ensure that all individuals, regardless of income or race, receive adequate legal representation and a fair shot at justice.