Louisiana § RS 15:152 - State public defender; qualifications; powers and duties; salary

§ RS 15:152. State public defender; qualifications; powers and duties; salary

            A. There shall be a state public defender who shall be appointed by the governor and meet the following qualifications:

            (1) Meet the qualifications provided for in R.S. 15:150(B).

            (2) Be an attorney licensed to practice law in Louisiana with at least twenty years of experience with at least seven years of experience as a criminal defense attorney.

            B. The state public defender shall:

            (1) Establish and maintain, in a cost-effective manner, the delivery of legal services to persons entitled to, and financially eligible for, appointed counsel in criminal proceedings at state expense under Louisiana law, the Constitution of Louisiana, and the United States Constitution and consistent with the standards of national justice and those established by the Louisiana Supreme Court.

            (2) Develop, present for the board's approval, and implement a strategic plan, standards, and guidelines for the delivery of public defender services.

            (3) Implement and ensure compliance with contracts, policies, procedures, standards, and guidelines adopted pursuant to rule or required by statute.

            (4) Prepare the budget of the office.

            (5) Negotiate contracts, as appropriate, for providing legal services to persons financially eligible for appointed counsel at state expense. The provisions of this Paragraph are subject to the intent of the Louisiana Public Defender Act that district public defender programs shall continue operating within the method of delivery of services in effect prior to April 30, 2007.

            (6) Employ personnel or contract for services as necessary to carry out the responsibilities of this Part. The provisions of this Paragraph are subject to the intent of the Louisiana Public Defender Act that district public defender programs shall continue operating within the method of delivery of services in effect prior to April 30, 2007.

            (7) Supervise the personnel, operation, and activities of the office.

            (8) Prepare and submit to the board an annual report of the indigent defender services provided by the districts.

            (9) Appear before the Joint Legislative Committee on the Budget and report on the activities of the office.

            (10) Actively seek gifts, grants, and donations that may be available through the federal government or other sources to help fund the system, provided that such gifts, grants, and donations are not otherwise prohibited by law or rule.

            (11) Assist the board in the adoption of rules as provided for in R.S. 15:148 and in accordance with the Administrative Procedure Act.

            (12) Provide services, facilities, and materials necessary for the performance of the duties, functions, and powers of the office.

            (13) Establish the policies and procedures for the statewide delivery of indigent defender services in accordance with rules adopted by the office and as required by statute.

            (14) Establish administrative management procedures for the office, where applicable.

            (15) Review, monitor, and assess the performance of all attorneys, consortia of attorneys, or independent public defender organizations qualified with the United States Internal Revenue Service for an exemption from federal income tax under Section 501(c) of the Internal Revenue Code to provide counsel for indigent defendants.

            C. The state public defender shall receive annual compensation equal in amount to an associate justice of the supreme court of this state.

            Acts 2007, No. 307, §1; Acts 2008, No. 2, §1, eff. May 24, 2008; Acts 2024, 2nd Ex. Sess., No. 22, §1, eff. March 20, 2024; Acts 2024, No. 528, §1, eff. June 10, 2024.

NOTE: Judicial compensation, including the salary of a judge of a court of appeal in this state, is subject to the provisions of R.S. 13:10.3 and Chapter 1-B of Part IV of Title 13.