The New Orleans public defenders office recently filed a law suit against Orleans Parish Sheriff Marlin Gusman for violating the U.S. Constitution’s right to counsel and the Louisiana code of criminal procedures. The suit cites unpredictable and unreasonable wait times, restricted visitation hours, lack of privacy for client counsel discussions and inability to execute documents among client and counsel. Public defenders represent approximately 80% of the 3000 inmates housed in the five Orleans Parish jail facilities. While Sheriff Gusman has not responded to this specific litigation, he has in the past defended these practices by citing Hurricane Katrina damages and constrained budgets until the new prison can be built by 2014.
Everyone has the right for legal counsel under the U.S. Constitution and if one cannot afford legal counsel, free counsel is appointed as in the case of 80% of the inmates housed in Orleans Parish prison currently. The Constitution and the criminal code of procedure should be upheld and enforced for all regardless of personal financial conditions. It is particularly disturbing that inmates cannot afford legal counsel one being subject to a violation of the Constitutional and Judicial rights clearly has social class implications. It would seem that a near term solution should be immediately imposed on behalf of the inmates represented until the longterm solution becomes available. Both city entities have scarce funds and staff and instead of fighting each other legally they should come to a compromise solution like extending flexible hours and procedures. It is in the oath of office of both a public defender and the criminal sheriff to protect and serve the interest of the public…including those who cannot afford to defend themselves.
http://www.nola.com/politics/index.ssf/2011/10/new_orleans_defense_attorneys.html
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