September 09, 2005

Katrina's legal wake

Remember that Louisiana's system for indigent criminal defense wasn't in the best shape before the hurricane? Now it's in shambles:

"I talked to one guy who was arrested for reading a tarot card without a permit... These are mostly poor people. They haven't been in contact with their family. They have no word at all. A lot of them are pretty devastated... The warden said they hadn't had food or water for two or three days. So a lot of them were just grateful to be out of the sun, in an air-conditioned place where they could find food and a shower and a mattress."

In addition to the logistical problems of setting up courts, finding a place to meet, and getting judges, lawyers and evidence, a major question looms about how to pay for the defense of indigent detainees. Louisiana has been in a low-grade crisis for years over the issue, and currently two-thirds of the money to defend those too poor to afford lawyers comes from court costs for traffic and parking offenses.

But with the evacuation of New Orleans and its environs, none of that money will be available.

Legal officials say that without a quick resolution of the problem the state may be forced to apportion cases to public defenders on a level that makes adequate representation impossible or to free prisoners rather than violate their constitutional right to a speedy trial...

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