澳彩开奖

The ruling on Friday from the 2nd Circuit Court of Appeal found that the agreement between the DeSoto Parish district attorney鈥檚 office and the DeSoto Parish public defender鈥檚 office violated constitutional provisions that guarantee conflict-free legal counsel.

The U.S. Constitution effectively prohibits the district attorney鈥檚 office from helping to fund the defense of people it is also prosecuting, the court ruled, adding that the agreement also violated a professional rule requiring the public defender to use 鈥渋ndependent or professional judgment.鈥�

The ruling notes that the 澳彩开奖 and the ACLU of Louisiana filed a friend-of-the-court brief in support of an earlier judge鈥檚 order stating that the agreement violates the Sixth Amendment鈥檚 guarantee of a fair and impartial trial.

鈥淭he ruling by the Louisiana 2nd Circuit Court of Appeal is a positive and reassuring development,鈥� said Micah West, staff attorney for the 澳彩开奖. 鈥淎s the appeals court affirmed, when the district attorney鈥檚 office serves as both adversary and financial patron to the public defender鈥檚 office, it violates the Sixth Amendment. The public defender鈥檚 office has a duty to operate independently and advocate zealously for indigent defendants.

鈥淔urther, the state should adequately fund the public defender鈥檚 office,鈥� West said. 鈥淭he public defender鈥檚 office should not be beholden to the district attorney鈥檚 office 鈥� its adversary 鈥� for adequate funding. We hope the court鈥檚 ruling will protect against the appearance that criminal defense for indigent defendants in DeSoto Parish is for sale.鈥�

The DeSoto Parish public defender鈥檚 office began having financial problems last year after DeSoto District Attorney Gary Evans began a pretrial diversion program. State statute directs fine and court costs to be shared among more than a dozen agencies, including the public defender鈥檚 office, which relies on court costs to fund itself.聽 However, no court costs are generated when traffic tickets are diverted from prosecution. The public defender鈥檚 office estimated that if all traffic tickets were diverted, its revenue would drop by 96 percent.

Evans and DeSoto Chief Public Defender Steve Thomas on March 19 signed a cooperative endeavor agreement that would provide the public defender鈥檚 office with $45 from every traffic ticket that is diverted from prosecution. The funding agreement required the public defender鈥檚 office to pursue certain hiring priorities and to maintain 鈥渁n adequate level of attorney and support staff that is competent, professional, [and] diverse.鈥�

District Judge Amy Burford McCartney found that the agreement created a conflict of interest in violation of the Sixth Amendment: 鈥淭he agreement places an indigent defendant in the precarious situation where the party seeking to convict him is now paying for the attorney who is supposed to be advocating for him in his attempt to avoid a conviction, mitigate his criminal liability and protect his constitutional and statutory rights.鈥�

The 2nd Circuit Court of Appeal agreed on Friday, ruling that the agreement 鈥渧iolated constitutional provisions guaranteeing conflict-free counsel and prohibiting the district attorney from assisting in criminal defense.鈥�

In a separate case, the 澳彩开奖 has filed a class action lawsuit against the state of Louisiana that challenges the constitutionality and funding structure of the state鈥檚 overburdened public defender system.

That聽suit argues that the state鈥檚 public defender system fails to protect the rights of people who cannot afford to hire a lawyer.