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Constitutional Law

Due to lack of counsel, New Orleans judge freezes cases against 7 inmates and orders their release

Arthur Hunter Jr., Photograph by Kathy Anderson.

In the latest development in an ongoing Louisiana public defender funding crisis, a New Orleans judge on Friday froze the cases of seven inmates charged with serious felonies— including rape and second-degree murder—because they have been held for months without access to counsel.

“The defendants’ constitutional rights are not contingent upon budget demands, waiting lists and the failure of the legislature to adequately fund indigent defense,” said District Judge Arthur Hunter in his written decision (PDF). “In this country, a person who cannot afford an attorney and who has not been convicted, should not remain in jail without a date certain when proceedings will begin and when funding will be made available by the legislature to exercise his constitutional rights to an attorney and effective assistance of counsel.”

However, Hunter stayed his order for 10 days while state prosecutors pursue an expected appeal, the New Orleans Times-Picayune and WDSU report. He also noted that his order doesn’t end the cases against the defendants but simply releases them until they can be adequately represented.

Right now, “the court has no difficulty concluding the defendants’ constitutional right to assistance of counsel is being violated,” the judge wrote. “We are now faced with a fundamental question, not only in New Orleans, but across Louisiana: What kind of criminal justice system do we want? One based on fairness or injustice, equality or prejudice, efficiency or chaos, right or wrong?”

Related coverage:

ABAJournal.com: “ABA backs call by Louisiana chief justice to provide necessary funds for public defenders”