Funding in bureaucratic "logjam" for Orleans public defenders

NEW ORLEANS -- Without adequate lawyers, criminals can go free, and the criminal justice system can grind to a halt. In New Orleans, 90 percent of those charged in Criminal Court can't afford a lawyer and depend on the Orleans Parish Indigent Defender Program for representation, also known as the Public Defender’s Office.

Orleans’ chief public defender said he not only hasn't gotten the money he was promised from the city of New Orleans for this year to fund the office, but he's concerned his office is nowhere in next year's budget.

“We cannot have people released because there's not adequate representation for ‘em,” said City Council Budget Committee Chairwoman and Councilwoman Cynthia Hedge-Morrell in October 2008.

At that time, the Orleans Parish Public Defender's Office fought for their first piece of the New Orleans city budget.

“It wasn't to bring [the office] up to the federal standard, it was to make sure we didn't fall any father below where we needed to be,” said Chief Public Defender Derwyn Bunton.

After a heated budget battle between Mayor Ray Nagin and the City Council, the public defenders’ office got the promise of $500 thousand from the city’s general fund, and Nagin agreed to give them $5 from every red-light camera ticket -- an estimated $600 thousand.

“As of now, we haven't received any additional funding from the red-light cameras. It's been called an administrative logjam. Our calls and emails have been ignored by the chief administrators for the most part, by the CAO's office,” Bunton said.

"We need to get to the bottom of why they haven't received the funds they were promised," said Councilman James Carter.

Plus, Nagin did not fund the office in next year's budget, something that Bunton said will take criminal justice in New Orleans two steps back.

“We are going to threaten all of that, all of that progress in the coming months and the coming year,” Bunton said.

“This is a matter that we are also paying very close attention to. We are very supportive of the Orleans Public Defenders’ office. It is a crucial, crucial office to the entire system. If you bring that area down, it clogs the rest of the system and the rest of the system deteriorates as a result of it,” said New Orleans Business Council leader Greg Rusovich.

Bunton said in an average year, their 50 attorneys represent about 87,000 people in criminal, municipal and traffic courts.

“That's an incredible strain on our staff. Our caseloads are incredibly high. The state has been concerned about that as well. So, we're trying, but it's hard to make improvements when you are continually being cut,” Bunton said.

Traditionally, the state funds the lion's share of the Public Defender's Office, and recently, Bunton was successful and upping the state's share by about $600 thousand a year.

“Our total budget right now, our status quo budget is about $6.5 million. Most reports say we need to be at $8.5 million to reach the constitutional floor in all areas,” he said.

“It's an absolute constitutional right and it's an outrage that it’s not being properly funded. Again, taking across the board budgetary cuts is not the way to approach the budget,” Rusovich said.

Eyewitness News requested an interview with someone from the Nagin administration about why the public defenders haven't received the red light money, and about how much they're owed.

Late Wednesday afternoon, Mayor's Office spokeswoman Ceeon Quiett said in an e-mail, "An ordinance approved by City Council will have to be done ... in order to issue payment. This has not been done to date. And I do not have an estimated timeframe at this time."