louisiana public defender board · moses williams . the following members of the board’s staff...

Louisiana Public Defender Board Friday, April 3, 2020

12:00 p.m. Zoom1

AGENDA 1. Call to Order and Comments by Chairman, Frank Holthaus

2. Adoption of the Agenda* pg. 87

3. Call for Public Comment

4. Adoption of the Minutes*a. February 20, 2020 pgs. 88-91 b. March 27, 2020 pgs. 92-95

5. FY20 Working Group Report pg. 96-97

6. Policy Committee Report/Recommendationsa. Decarceration Statement* pg. 98 b. Uniform Contingency Plan Submittal Discussion

i. Draft Policy* pg. 99

7. Budget Committee Report/Recommendations*(Unknown at posting time)

8. COVID-19 Impact on Juvenile Defense – Report pg. 100-101

9. FY 21 Working Group - informational

10. Next Meeting(s)

11. Adjournment*

1 This meeting is being held via a ZOOM video-conference pursuant to Executive Proclamation JBE 2020-30 – Additional Measures for COVID-19 Public Health Emergency Section 4. 87

1 – LPDB Minutes, Feb 20 2020

Louisiana Public Defender Board Thursday, February 20, 2020 Bluebonnet Regional Library

12:00 p.m.

DRAFT MINUTES 1. A meeting of the Louisiana Public Defender Board, pursuant to lawful notice, was calledto order by its Chairman Frank Holthaus on Tuesday, February 20, 2020, at the BluebonnetRegional Library in Baton Rouge, Louisiana, at approximately 12:10 p.m.

The following Board members were present:

Chris Bowman Flozell Daniels W. Ross FooteMichael Ginart Frank Holthaus Donald NorthChaz Roberts

The following Board members was absent:

Zita Andrus Pat Fanning Lyn Lawrence Moses Williams

The following members of the Board’s staff were present:

Remy Voisin Starns, State Public DefenderBarbara Baier, General Counsel Natashia Carter, Budget Administrator Anne Gwin, Executive Assistant Richard Pittman, Dpy. Public Defender, Dir. Juvenile Defender Services Erik Stilling, Information and Technology Director Tiffany Simpson, Legislative Director – Juv. Compliance Officer

2. Adoption of the Agenda. Mr. Flozell Daniels moved to adopt the agenda as presented.Judge Ross Foote seconded the motion which passed unopposed.

3. Call for Public Comment. Mr. G. Paul Marx, District 15 (Acadia-Lafayette-VermilionParishes) reported on the “Uptrust” electronic text noticing pilot project in Districts 15, 16(Iberia-St. Martin-St. Mary-), 19 (East Baton Rouge) and 22 (St. Tammany-Washington).Clients are given their pending court dates via text messaging to the phone number they haveprovided their appointed public defender. The text noticing begins upon the PDO appointment.The service is funded by a 2-year grant.

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4. Adoption the Minutes.

a. November 21, 2019. Mr. Mike Ginart corrected the November 21, 2019 minutes to include Board Member Katherine Gilmer as being in attendance then moved to adopt them, as amended. Judge Foote seconded the motion. b. January 16, 2020. Mr. Flozell Daniels moved to adopt the January 16, 2020 minutes as presented. Mr. Chaz Roberts seconded the motion. Upon vote, the minutes of the November 21, 2019, as amended, and the minutes of the January 16, 2020 meeting, as presented, passed unopposed.

5. Budget and Financial

a. Financial Report through January 31, 2020. Budget Administrator Natashia Carter reported $32,055,711 expended to date; $5,156,421 encumbered; $2,892,524 projected to be expended by the end of the fiscal year and zero funds available for reallocation. Mr. Flozell Daniels moved to adopt the financial report, Judge Foote seconded and the motion passed unopposed. b. Solvency Projections thru 12/31/19. Dr. Erik Stilling reported that staff is monitoring Districts 13 (Evangeline) 34 (St. Bernard) and 41 (Orleans) closely as they are all facing shortfall. He reported that District Defender Derwyn Bunton (Orleans) is expecting local city funds soon and that District Defender Tom Gernhauser (St. Bernard) is expecting a one-time influx of funds from bond forefeitures in the near future which will help address his fiscal needs. c. FY20 Funding Requests. SPD Starns reported that the districts’ Exigency and Residual Grant Fund requests are being referred to the Budget Committee for recommendation to the full board for action.

d. Districts being Monitored. i. District 40. District Defender Richard Stricks addressed the board and requested that the third installment of approximately $59,442 of the original $178,320 monies encumbered for his district, and previously approved by the Board, be disbursed. Mr. Mike Ginart moved to release the third installment. Professor North seconded the motion which passed unopposed.

e. FY21 Preliminary Budget ($40,351,698). SPD Starns reported that staff will attend the House Committee on Appropriations hearing on March 3, 2020 and that to date a budget of $40,351,698 has been proposed.

6. Executive Session. Mr. Ginart moved to go into Executive Session. Professor Donald North seconded the motion which passed unopposed. Chairman Holthaus reported that Executive Session concluded. Judge Foote moved to leave Executive Session and resume Regular Session, seconded by Professor North and passed unopposed. Regular Session resumed at approximately 2:12 p.m. 7. District Defender Issues

a. Appointment - District Defender - District 1 (Caddo Parish). Professor North moved that the Board select Michele AndrePont as the District Defender for Caddo Parish. Judge Foote seconded the motion which passed unopposed. SPD Starns reported all candidates were impressive and thanked them for their participation. b. Salary Ranges. The district defender salary range document was provided in the materials for informational purposes.

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c. Salary – Caddo District Defender. Mr. Chris Bowman moved that the setting of the salary for the Caddo District Defender go to the Budget Committee for a recommendation to the full board and that the salary remain at $100,000 commensurate with the predecessor district defender, effective this date, pending the Budget Committee’s recommendation. Judge Foote seconded the motion which passed unopposed.

d. Status - District Defender - District 29 (St. Charles Parish). Deputy Public Defender Richard Pittman reported that the selection committee has completed their interviews. SPD Starns indicated he would have a recommendation for filling the position at the next board meeting.

e. District 9 (Rapides Parish) Forfeiture Suit. District Defender Deirdre Fuller reported that this issue has been resolved with the Plaintiff dismissing all action.

8. DAF FY21. SPD Starns reported that discussion has begun with the district defenders and everyone is working through the process and he will report progress back to the board. 9. 2020 Legislative Session Update. Legislative Director Tiffany Simpson reported that the 2020 Regular Legislative Session starts March 9, 2020, there is no Executive Budget (House Bill 1) again this year, the deadline to pre-file Bills is February 28 and LPDB staff will be participating in the scheduled budget hearing on March 3, 2020 at the Capitol. 10. LPDB Division Reports a. SPD. Since his appointment as State Public Defender on January 16th, SPD

Starns reported having met with several district defenders, visited the Caddo, Desoto, Jefferson and Calcasieu Public Defender Offices, hosted a district defender meeting in the 19th to begin discussions on the DAF and submitted five fiscal notes, to date.

i. Agenda and Meeting Format. SPD Starns reported that he, Chairman Frank Holthaus and Executive Assistant Anne Gwin met with the Chairman of the Louisiana State Licensing Board for Contractors to secure meeting space for Board and Committee meetings moving forward. This space is centrally located in downtown Baton Rouge.

ii. Executive Positions. SPD Starns reported he would be scheduling interviews for the Trial Level Compliance Officer and Director of Training positions and would have a recommendation for hire at the next Board and/or Budget Committee meetings. Mr. Ginart asked for clarification that Mr. Starns would have a recommendation ready for Board action at the next meeting. Mr. Starns confirmed that he would.

b. Juvenile. Director of Juvenile Defender Services Richard Pittman reported that the Title 4E representation DCFS contract was received on February 19 which represents approximately $250,000 year to Districts 1 (Caddo), 9 (Rapides) 19 (EBR) and 21 (Livingston-St. Helena-Tangipahoa). c. Capital. The Capital Division report is in the materials for review.

11. Announcements. Professor North requested Board attendance records for FY20.

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12. Next Meeting(s). The next meeting of the Budget Committee was set for March 2, 2020 at 1:00 p.m. and the Board for April 7, 2020 at 1:00 p.m. Locations to be announced upon confirmation. 13. Adjournment. Mr. Mike Ginart moved to adjourn. Professor North seconded the motion which passed unopposed. Guests: Richard Stricks Steve Thomas Brian McRae Rene Bourg Herman Castete Richie Tompson Harry Fontenot Lee Harville Bob Noel Rhonda Covington Deirdre Fuller John Albert Ellis G. Paul Marx Gary Clements Tom Gernhauser Don Kneipp Bruce Unangst Kenn Barnes John Lindner Michelle AndrePont Michael A. Mitchell Kammi Whatley Alan Robert Kyla Romanach Chanel Long David Marcantel Sade Lee Lindsey Blouin Tony Champagne

I HERBY CERTIFY that the foregoing is a full, true, and correct account of the proceedings of

the Louisiana Public Defender Board’s meeting held on the 20th day of February 2020, as

approved by the Board on the 3rd day of April, 2020.

________________________________________________ C. Frank Holthaus, Chairman

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1_Board Minutes_Mar 27 2020

Louisiana Public Defender Board

March 27, 2020 12:00 p.m.

Video-Conference-ZOOM1

Draft Minutes

1. A meeting of the Louisiana Public Defender Board, pursuant to lawful notice, was called to order by its Chairman Frank Holthaus on Friday, March 27, 2020, via ZOOM video-conference (see footnote). Mr. Holthaus acknowledged that the meeting was duly noticed with the proper certification for holding the meeting via video-conferencing and he noted quorum.

The following Board members were present: Zita Andrus Chris Bowman Flozell Daniels Pat Fanning W. Ross Foote Michael Ginart Frank Holthaus Lyn Lawrence Donald North Chaz Roberts Moses Williams

The following members of the Board’s staff were present: Remy Voisin Starns, State Public Defender

Barbara Baier, General Counsel Natashia Carter, Budget Administrator Jean Faria, Capital Case Coordinator

Anne Gwin, Executive Assistant Chase May, I. T. Support Specialist

Richard Pittman, Dep. Public Defender, Dir. Juvenile Defender Services Erik Stilling, Information and Technology Director Tiffany Simpson, Legislative Director – Juv. Compliance Officer 2. Adoption of the Agenda. Professor Donald North moved to adopt the agenda as presented.

Mr. Chaz Roberts seconded the motion which passed unopposed.

3. Call for Public Comment. Chairman Holthaus introduced SPD Starns who asked to address the Board prior to taking up the agenda. He stated that public comment would be heard with agenda items.

1 This meeting is being held via ZOOM video-conference pursuant to Executive Proclamation JBE 2020-30 – Additional Measures for COVID-19 Public Health Emergency Section 4.

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Mr. Starns reported that staff has been addressing district solvency and recent court closures due to the COVID pandemic. The new projections indicate insolvency in 16 of the 42 district offices and approximately $3.2M shortfall. He reported his priority is to keep all 42 districts solvent and that he has been in constant contact with the Commissioner of Administration and others. He indicated working with staff to identify dedicated and other available funds that can be released and redistributed to the districts. He indicated his recommendation to the Board is to form a working group made up of district defenders, contract program heads and staff to find those funds to be repurposed. In addition, staff is also reviewing the recent Stimulus Bill as a possible solution to get though the fiscal year.

4. District Issues

a. Amended FY20 Solvency Projections. Dr. Stilling presented the projections in the materials. Mr. Starns expressed his belief that returning to regular work by May is optimistic, so the projections as presented are based on worse-case scenario—no conviction user fees for March through June 2020. The discussion focused on how to keep district offices solvent, where to find the funds to do it, and when to take action. Mr. Roberts indicated that cutting expenses and putting plans in place now is necessary. Judge Foote expressed concern for cutting the contract programs which serve indigent clients, just through a different vehicle. Several members expressed the need for more time and more information on the stimulus package and other funding options before cutting expenses. Mr. Ginart urged that staff begin meeting with the district defenders to see where they can save money and for staff to come back to the Board with options. Mr. Starns agreed and reiterated that was his goal. Judge Foote urged a Policy Committee meeting to come up with solvency prioritization policies. Mr. Williams agreed more time is needed to review the stimulus bill and that it is too early to move money with so much uncertainty. He urged a working group to look at the options and more time to think about long term consequences. Mr. Derwyn Bunton, District Defender, District 41 reported, having been through Katrina, it is key to remain diligent and make known the needs of public defense locally, statewide and federally through advocacy. Professor North made clear to the district defenders that the board would be supportive but urged that they provide information. Mr. Daniels urged support at the legislative level, in policy work and through communication. Mr. Fanning stressed too many unknowns and that it is too early to act without knowing more about the stimulus money. Mr. Starns again reiterated the need for a task force or working group made up of the program directors, staff and district defenders to determine if LPDB can access the stimulus money and to provide other options for Board consideration.

b. Exigency Funding Requests*

i. Districts 7 (Catahoula/Concordia) and 28 (LaSalle). Mr. Starns reported District 7 is requesting $40,000. District Defender Derrick Carson indicated the funds are not needed immediately because courts are closed in both districts.

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Professor North asked to refer the 7th and 28th requests to the Budget Committee. No other action was taken. ii. District 8 (Winn). District Defender Herman Castete has requested $50,000 by the end of July. Mr. Starns asked that this also be referred to the Budget Committee as the need is not immediate. No action was taken. iii. District 13 (Evangeline). Mr. Starns reported the resignation of District Defender Alex (Sonny) Chapman in mid-March and an $8,000 request for exigency funds. However, a recent $6,000 submittal was made by the Evangeline Parish Sheriff to the 13th PDO. The district is still in need of $2,000 to make March payroll. Mr. Ginart moved to give $2,000 to District 13. Judge Foote seconded the motion which passed unopposed. iv. District 35 (Grant). Mr. Starns asked to refer the District 35 request to the

Budget Committee. No action was taken. c. Ratification – Interim Salary, District 13 (Evangeline). Mr. Starns reported that he appointed Mr. David Marcantel (District Defender in District 31 – Jefferson Davis Parish) as Interim in District 13 after the resignation of Mr. Chapman. He asked for ratification of the interim salary of $2,500 per month for Mr. Marcantel to handle the duties in that district pending a permanent hire. After some inquiries and discussion, it was clarified that Mr. Chapman still carries a caseload, the 13th PDO is being run out of Mr. Chapman’s privately owned office and that he remains as one of two signatories on the 13th PDO checking account. Staff and Mr. Marcantel were instructed address these issues and report back to the Board. Mr. Roberts then moved to ratify the interim salary of $2,500 per month. Professor North seconded the motion which passed unopposed. d. District 11 – St. v. Williams, Court Order, Expert Witness Funding. Mr. Starns reported that an order has been issued that the private attorney and district defender are to work together on funding experts for this case. This matter was referred to the Policy Committee. e. Districts Being Monitored. Mr. Starns reported that this issue has been covered in today’s discussions.

5. FY20 Contracts. Mr. Starns reported this issue has been discussed and a working group will address the contract options.

6. COVID-19 Emergency Response. Mr. Starns reported these documents contain the Governor’s stay-at-home order and the Supreme Courts court closure orders.

7. DAF FY21. Mr. Starns reported he is working with the District Defenders on a funding mechanism, that a ZOOM meeting will be scheduled in the near future, and all chiefs are invited. 8. Announcements. There were no announcements made. 9. Next Meeting(s). The Policy Committee will meet on Wednesday, April 1, 2020, at 10:00 a.m. The Budget Committee will meet on Thursday, April 2, 2020, at 1:00 p.m. and the Board will meet on Friday, April 3, 2020 at 12:00 p.m. All meetings will take place via Zoom video-conferencing. Mr. Starns reported that since the last Budget Committee meeting on March 2, $30,000 was disbursed to District 25 (Plaquemines Parish). He clarified that the Budget Committee recommended approval of the full $107,000 request, but the district needed the $30,000 before the Board could meet for consideration. He is asking for ratification of the action. Mr. Daniels

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moved to ratify the disbursal of $30,000 to District 25. Professor North seconded the motion which passed unopposed. 10. Adjournment. A motion was made to adjourn, seconded by Mr. Daniels and passed unopposed. Guests: Kyla Romanach Chuck Reid Cecelia Kappel Derrick Carson Harry Fontenot David Wallace Andrea Stentz Matilde Carbia Tom Gernhauser Richie Tompson Rhonda Covington Angela Claxton Richard Stricks Mike Courteau Mike Miller Tony Champagne G. Paul Marx Bettye Wall Deirdre Fuller Conor Gaffney Jee Park Herman Castete Paul Fleming Richard Bourke Chanel Long Gary Clements John Albert Ellis Derwyn Bunton Don Kneipp Alan Robert Lindsay Blouin Aaron Clark Rizzio Carol Kolinchak Steve Thomas John Lindner Tony Champagne David Marcantel Rene Bourg Chris Aberle Joshua Newville Danielle Berg Brett Brunson Maggie LeBlanc Brian McRae Chad Guidry Michelle AndrePont Trisha Ward Reggie McIntyre Bob Noel (318)471-9806 (225)439-4574 (318)614-4727

I HERBY CERTIFY that the foregoing is a full, true, and correct account of the proceedings of

the Louisiana Public Defender Board’s meeting held on the 27th day of March 2020, as

approved by the Board on the 3rd day of April, 2020.

________________________________________________ C. Frank Holthaus, Chairman

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Stimulus Impact

• All contractors, whether the districts’ contractors or Board’s contractors, can apply for Paycheck Protection Plan loan beginning April 3 or April 10

o Covers 8 weeks of “payroll” plus rent and utilities o Fully forgivable if used for that purpose o For the purpose of seeing businesses through uncertain economic

times

• Unemployment Benefits o Up to $847/wk per employee, 1 for 1 with reduction in pay o Applies to contractors or W-2 employees o Applies to workers whose hours are reduced rather eliminated

entirely, and to people furloughed o Up to 39 weeks of coverage

• Special emergency paid sick leave w/ tax credit

o “Sick leave” for taking care of kids who can’t go to school o Up to 2 weeks of paid sick leave, reimbursed by federal gov’t in form

of payroll tax credits o Up to 12 weeks FMLA leave for the same purpose

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Whereas COVID-19 has been certified as a global pandemic; Whereas COVID-19 has impacted Louisiana more severely than it has impacted most states; Whereas COVID-19 has led to the Louisiana Supreme Court ordering courts in the state to remain mostly closed; Whereas district public defender offices rely heavily on conviction and user fees to fund operations; Whereas with courts closed, the Louisiana Public Defender Board anticipates a drastic decline in collections of conviction and user fees; Whereas it is anticipated that the decline in conviction and user fees will likely continue after courts open again because of anticipated declines in traffic filings due to less traffic on the roadways and police reluctance during times of crisis to strictly enforce traffic laws or dedicate personnel to traffic patrol; Whereas economic hardship may lead people to be unable to pay conviction and user fees in the foreseeable future; Whereas it is anticipated that declines in conviction and user fee collections may continue indefinitely; The Louisiana Public Defender Board declares that the public defender system as a whole is in a state of crisis. The Board further declares that this state of crisis likely will not abate until long after courts re-open and COVID-19 prevalence is reduced. The Board further declares that these conditions render the prospects of future solvency of the district offices to be uncertain and alarming.

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DECARCERATION STATEMENT In response to the medical, financial and public safety concerns

presented by the Covid-19 outbreak the Louisiana Public Defender Board

encourages the active participation of Judges, District Attorneys,

Probation Offices and Public Defenders in identifying at risk incarcerated

persons and effecting the release from incarceration persons being held

for non violent crimes after consideration of the following factors: nature

of crime alleged or proven; risk of harm to the public; percentage of

original sentenced served; current status of defendant/offender; age;

physical and medical conditions enhancing spread and/or risk of

coronavirus.

Public Defenders are encouraged to assist in drafting pleadings to secure

early release from sentence, probation holds, bond requirements, and

any and all other detainers resulting in incarceration.

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POLICY

In accordance with directives of the Louisiana Public Defender Board, the District Defenders are requested to provide detailed reports, on or about _________________, regarding the following:

1. Please explain procedures for office operations during the COVID-19 emergency,including answering phones, getting mail, efforts to secure the safety of their office(s), officepersonnel, and potential visitors to their office(s).

2. Planning for the financial security of their District Public Defender Fund, includinga. any decreases in expenditures implemented or planned (including, but not limitedto savings due to staff attrition, furloughs, salary reductions or other cost savings),b. efforts to seek additional funding including efforts to be included in stimulus fromlocal government, including documentation of meetings or conversations with localgovernment leaders, orc. efforts to document and quantify time and effort expended by employees in thedistrict.

3. Court and Jail Proceduresa. Are courts physically open or closed?b. If not, what proceedings are being conducted, and how (i.e., in person,teleconference, videoconference, etc.)?c. Which jails are open to visits from counsel, if any?

District Defenders are encouraged to provide as much detail as possible to assist staff and Board with directing limited resources. In cooperation with District Defenders, staff shall develop a form for the reports and shall, to the extent practicable, provide assistance in developing plans for formulating responses.

________________________________________ C. Frank Holthaus, Chairman

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REPORT ON IMPACT OF COVID-19 ON JUVENILE AND CHILD WELFARE PRACTICE

As with other aspects of the justice system, COVID-19 has had a profound impact on the juvenile justice system and the child welfare system. As with adults in jail, children who are out of their homes, whether they are in an incarceral setting or in a foster care setting, are at particular risk of COVID-19 exposure and at particular risk of declining mental health and declining educational attainment as a result of the impact of COVID-19 on our justice system.

In response to COVID-19, juvenile defenders around the state have been working diligently to get youth released from confinement. There has been much attention on jails and prisons in this time, but less so on juvenile detention centers, though the risk of exposure is the same and the risk of other bad outcomes is likely even more acute. Staff has received anecdotal suggestions that some detention centers are much emptier than is typical, as defenders work hard to bring to attention the risk imposed and seek release. It appears that some key judges and prosecutors are taking seriously the threat COVID-19 imposes upon youth and detention staff and this is leading to success at securing release of some youth. Other places are not seeing much success in securing release.

While it is understandable that many people are focused on the risk of exposure to coronavirus in incarceral settings, it is important also to keep in mind the impact on youth’s mental health. In many jails and detention center, visitation from family has been suspended. Supportive contact with family and loved ones is especially important when the incarcerated person is an adolescent. Also, for these youths, there are no more programs of education either in or out of the detention center as teachers are no longer coming into these institutions.

The Louisiana Supreme Court ordered courts closed in March, and that closure impacts juvenile delinquency cases. Courts abiding by the order have continued all matters except for detention hearings. As delinquency cases are required by statute to proceed quickly except for good cause, and because youth respond better when there is less delay between the bad act and the consequences, many cases will grow stale before they are ever able to proceed to trial. It remains to be seen how prosecutors and judges will view cases after a long delay.

For families with foster care involvement, the situation is worse. The Juvenile Division fears that setbacks caused by COVID-19 are going to lead to more Terminations of Parental Rights cases in the coming year as most children in foster care have had their in-person visitation suspended in favor of electronic visitation. Electronic visitation is a useful tool for some families, but is not a substitute for in-person visitation, and is largely pointless when the child is a baby or a toddler. Also, many of the families involved in foster care proceedings are very poor or live in areas without high speed internet access. Quality visitation is the best predictive factor for ultimately achieving successful family reunification. For children removed to foster care shortly after birth, often due to positive drug tests, one fears that going for months without visitation could be fatal to the parent-child bond that develops in large part by touch and smell.

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In addition to major disruptions in visitation, services for children and parents are also disrupted by COVID-19. Many services are unavailable remotely, or where they are available remotely parents do not necessarily have the capability to access them. In addition, DCFS has issued guidance that does not require in-person contact between case workers and parents or children. One also wonders whether foster homes are dropping out of the system either out of fear of exposure or because schools are closed and they have more in-home family responsibilities.

For families who experience a pause in services or visitation and resume successfully after the emergency has passed, the Juvenile Division has little doubt that these families will be given extra time to complete whatever needs to be completed even if statutory deadlines pass in the interim. However, it is unrealistic to expect that families experiencing disruption in visitation or in services will simply be able to resume from the same point later. If the services were actually necessary at all, then their disruption will likely harm the child or parents. The interrupted visitation will lead to disengagement from the process, the most likely cause of ultimate termination of parental rights.

The Juvenile Division has encouraged parent attorneys to seek to accelerate reunifications where it appeared the cases were close to ready.

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louisiana public defender board · moses williams . the following members of the board’s staff...

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