Amicus Briefs

To date, LPDB has only filed one brief of amicus curiae.

The following is excerpted from the filed brief of amicus curiae on behalf of the Louisiana Public Defender Board in support of application for supervisory writ filed by the 16th Judicial District Public Defender Office:

The Louisiana Public Defender Board (hereinafter LPDB) files this amicus curiae brief to clarify that appointment of public defenders as counsel in contradictory hearings to determine the validity of findings by Sex Offender Assessment Panels is an error of law, manifestly erroneous, and clearly wrong. The appointment of public defenders in these hearings is a res nova issue for Louisiana courts, as the statute mandating appointment of counsel for hearings to determine if a sex offender is subject to lifetime registration and intrusive monitoring requirements is only now being utilized. Unlike similar statutes providing for the appointment of counsel, this particular statute is silent as to which entity is to provide representation and where funding responsibility lies. Public defenders have limited statutory authorization and responsibility to represent criminal defendants and those persons specifically enumerated in the Louisiana Public Defender Act. LSA R.S. 15:141, et seq. Persons appearing in court after an adverse Sex Offender Assessment Panel finding are not criminal defendants, as statutorily defined, and do not fall within a class specifically enumerated in Act 307. Therefore, public defenders lack the statutory authority and responsibility to represent this class of offender.

The full amicus curiae brief, which was filed on August 12, 2010, is available HERE

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