YES! All public defenders are real attorneys. They are licensed to practice law in the State of Louisiana. Just like a private attorney, public defenders have a Bachelor’s Degree, a Juris Doctor (law degree) from an accredited law school, have passed the Louisiana State Bar Exam, a character and fitness evaluation, and the Multi-state Professional Responsibility Examination (“MPRE”) and have been sworn into the Louisiana State Bar.

You must fill out an application and pay a non-refundable application fee of $40 to the Public Defender’s Office. Once an application is submitted and the application fee is paid, the office will determine whether you qualify for our services.

• If you are found to be INDIGENT, you will be appointed an attorney from the office.

• If you are found NOT INDIGENT, you do not qualify for our services and will NOT be appointed a public defender. You must hire a private attorney to represent you.

• If you are determined to be PARTIALLY INDIGENT, you will be contacted by the office to discuss further steps. If you are appointed a public defender, additional fees will apply.

Incarcerated Clients: Incarcerated clients are presumed indigent and will be appointed a Public Defender while they are incarcerated. Once released from incarceration, the individual no longer qualifies for the services of the PDO and must fill out a new application and pay the non-refundable $40 application fee.

No. Not everyone who applies will qualify for the services of a Public Defender. The Public Defender’s Office only represents individuals who make less than the federal poverty guidelines. Some individuals automatically qualify for a Public Defender based on their age (under 17 years old), incarceration status or type of case (CINC).

If the court determines that you are “over-qualified” for our services or can afford to hire a private attorney, then the Public Defender’s Office will NOT be appointed and you must hire a private attorney to represent you.

It is important to note that the right to free legal representation only applies in criminal cases where a potential jail sentence is involved. You do not have a constitutional right to free legal help in non-criminal ("civil") cases.

Despite the common perception that public defenders are free, approximately 40 states, including Louisiana, allow courts to charge indigent defendants for the use of a public defender or court-appointed counsel. (L.R.S. 15:175).

These fees help cover the office’s operational costs such as maintaining the office and its equipment.

The average cost for a criminal defense attorney in Louisiana can be several hundred dollars an hour, which, depending on the case, can add up to several thousands dollars. In comparison, a $40 application fee is nominal.

If an applicant is found to be “partially indigent,” they are considered financially unable to afford a private attorney but do not qualify for a court-appointed lawyer. If an applicant is determined to be “partially indigent”, the Public Defender’s Office may be appointed to represent you but fees in addition to the $40 application fee, will be ordered.

The Public Defender’s Office only represents individuals who are indigent. If you had the funds to hire a private attorney, you may not qualify for our services. To determine if you do qualify, you must fill out an application with our office and pay the non-refundable $40 application fee. We will submit your application to the court to determine if you qualify for our services. If the court determines that you are indigent, you will be appointed a public defender. If the court determines that you are NOT indigent, you must hire a private attorney.

No. Public defenders work for their clients. The rules of professionalism and ethics obligate public defenders to advocate for their clients, not the state and not the court. Public defenders in Louisiana are not employed by the State – they are employees of the Office of the State Defender.

Yes! Just like private attorneys, Public Defenders are ethically obligated to uphold the lawyer-client relationship, meaning everything that you say to your lawyer is confidential unless you give them permission to disclose it.

We advise you to never discuss the facts of your case with anyone except your attorney and their staff. This includes law enforcement officials, co-defendants, family members or other inmates. Some inmates are informants, and anything that you say can be and likely will be used in court against you. Never discuss your case with friends or family over the telephone. Remember that jail phone calls are regularly recorded.

Your child/relative and your their attorney have attorney/client confidentiality meaning everything discussed between the two of them cannot be discussed with others without your child/relative granting their expressed permission. This includes juvenile clients who are under the age of 17 years old.

Before your relative’s attorney can speak to you, they need permission from their client to discuss confidential information with others, including family members.

It depends. Your Public Defender may not know that they have been appointed to your case, may not have any information on your case yet, or they may be in court.

We recommend that you call the Public Defender’s Office to set up an appointment with your attorney to discuss your case as soon as possible.

Remember that attorneys can be hard to reach by phone because they are often in court, visiting clients at a jail, or in a meeting. If you are unable to reach your attorney by phone, you should leave a voicemail with your name, phone number and a summary of why you are calling.

Most Public Defenders have the ability to text their clients so this may be a good way to communicate with them. Attorneys cannot answer their phones while they are in court but they may be able to return a text.

You can also write a letter or send an email to your attorney directly.

No. Once you are represented by a private attorney, a Public Defender cannot speak with you.

No. Louisiana Revised Statute 15:142 states that individuals are entitled to the assistance of counsel of their choice, or appointed by the court if indigent and charged with an offense punishable by imprisonment. This mean that you are entitled to the assistance of the attorney of your choice OR an attorney appointed by the court.

Based on the setup of our judicial district, the most efficient way to provide counsel is to have each Public Defender handle specific cases in specific courts. Some Public Defenders may only handle felony cases wile others only handle Child In Need of Care cases. This allows attorneys to become experts in the type of cases they handle and provide specialized legal assistance.

The Public Defender’s Office wants to address any concerns you may have about your attorney. If you have concerns about your representation, you should first discuss the problem with your attorney as they may be able to fix the problem. If that does not help, you should contact your attorney’s supervisor. The supervisor will work with you to find the best solution. Rarely, if ever, will this include changing lawyers.

No. We do not handle expungements in adult cases.

However, we can assist clients fill out their juvenile expungement packets. For more information, contact your attorney or their administrative assistant.

Yes! Public defenders bring the same passion and dedication to their cases as private attorneys. They are well trained in their area of law and understand that their job is essential to preserve justice in our legal system. Public Defenders are just as good as private lawyers at representing their clients in court.

Private attorneys can cost thousands of dollars to retain and can control who they take on as a client. Public Defenders cost little to no money and cannot control who they take on as a client.

Public Defenders receive the same training as a private attorney and are subject to the same continuing legal education requirements. Public Defenders may be more specialized in the type of law they practice.