Baton Rouge court ruling enforces fees on criminal defendants

February 12, 2011

Baton Rouge, Louisiana: Judge Todd Hernandez of the 19th Judicial District in Louisiana, issued a ruling on February 11, 2011 upholding a law that requires convicted criminal defendants of the Orleans Criminal District Court and the New Orleans Municipal Court to pay a $35 fee. This fee goes to the public defender's office, which provides attorneys for those charged with crimes who cannot afford their own legal representation. The ruling stated that the judges did not have the power to waive this fee, as many of them have been doing.

The public defenders protested the fact that judges could remit some or all of this fee from other court fees imposed on defendants, but overall, public defense attorneys are pleased. "We consider this a victory because the judges were not assessing the fees in every case...Before, there was no order to require them to assess it in every case," explained Frank Neuner Jr., the chairman of the statewide defender board. The New Orleans defender's office says they expect to run approximately $1.8 million short of their goals by the summer due to these uncollected fees. The state law requires the fee from all individuals found guilty or who enter pleas of guilty or no contest, from non-parking traffic offenses and on all forfeited bonds.