Justice

Why the ACLU Is Suing the New Orleans Public Defenders Office

The real target is the Louisiana state legislature.
An inscription over the entrance to the Orleans Parish Criminal District Court. Sandra Cohen-Rose / Flickr

If you’re charged with a crime but can’t afford a lawyer, then a public defender is often your best hope. In New Orleans, where both crime and income inequality rates are among the highest in the nation, that’s a not uncommon problem. So when New Orleans public defenders recently started refusing certain felony cases due to a budget shortfall, the stakes were already high.

Now the American Civil Liberties Union of Louisiana has filed a federal class action lawsuit against the Orleans Parish Public Defenders office over its work stoppage. The complaint, filed January 14, argues that by refusing to take certain cases, the OPD is violating the 6th Amendment of the U.S. Constitution, which guarantees criminal defendants the right to a lawyer, as well as the 14th Amendment, which guarantees due process and equal protection under the law.