Have you ever considered the cost of your constitutional rights? Do you take them for granted? We say our freedom has been purchased by the blood of patriots, but what about the cost of our constitutional rights — in economic terms?The Sixth Amendment clearly states: “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial . . . and to have the Assistance of Counsel for his defence.”This guarantee is essential to ensure the accused, regardless of economic status, will have a fair trial which will help safeguard against the conviction of innocent people.But it all comes down to money in the end.Without an increase in funding, many public defender offices throughout Louisiana may soon have to refuse cases. This threatens the very foundation of our judicial system, which guarantees the availability of legal representation “in all criminal prosecutions.”To give an idea of the budget shortfall, Jean Faria, Louisiana State Public Defender, was recently granted an infusion of $27.8 million to help support local public defender offices, The Advocate reported. That’s in response to a request for $46 million. In 2007, Act 307 of the Regular Session was approved by the Louisiana House of Representatives, establishing a public defender system which uniformly provides for the constitutional rights set forth in the Sixth Amendment.The system is good, but “the money that is necessary to make that system work is simply not being provided,” Walt Sanchez, an attorney from Lake Charles who was formerly a member of the Louisiana Indigent Defense Assistance Board, told The Advocate.More public defenders need to be hired to provide adequate legal representation, thus reducing the number of cases handled per lawyer. This will allow the public defender to do more than just show up in court to represent the defendant. It will provide more time for investigation and preparation. The 24 public defenders in Louisiana’s 14th Judicial District currently work around 400 cases per day, explained Mitch Bergeron, the district public defender for the 14th Judicial District. That’s about 17 cases per lawyer per day. This is much too high a number to provide the standard of legal representation which should be available to any person who is threatened with the loss of life, liberty or even property.One of the primary arguments in appeals is often “ineffective assistance of counsel,” said Phil Haney, district attorney of the 16th Judicial District.The report “Minor Crimes, Massive Waste — The Terrible Toll of America’s Misdemeanor Courts,” published on the National Association of Criminal Defense Lawyers Web site states “the explosive load of misdemeanor cases is placing a staggering burden on America’s courts. Defenders across the country are forced to carry unethical caseloads … As a result, constitutional obligations are left unmet and taxpayers’ money is wasted.”As Faria continues to work to acquire funding for public defenders, I believe other options need to be considered.  One of the recommendations provided in the NACDL report is to “divert misdemeanors that do not impact public safety to penalties that are less costly to tax payers.”These tax savings could be used to help bridge the shortfall in the funding for indigent defense.When it becomes apparent public defender offices may have to refuse cases due to a lack of funding, it is imperative we as a society reassess our priorities. People often complain about the lack of funding for the arts. I also find this sad. But when the basic constitutional rights on which our country was founded are threatened because of the same lack of funding, I find it unconscionable to spend another cent on arts until we ascertain these rights are guaranteed.Nathan Shull is a 35-year-old finance junior from Seattle. Follow him on Twitter @TDR_nshull.
 
 
 
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