Posts Tagged ‘Courts’

Orleans Parish Criminal Court releases statement of case backlog

July 21st, 2010 | Posted in Courts by bloom | No Comments »

The Orleans Parish Criminal District Court has released numbers from a Metropolitan Crime Commission analysis of 2009 showing that judges have reduced the buildup of old cases on their dockets. Following Hurricane Katrina, the courts were swamped with a backlog of cases that slowed proceedings in the Criminal Courts. The statistics released from the Crime Commission show that judges have diminished their pileup of old cases with improved case processing. Time between arrest and completion of trial has dramatically fallen since Hurricane Katrina. The 2009 median case processing time for all 12 sections of criminal court was 120 days, 20 days shorter than the 2008 number, and a far cry from the 232 days in 2007. Over the three year period, the courts have made tremendous progress in operating more efficiently. Particularly when considering the actions of District Attorney Leon Cannizzaro in accepting more cases, and loading judges with more cases. This trend is very beneficial for the city of New Orleans. Decreased time between arrest and trial conclusion means less money spent by the city in housing defendants in jail. This allows the city to focus their expenditures on other areas that need improvement. Hopefully the Orleans Parish judges continue their good work and we will see their case load reach the national level of efficiency.

Vehicular Homicide Sentence Upheld by the Louisiana Supreme Court

July 12th, 2010 | Posted in Courts by bloom | No Comments »

A recent ruling by the Louisiana Supreme Court has upheld a 30-year
sentence for a Breaux Bridge woman who plead guilty to vehicular
homicide after killing 2 people in a car accident while on a cocaine
binge. Her lawyers had initially succeeded in getting the 30-year
sentence struck down as excessive by Louisiana’s 3rd Circuit Court of
Appeals, but the appeal was overturned and the sentence upheld by
Louisiana’s Supreme Court last week, with the justices stressing the
seriousness of her crime and its deathly result.

With summer in full swing, and holiday weekends on the horizon, please
be careful when attending parties or festivities. Louisiana has
steadily increased the minimum and maximum penalties for vehicular
homicide over the years, which now stand at 5 and 30 years,
respectfully. If you are planning on partying, do it safely and take
precaution. 5 to 30 years in prison is a long time to sit thinking
about an accident that could have been avoided. Should you or anyone
you know be involved in a traffic incident, whether sober or under the
influence, contact Bloom Legal at 504-599-9997 with any questions you
may have and for a free consultation.

Court efficiency strategy has support of adversary lawyers, but not judges

January 23rd, 2010 | Posted in Courts, Local Issues by bloom | No Comments »


By Laura Maggi, The Times-Picayune
January 22, 2010, 11:05PM
leon_cannizzaro_gallier_hall.JPGTed Jackson, The Times-Picayune archiveDistrict Attorney Leon Cannizzaro was photographed on the night of his State of the Criminal Justice System address Jan. 19 in Gallier Hall.

In a rare example of cooperation between two institutions created to be adversarial, the Orleans Parish district attorney and public defenders offices believe they have come up with a way to work more efficiently: change the method of assigning cases at Criminal District Court.

Although they agreed to the plan months ago and introduced it to the judges last fall, the proposal has faltered, with judges thus far unwilling to implement the new system. This week, Orleans Parish District Attorney Leon Cannizzaro upped the pressure, giving a public address before key players in the criminal justice system that highlighted the proposal as crucial to improving the prosecution of crime,

Notably, the judges did not attend his speech.

Although the topic seems procedural, Cannizzaro said in an interview this week he believes changing the way cases are distributed to the 12 criminal court trial is a key component of improving the prosecution of violent crime. Chris Flood, deputy director of the Orleans public defenders, agrees, saying the system Cannizzaro proposes would help his time-strapped defense attorneys better represent their indigent clients.

Currently, cases are allotted to a particular judge’s section only after the district attorney files charges, which may occur up to 60 days after a defendant is arrested. Under the DA’s proposal, worked out with assistance from the Vera Institute of Justice, a New York-based nonprofit that has been working in New Orleans, a case would be preassigned to a courtroom from the moment of arrest, given to a particular judge based on the day the alleged crime was committed.

Because prosecutors are assigned to specific sections of court, the change would mean that a case would not get bounced from one lawyer to another.

“It allows us to keep one single individual prosecutor involved with prosecuting the case from its inception all the way through the trial process,” Cannizzaro said.

Flood said his attorneys are compelled by state law and national standards to represent defendants from the moment of arrest. Knowing which section of court the case was heading to would allow him to assign the cases to attorneys on that basis, he said.

This change would end the current reality for public defenders, who now run from section to section, trying to keep up with clients. It’s a situation that sometimes seems to annoy the criminal court judges, who often question the whereabouts of a particular public defender.

jon_wool.jpgJon Wool is the Vera Institute project director in New Orleans.

Jon Wool, the Vera Institute project director in New Orleans, said the proposal would mean just a few public defenders would be handling cases in a particular courtroom. That means when a judge is ready to move on a case, the defense attorney would be close at hand, he said.

It would be an arrangement very similar to the pre-Katrina method of public defense, when attorneys were assigned to sections of court and picked up cases after charges were filed. “It gets them closer to what they used to have: their own public defenders who worked in their sections,” Wool said.

In a statement issued on Friday, the criminal court judges stated that changing the allotment system would violate provisions of the judicial code of conduct requiring them to operate independently of the other parts of the criminal justice system.

The judges noted that the district attorney can file a bill of information at any time, which effectively assigns the case to a court section. “To engineer the process otherwise is not the best interest of the citizens,” the statement said, without further explaining the point.

The criminal court judges skipped the State of the Criminal Justice System address that Cannizzaro gave at Gallier Hall on Tuesday, where the proposal was first announced publicly. In a statement issued around the same time the district attorney began speaking, Chief Judge Arthur Hunter said the judges declined to attend to avoid any “appearance of impropriety.”

Cannizzaro said the judges, in a letter to his office, raised unspecified concerns about due process for defendants if the allotment process was changed. Wool said he has researched various systems across the state and believes it would not violate any state or federal standards.

The proposed system is used by the 19th Judicial District Court in Baton Rouge, which, like the New Orleans courts, divides the duties of judges into criminal and civil jurisdictions. The system has yet to produce any “challenges or disagreements,” said Jo Bruce, the judicial administrator, adding that she believes it fits the Louisiana Supreme Court mandate that allotment of criminal cases is done on a random basis.

“That is pretty random in that we are pretty sure that most crimes are not committed by criminals who look up to see if a (particular) judge is on duty,” Bruce said.

Cannizzaro said the allotment change would allow him to break up his screening division, which now reviews police reports and talks to officers about the facts of a case. Those prosecutors decide whether to accept a case for prosecution, but then hand it over to another set of prosecutors assigned to a particular section of court. That group handles the trial work.

If the system was changed, one group of prosecutors could be involved both in the initial review of the facts of a case and the actual prosecution, he said.

The division between a group of prosecutors who screen cases and those who actually try the cases is not the norm throughout the country, Wool said.

Along with asking the judges to change the allotment system, Cannizzaro said he plans to move all nonviolent misdemeanor cases away from criminal court to New Orleans Municipal Court. That change, which is expected to occur within weeks, the district attorney can make on his own, without the approval of the judges.

The transfer of these minor cases — many of them arrests for first-offense marijuana possession — will help unclog criminal court dockets, Cannizzaro said. This will give judges more time to spend on the increased number of felony cases his office has been prosecuting, he said.

Orleans district attorney promises restoration of faith in criminal justice system

January 20th, 2010 | Posted in Courts, Local Issues by bloom | No Comments »


By Gwen Filosa, The Times-Picayune
January 19, 2010, 8:49PM
leon-cannizzaro-speech.JPGTed Jackson / The Times-Picayune’We must be willing to think differently today, to work together to build a more modern system,’ District Attorney Leon Cannizzaro said Tuesday.

Prosecutors and police will continue restoring the public’s faith in the criminal justice system by joining forces and reaching out to vulnerable victims and witnesses, Orleans Parish District Attorney Leon Cannizzaro said in a speech Tuesday that laid claim to making significant strides in his first year in office and proposed specific institutional changes at the local courthouse.

“To the criminal element, let me say, ‘We are back in business and we never close,” Cannizzaro said to applause during his first State of the Criminal Justice System address delivered at Gallier Hall that attracted top officials from the city’s Police Department, along with U.S. Attorney Jim Letten and FBI Special Agent in Charge David Welker.

“To the community at large, I make this plea: If you see or, God forbid, are a victim of crime, please report it,” said Cannizzaro, who hired a team of counselors and social workers to help guide victims and witnesses through the prosecution process. “Our victim and witnesss assistance program can help you. We cannot be effective without the trust and cooperation of the community.”

He added a caveat to anyone who intimidates a victim or witness: “I promise to pursue you equally as hard as the criminal you are attempting to protect.”

Cannizzaro, a 22-year veteran judge at Criminal District Court and the 4th Circuit Court of Appeal, was elected by 62 percent of the vote Nov. 4, 2008, and took office weeks later.

“When I got here, the office was suffering,” Cannizzaro said. “And not only was the entire criminal justice system under siege, the public’s confidence in the system was nonexistent. For the past year, I have refused to accept the status quo. We must be willing to think differently today, to work together to build a more modern system. We must reject the attitude that change is bad simply because we have always done the same things in a certain way.”

Cannizzaro cited statistics that about 14 months later show his office is prosecuting more cases and assisting six times more victims and witnesses than his predecessors, Eddie Jordan, who took office in 2002 and resigned amid scandal by October 2007, and Harry Connick, whose 29-year tenure ended in 2002 when he chose not to run again.

“In 2002, the DA’s office refused 49 percent of the cases brought to it by NOPD,” he said. “In 2008, the DA’s office was still refusing 39 percent of cases brought to it by police. Last year, the office accepted more than 86 percent of the cases brought in.”

Better communication and cooperation between NOPD and the DA’s office has already produced “substantial results,” Cannizzaro said.

Cannizzaro lauded the New Orleans Police Department as “honest and dedicated front-line soldiers in our war on crime. We know that you are working hard, and we ask the community to join us in recognizing your devotion to this city.”

Before Cannizzaro took office, police officers felt stymied by the rates of refusal they were greeted with when bringing cases to the DA. “The attitude was that the office was rejecting their work without explanation,” Cannizzaro said.

Under Cannizzaro, prosecutors respond to every homicide and rape crime scene along with police, counseling services are provided to victims and witnesses, and changes have been made so that his office can concentrate on the most violent cases on the court dockets.

Cannizzaro said he has already asked the judges at Criminal District Court to adopt a rule that would change the time frame in which criminal cases are randomly allotted to the 12 trial sections at Tulane and Broad. Instead of waiting, Cannizzaro wants cases allotted to a section of court from the time of arrest, a policy change supported by the public defenders program.

Also, Cannizzaro announced Tuesday that his office wants to “sharpen its focus on murderers, rapists and robbers who are terrorizing our streets,” by clearing out nonviolent misdemeanor cases from Criminal District Court.

“We will begin transferring nonviolent misdemeanors to Municipal Court in the coming weeks,” he said, including the volume of marijuana possession cases that clog the court dockets daily. “I am not advocating for the legalization of marijuana or even the decriminalization of marijuana. I am simply advocating for a change in venue from Criminal District Court to Municipal Court.”

The Criminal District Court judges chose not to attend the DA’s speech Tuesday, after taking a vote that it would be a violation of the Code of Judicial Conduct that states a judge shall avoid the appearance of impropriety in all activities.

Tuesday night at Gallier Hall was indeed a political event, attracting mayoral candidates Rob Couhig and John Georges, along with City Council Members Cynthia Willard-Lewis, Jackie Clarkson and Arnie Fielkow, who are all seeking another term; Criminal Sheriff Marlin Gusman, and judicial candidates running for Civil District Court and Juvenile Court.

Cannizzaro, who read the prepared speech, said, “This proposed change is not an indictment of criminal court judges, nor is it an indication that I lack faith in their administrative skills. I am attempted to ease burdens on their time so they can focus on violent crimes.

“We are bringing more violent felonies to Criminal District Court,” he said. “In the coming year, we will bring even more violent offenders to the court.”

Cannizzaro noted one double murder case from 2009 that went from arrest to conviction in less than seven months: Jackie Green, the New Orleans man found guilty of shooting dead his ex-wife and a man who was visiting her home.

“I believe that even the most serious felonies, including murders, can be brought to trial in less than 12 months rather than the years it takes presently to get these matters to trial,” he said.

He promised to install “vertical prosecution,” meaning that one prosecutor works the case from the time of arrest through trial.

Cannizzaro recognized the Rev. John Raphael of New Hope Baptist Church, a former NOPD officer for 15 years, who has spent thousands of his own dollars to reward neighborhood children for good grades. Cannizzaro said he also runs the Way Out Program to provide job training.

“Thank you, for you are truly the front line soldier in our war against crime,” Cannizzaro said. “You are a peacemaker. As Christ said in the Gospel of St. Matthew, ‘Blessed are the peacemakers, for they are the children of God.’”

Cannizzaro implored the crowd of city, state and federal leaders to “look into the eyes of the next generation of youth” in New Orleans, those children who survived the devastation of Hurricane Katrina.

“Those eyes have seen enough mayhem to last two lifetimes,” he said. “If to no one else, we owe a brighter future to that generation of New Orleans. The road will be long and require reform far beyond the corner of Tulane and Broad.”

NOLA’s Times Picayne Sues for Public Access to Crime Records

April 25th, 2008 | Posted in Courts, Local Issues by bloom | No Comments »

Since Katrina, there hasn’t been access to crime information for locals like folk in other parts of the country get all the time.  For example, over in San Antonio, anyone interested in the number of crimes in their neighborhood just surfs over to a website provided by the city or calls the SAPD for details. 

Today, the NOLA Times Picayne got sick and tired of the whole mess and filed a lawsuit.  Looks like things will change pretty soon.  There’s a hearing set for May 23rd.

What about Privacy after an arrest?

Meanwhile, what if you are arrested and you’re rather not have your neighbors know about it?  What if your husband or son gets popped for a DUI during JazzFest, this isn’t something that you want everyone to know, right?

Well, relax.  The information doesn’t give out names and other identifying information, just that arrests have been made.  You’re still innocent until proven guilty – even if the gossips never seem to remember that, or think that way.�

Available 24/7. Call 1-877-NOLATIX for immediate help.