Termination of the LACDL Immate Tracking Blog

Most prisoners evacuated from facilities in the parishes affected by hurricanes Katrian and Rita have nowbeen moved from the facility where they were when they were interviewed. As a result our information had become outdated. As a result we have decided to shut down the Inmat Tracking Blog. Families of evacuated prisoners who have questions, can send an e-mail to any of the following for information:

Julie Kilborn - juliekilborn@msn.com

Phyllis Mann – phyllis@kricket.net

Rachel Jones - rachelj@thejusticecenter.org

Neal Walker - nealw@thejusticecenter.org

Meg Garvey - meggarvey@hotmail.com

Devastation and Despair, Your Help is Desperately Needed

A Message from Julie Kilborn
NACDL Hurricane Disaster Relief Liaison

November 15, 2005
Baton Rouge, Louisiana

As criminal defense attorneys, we are all accustomed to lending a helping hand to the troubled and downtrodden. When our clients are arrested, we are there for them. When a colleague is facing contempt charges, we rise to assist. With the devastation and despair left behind by Hurricanes Katrina and Rita, criminal defense attorneys in the Gulf Coast region are in dire need of your help. This message is a plea to every member of the National Association of Criminal Defense Lawyers to step up to the plate and offer a helping hand to those in desperate need. The bottom line is that every attorney affected by the hurricanes needs money. They need a place to live, food to feed their families, and some way to clothe themselves and their children. None of this happens without money.

For seven weeks now, I have been the liaison for NACDL in assisting lawyers displaced and affected by Hurricanes Katrina and Rita. We have disbursed almost $190,000 thus far in individual grants to 150 criminal defense attorneys. There are still, however, dozens of pending requests for individual grants and that number rises every day. Daily, more affected lawyers seek help by applying for an NACDL grant. They represent more than $40,000 in grant requests.

The average individual grant size is a little over $1,300. Not much, it may seem to some. Yet each time I tell displaced attorneys that their grants have been approved, the relief in their voices is almost overwhelming. Grown men have cried when I told them their NACDL grant has been approved. Others have told me that “NACDL is faster and better than the federal government,” and “NACDL was there from day one, and I’m so proud to be a member of such an awesome organization.” Every grant recipient thanks NACDL profusely during our phone call and their appreciation is immense.

In administering these grants, I have been told several stories of destruction and despair. Many of the victims of Katrina and Rita have truly lost everything. In Mississippi, homes were reduced to mere slabs. In south Louisiana, what the wind and water did not destroy was ruined by mold. And in Texas, hurricane-force winds and water ripped buildings into pieces. Private lawyers have lost contact with their paying clients and public defenders are being laid off because there is no revenue to continue paying them. Courts systems are closed down, in some places indefinitely. Where court is open, lawyers have no business clothes to wear.

Everywhere lawyers need money for books, computers, clothes, paper, pens, paperclips, and file folders. It is as simple as that; there is simply nothing needed more than money. Without your donation, we will have to tell our colleagues that we cannot help them. With your donation, we can continue to overcome the devastation and despair brought about by these natural disasters of biblical proportions.

Make a donation of any size today, and help make a difference. Just click here to donate online. Your tax deductible gift is desperately needed.

Sincerely,

Julie Kilborn
NACDL Hurricane Disaster Relief Liaison

p.s. A provision in the tax relief package to aid victims of Hurricane Katrina is meant to encourage donations to fund-raising efforts like our Hurricane Disaster Relief Fund. It allows donors who make cash gifts to almost any charity by the end of2005 to deduct an amount equal to virtually 100 percent of their adjusted gross incomes, double the normal limit of 50 percent of income. Check with your tax advisor for more information.

p.p.s. Below are excerpts from some of the more recent grant applications we have received.

I was trapped in the New Orleans Criminal District Court building during the hurricane for 5 days. After I got out I bounced around from state to state . . . I applied too late [to FEMA] to receive the $2,000 grant for expedited assistance and made the mistake of applying for temporary housing grant when I returned home to New Orleans, so I did not get the $2,300 check for housing assistance. I have received nothing from the government to help me survive. . . . I lost my car during the storm. My house did not get much damage, but it is infested with mold.

The funds are needed to purchase clothing (suits), a computer, a printer, filing cabinets, and other office supplies.

My home had two feet of salt water which surged from the Gulf of Mexico from Hurricane Rita on September 24, 2005. The inside walls of my home have been torn off or cut. I am currently living with friends. I am a single mother . . . I am a sole practitioner. . . . Please help me.

Lost reporters and other law books as well as 19 years of research files and 15 years of documents on the hard drive of my computer. Also lost hard copies of 20 years of briefs. Both home and office were rendered unusable by Katrina. . . .

Click here to read more excerpts from grant applications.

Help Needed for Habeas Actions!

I know many of you have heard my song and dance before, but the need is still great.

Over 8500 detainees were evacuated from the jails and prisons in Orleans, Jefferson, St Bernard, St Charles, St Tammany, and Plaquemines parishes. They were sent to jails and prisons throughout Louisiana (and some to Florida) where they remain. These detainees are: people who have finished serving their sentences and should have been released days and weeks ago; people who are charged with municipal or misdemeanor offenses (failure to pay traffic tickets, begging, obstructing the sidewalk, public intox, etc) who have been in jail for more time than they can get if convicted; people who are charged with minor felonies; people who have probation holds because they missed a payment or pissed dirty or stayed out past curfew. If they are from New Orleans, 30 out of 39 public defenders have been laid off, so most of them do not currently have an attorney – no one will be filing a motion for any of them any time soon. If they are from Jefferson, 2 public defenders have resigned and the remainder are working for ½ pay with lay offs expected by the end of the year; the minutes from Jefferson say things like: “location of defendant unknown – continued without date until defendant returned to JPSO jail.” If they are from St Bernard, the courts there have no phones and no fax and no internet and nothing is happening for their defendants.

I am attaching a table that shows how many possible habeas plaintiffs there are in each judicial district. We have prepared a form habeas, which we will send to you. We have prepared a draft Schedule A (inmates past due for release) and Schedule B (misdemeanor and non-violent felony pretrial detainees) for each judicial district, which we will send to you. Here is what you have to do:
1. Run docket master on each person on the schedules to verify that the information shown is correct and the person fits the criteria for habeas. (We have already eliminated anyone that we know to have: parole hold; crime of violence; sex offense; charged drug amount e.g. 28-200 grams etc; felon with firearm; serving sentence not yet expires.)
2. Revise the form habeas petition for your petitioners and defendants.
3. Drive to the jurisdiction, file the habeas, get it signed by a judge, serve it on the defendants.
4. Go back to the jurisdiction to have the hearing.
All together, you would be donating about 4 days of your time to handle a single habeas.

Everyone copied on this e-mail is already here and working on habeas petitions.

I understand that many of you have lost your homes, lost your offices, and are still in mourning. If you cannot do it, I understand. But if you can do it, or if you can find someone else who can do it, please let us know.

Phyllis E. Mann
Post Office Box 705
Alexandria, LA 71309
(318) 448-0000
FAX (318) 448-2250
e-mail: phyllis@kricket.net




JDC/
Location Facilities # of plaintiffs Attorney Filing Status Hearing Status
6th
Tallulah Hoyle
JBEvans
Madison
Riverbend 230 possible


26th
Plain Dealing Bossier 205 possible


18th
Plaquemine LCIW 172 possible



8th
Winnfield Winn 142 possible



1st
Shreveport Caddo
Forcht Wade 124 possible



15th
Lafayette Lafayette 122 possible
no info 93


2nd
Homer Wade
Claiborne 120 possible


36th
DeRidder Phelps 101 possible


7th
Vidalia Concordia
River 98 possible


4th
Monroe Morehouse
Ouachita
Richwood 89 possible


19th
EBR EBR 86 possible
no info 23


13th
Ville Platte Pine Prairie
So La Basile 84 possible


37th
Columbia Caldwell Corr
Caldwell Det 37 possible


5th
Oak Grove W Carroll 29 possible


10th
Natchitoches Natchitoches 17 possible


3rd
Farmerville Union 11 possible


11th
Many Sabine 6 possible
7th Catahoula No info



18th Hunt No info
BOP Coleman


28th Jena
LaSalle Attorney- Jones


20th Camp C
Camp D
Camp F, L-Z
Hospice
Rodeo
Dixon Attorneys-KilborneGarvey


33rd Allen 162 Attorneys-Mann, Jones




9th Rapides 37 Attorneys-Cohen, Widder Filed 9/13 Hrg 9/20




48 Attorneys-Walker, Jones Filed 10/14 Hrg 10/19
12th Avoy Corr
Avoy Prison
Avoy Simmes
Avoy Women’s 137 Attorneys- Walker, Jones Filed 10/18 Hrg 10/24



20th Camp F, A-L
New Chapel
New Educ
Old Bible
W. Fel 183 Kilborne Trenticosta Filed 10/24

Status of Inmate Interviews and Tracking

Phylliss Mann reports the following status of inmate interviews and tracking:

thefollowing is a list of the resources compiled and available through Oct 15, 2005 relating to Katrina evacuated detainees and post-Katrina arrests.

Resources Compiled by LACDL Thru 10-15-05 Regarding Katrina and Detainees

Who was in jail on August 29, 2005?

1. Orleans Parish Prison booking print-out, dated Sept. 8, 2005, which purports to be the complete roster of all persons in Orleans Parish Prison facilities as of Aug. 29, 2005
2. Jefferson Parish Sheriff’s Office booking print-out, dated Sept. 13, 2005, which purports to be the complete roster of all persons in the Jefferson Parish jail[s] as of Aug. 29, 2005

Who came into DOC custody from the effected parishes?

3. DOC print-out, dated Sept. 28, 2005, entitled: “All Offenders Evacuated - Katrina” showing a total of 8316 names
4. Earlier version of #3: DOC print-out, dated Sept. 22, 2205, showing a total of 8080 names
5. Earlier version of #3: DOC print-out, dated Sept. 18, 2005, showing a total of 7730 names
6. Earliest version of #3: DOC print-out, dated Sept. 13, 2005, showing a total of 7299 names

Who are these people being held by the DOC?

For each person named in the tables below (with a relatively small number of exceptions), we have an Inmate Intake Sheet completed for that person showing names and contact information for family members, any special needs or problems the person was having, procedural status of their case, name of attorney if known, and occasionally notes relating to their experiences during and following the hurricane

7. Allen Correctional Center, table of people held (and case status) as of Oct 4, 2005
8. Avoyelles Correctional Center (male & female), table of people held (and case status) as of Sept 21-22, 2005
9. Avoyelles Parish Prison, table of people held (and case status) as of Sept 23, 2005
10. Avoyelles Simmesport Correctional Center, table of people held (and case status) as of Sept 23, 2005
11. Avoyelles Women’s Cottonport Correctional Center, table of people held (and case status) as of Sept 23, 2005; all female
12. BOP Coleman, Florida, table of people held
13. Bossier Parish Penal Farm, table of people held (and case status for some) as of Sept 23, 2005
14. Caddo Correctional Center, table of people held (and case status) as of Sept 16-18, 2005.
15. Caldwell Correctional Center, table of people held (and case status) as of Sept 15, 2005
16. Caldwell Detention Center, table of people held (and case status) as of Sept 28, 2005
17. Claiborne Parish Detention Center, table of people held (and case status) as of Sept 21, 2005
18. Concordia Correctional Center, table of people held (and case status) as of Sept 16-17, 2005
19. Dixon Correctional Center, table of people held (and case status) as of Sept 26, 2005
20. East Baton Rouge Correctional Center, table of people held (and case status) as of Sept 9, 2005; all from Plaquemines except 1
21. Forcht Wade Correctional Center, table of people held (and case status) as of Sept 20, 2005
22. Hoyle Rehabilitation Center, table of people held (and case status) as of Sept 28, 2005
23. Hunt Correctional Center, table of people held as of Sept 5, 2005
24. J.B. Evans Correctional Center, table of people held (and case status) as of Sept 28, 2005
25. Jena (formerly Wackenhut: Jena Juvenile Justice Center), table of people held (and case status) as of Sept 27 & 29, 2005; all from Jefferson Parish; NOTE: Jena facility closed Sunday, October 8, 2005 and all detainees relocated to other facilities
26. Lafayette Parish Correctional Center, table of people held as of Sept 15, 2005
27. LaSalle Correctional Center, table of people held (and case status) as of Sept 28, 2005
28. LCIW (St Gabriel), table of people held (and case status) as of Sept 13, 2005; all female
29. LSP Angola, Camp C, table of people held (and case status) as of Sept 13, 2005
30. LSP Angola, Camp D, table of people held (and case status) as of Sept 14, 2005
31. LSP Angola, Camp F, table of people held (and case status) as of Sept 11-13, 2005; all female
32. LSP Angola, Hospice Chapel, table of people held (and case status) as of Sept 15, 2005
33. LSP Angola, New Chapel, table of people held (and case status) as of Sept 12, 2005
34. LSP Angola, New Education Building, table of people held (and case status) as of Sept 12, 2005
35. LSP Angola, Old Bible College, table of people held (and case status) as of Sept 12, 2005
36. LSP Angola, Rodeo, table of people held (and case status) as of Sept 11-12, 2005
37. Madison Parish Detention Center, table of people held (and case status) as of Sept 15, 2005; all from St Tammany
38. Morehouse Detention Center, table of people held (and case status) as of Sept 27, 2005; all from St Tammany and all DOC
39. Natchitoches Parish Correctional Center, table of people held as of Sept 14, 2005
40. Ouachita Correctional Center, table of people held (and case status) as of Sept 20, 2005
41. Phelps Correctional Center, table of people held (and case status) as of Sept 13, 2005
42. Pine Prairie Detention Center, table of people held (and case status) as of Sept 22, 2005; all from St. Tammany Parish
43. Rapides Parish Detention Center III, table of people held (and case status) as of Sept 7, 2005
44. Richwood Correctional Center, table of people held (and case status) as of Sept 29, 2005
45. River Correctional Center, table of people held (and case status) as of Sept 27, 2005
46. Riverbend Detention Center (male & female), table of people held (and case status) as of Sept 27, 2005
47. Sabine Parish Detention Center, table of people held as of Sep 12, 2005; all from Orleans
48. South Louisiana Correctional Center (Basile), table of people held (and case status) as of Sept 21 and 30, 2005
49. Union Parish Detention Center, table of people held (and case status) as of Sept 29, 2005
50. Wade Correctional Center, table of people held (and case status) as of Sept. 25, 2005
51. West Carroll Detention Center, table of people held
52. West Feliciana Parish Detention Center, table of people held (and case status) as of Sept 9, 2005
53. Winn Correctional Center, table of people held (and case status) as of Sept 20, 2005
54. Miscellaneous, table of people whose names show up on a list somewhere, but for whom we do not have an interview sheet
55. Compiled list of all tables prepared from all facilities

Who has been released from jail?

56. DOC print-out produced to us on October 12, but showing releases and transfers to other law enforcement agencies through October 6 (with one name showing released on October 7)

Who is not accounted for?

57. Working list of the missing: names shown on the OPP booking log printed Sept 8, 2005, but not showing up on either the DOC most recent list of received evacuated detainees or on our compiled list of all evacuated detainees
58. Working list of names shown on our compiled list of evacuated detainees, but not shown on the DOC most recent list of evacuated detainees

Post-Katrina arrests:

59. DOC list dated Sept 28, 2005 showing 353 people arrested post-Katrina and whether released or detained

Litigation

60. Rapides Parish habeas, filed Sept 13, 2005 on behalf of 30 detainees being held past their release dates in Rapides Parish Detention Center III; 7 names were supplemented; of the total of 37 included in the habeas, 19 were ordered released at the hearing held Sept 20, 2005
61. Federal 1983 action, filed Sept 20, 2005 on behalf of 94 female detainees being held past their release dates in LSP Angola, Camp F; of the 94 women included in the suit, 81 were ordered released between Sept 22 and Oct 14, 2005
62. Federal habeas, filed Sept 28, 2005 on behalf of 33 male detainees being held past their release dates in 5 different facilities; of the 33 men, 11 were ordered released on Sept 28 and 29, 2005
63. Oral motion for ROR bond, made between Oct 3 and 10, 2005, on behalf of 48 male misdemeanor pretrial detainees: Schedule A (14 of 16 released ROR); Schedule B (15 names, outcome pending) Schedule C (17 names, outcome pending)
64. La. Supreme Court emergency motion to allow habeas to be heard in Baton Rouge on behalf of all detainees, filed Oct 6, 2005 on behalf of 40 male detainees being held past their release dates in 6 different facilities. On Oct 13, 2005, the Supreme Court denied the motion 4 to 3 (Calogero, Johnson, and Wiemer would have granted)
65. Orleans motion to modify bail, filed Oct 11, 2005, on behalf of 29 male felony pretrial detainees whose cases have not been allotted; case is pending with no hearing date set
66. Orleans habeas, filed Oct 13, 2005, on behalf of 14 male pretrial detainees held in various facilities. Hearing set Tues, Oct 18, 2005.
67. Rapides habeas, filed Oct 14, 2005, on behalf of 48 male detainees both past due release dates and misd and fel pretrial. Hearing set Wed, Oct 15, 2005 at 9:30 a.m.

Louisiana launches hurricane bridge loan program

FOR IMMEDIATE RELEASE MONDAY, OCTOBER 17, 2005 www.gov.state.la.us
CONTACT: DENISE BOTTCHER or RODERICK HAWKINS 225-342-9037

LANA SONNIER Louisiana Economic Development 225.342.5406 sonnier@la.gov


Louisiana launches hurricane bridge loan program

Governor Blanco announces $10 million to fund interest-free business loans

October 17, 2005 - Baton Rouge, LA - Governor Kathleen Babineaux Blanco and officials from Louisiana Economic Development (LED) and the Louisiana Public Facilities Authority (LPFA) today launched the Louisiana Bridge Loan Program. The program will provide "gap funding" for businesses waiting for government assistance, insurance funds or other programs that are expected to provide a source for repayment of these loans.

The program will be administered by LED through a number of Louisiana-based financial institutions. Under Governor Blanco's direction, the state's $10 million Rapid Response Fund has been reallocated to act as seed funding for the initial round of loans. The state has also requested an additional $200 million from Congress to continue the bridge loan program.

"We are moving quickly to help businesses in critical need of capital. This will help businesses that are already approved for funds, but are desperately waiting for the red tape to clear and the funds to be transferred into their accounts," said Governor Blanco. "By working with the private sector we have crafted a plan that will put cash into the hands of business owners who need it. This program is a valuable first step and a joint public-private sector model for future aid programs."

"It is important that we provide leadership and direction at a state level by immediately making assistance available to business owners trying to meet payroll, repair equipment or find other ways to restart their operations," said LED Secretary Michael J. Olivier. "By partnering with the private sector we can more quickly and efficiently put Louisiana dollars to work for Louisiana business owners."

Louisiana Bridge Loans are interest-free for up to 180 days. Through private sector financial institutions, funds will be available within three to five days of application by eligible businesses. Eligible businesses are those located in the regions directly affected by hurricanes Katrina and/or Rita, have been in business for at least one year and maintain an acceptable credit rating.

"Every day, every hour that we do not have the funds to reach out and give employees a reason to return they are making new lives somewhere else," said New Orleans-based Hubig's Pies owner Drew Ramsey. "We need the funds now to get them and us back to work."

"Everyone is talking about the federal assistance coming. But I cannot pay bills with that and haven't had revenue since Katrina," said Lawrence Morrow, owner of Gumbeaux Magazine of Lake Charles. "This bridge loan is the life line we need to get back up-and-running now."

The two page application and program information is available at www.LEDforward.louisiana.gov www.lpfa.com and at participating financial institutions. Applications should be completed and submitted in-person at one of the 15 participating financial institutions.

"Our partner financial institutions are providing a critical service to businesses within their own communities," said James W. Parks, Louisiana Public Facilities Authority President and CEO. "Every bank has made the commitment to review and approve eligible businesses within five days so these funds can immediately put Louisiana businesses back to work. It is vital that we make these loans available."

For more information, visit www.LEDforward.louisiana.gov www.lpfa.com

###

The Louisiana Disaster Recovery Foundation (LDRF), Louisiana's fund for Louisiana's people, has been established by Governor Kathleen Babineaux Blanco in order to support long-term family restoration and recovery and help provide assistance to our citizens in need through a network of Louisiana charities and non-profit agencies.

1-877-HELPLA1 (877-435-7521) www.louisianahelp.org www.lpfa.com

Orleans Court's plans to re-open on Tuesday October 25th.

On 10-18-05 Julie Kilborn reports:

I have just been on the phone with Laurie White, Tilden Greenbaum, and Dwight Doskey about Orleans Court's plans to re-open on Tuesday October 25th. Tilden and Dwight are preparing to file motions to reduce bond and/or ROR for cases set in Orleans as well as motions ruling the state into court to state whether they do or do not have evidence in each case.

If anyone is interested and able to assist Tilden and Dwight, please contact me.

Julie Kilborn
225.338.0235
225.338.1948 (fax)
julie@brcco.org

Release plan for prisoners called unfair, By Penny Brown Roberts

From the Baton Rouge Advocate Release plan for prisoners called unfair

By PENNY BROWN ROBERTS

Advocate staff writer

The Louisiana Department of Corrections has been freeing evacuated prisoners in alphabetical order 35 at a time -- even though hundreds more have already served their sentences and should be out.
DOC spokeswoman Pam Laborde said Thursday the agency has released more than 675 inmates -- most of them facing misdemeanor charges in Orleans Parish. She did not have statistics on how many others are eligible for freedom.

Julie Kilborn, one of a dozen volunteer attorneys and investigators working on the cases for the National Association of Criminal Defense Lawyers, called the process "really slow" and "arbitrary."

"It's absolutely true more people are eligible for release," Kilborn said. "The problem with releasing them in alphabetical order is that if you were scheduled to be released in September and your name starts with a 'W,' you're going to sit there until DOC gets to your name. Their process is completely unfair and arbitrary. There's no reason for it."

However, Laborde said DOC releases a few dozen at a time so as not to "overwhelm any particular geographical area" with waves of ex-prisoners.

"We don't want to just en masse release hundreds of them all over the state of Louisiana and not have anywhere for them to go," Laborde said. "We're not just putting them out on the street; we're actively trying to find a family member or a shelter we can bring them to because a lot of these people are from Orleans Parish and they don't have any place to go. Thirty-five a day is a manageable number for us to find a place for them to go."

Hurricane Katrina forced the evacuation of 8,200 inmates from Orleans, Jefferson, St. Bernard and Plaquemines parishes to state prisons and other parish jails.

At issue are an untold number held on misdemeanor offenses such as public drunkenness, trespassing, disturbing the peace, prostitution, lewd conduct or even traffic violations. Some are being imprisoned beyond their release dates; others have never made an appearance in court.

Last month, U.S. District Judge Jay Zainey of New Orleans ordered the release of 16 such inmates who had served more than their time. They were among 94 who filed a class-action lawsuit demanding their freedom.

Since then, other inmates have filed at least a half-dozen similar lawsuits in Baton Rouge federal court.

Laborde said authorities are identifying prisoners eligible for release "in waves." DOC frees each one with $10 and bus tickets to destinations in Louisiana, Alabama, Mississippi, Texas, Arkansas or Tennessee, or transportation to a shelter.

Still in limbo are pre-hurricane arrestees who have never had a bond hearing. Orleans Parish judges tentatively scheduled a news conference at Elayn Hunt Correctional Center in St. Gabriel today to lay out their plans.

The destruction of criminal records in hurricane-ravaged parishes -- as well as the scattering of court workers -- caused some of the delay.

Kris Wartelle, a spokeswoman for the Louisiana Attorney General's Office, which is getting judges to order releases, said the agency is "trying to help reconstruct the entire criminal-justice system as well as civil-court system for almost one-third of the state."

Authorities now have Orleans Parish Prison booking records listing the names, offenses and release dates for all those inmates. However, records in St. Bernard and Plaquemines parishes were damaged by flooding, said Julie Cullen, director of the Louisiana Attorney General's Office Criminal Division.

Once they are reviewed, more prisoners could be freed.

Said Laborde: "It's a big challenge all around."

Click here to return to story:
http://www.2theadvocate.com/stories/100705/new_release001.shtml

Governor Announces Special Session

On October 7, 2005 Governor Kathleen Babineaux Blanco announced that a special session of the Louisiana Legislature to consider hurricane recovery measures is scheduled to begin on November 6th, 2005. The 12-day session will be narrowly focused, allowing legislators to concentrate on urgent matters. The special session will be convened by a proclamation of the Governor to begin at 5 p.m. on Sunday, November 6th and end by 6 p.m. on Friday, November 18th.

In addition to the November special session, Governor Blanco anticipates the need for possibly calling a special session in January 2006. It is expected that the revenue estimating conference, which meets later this year, will identify revenue problems which will need to be addressed before the 2006 Regular Session.

D.C. Court of Appeals to Assist Attorneys Affected by Hurricane Katrina

FOR IMMEDIATE RELEASE Contact: Leah Gurowitz 879-1700 September 20, 2005


D.C. Court of Appeals to Assist Attorneys Affected by Hurricane Katrina
-- Lawyers from affected states allowed to temporarily locate practice in DC --.


WASHINGTON, D.C. – Chief Judge Eric T. Washington of the D.C. Court of Appeals announced today that the Court has issued an Order making it clear that attorneys displaced by Hurricane Katrina may temporarily operate their practice in D.C. without running afoul of the Unauthorized Practice of Law rules. “We realize that there are lawyers from Louisiana, Mississippi and Alabama who may want to conduct their practice from the District, temporarily. In an effort to lighten the burden of their evacuation and relocation process, and to assist the justice systems in the affected states, the Court has made it clear that attorneys displaced by Hurricane Katrina can temporarily practice from the District of Columbia without running afoul of Rule 49 of the District of Columbia Court of Appeals which governs the unauthorized practice of law,” said Chief Judge Washington. “This Court wants to do everything it can to assist the courts, the parties, the judges and the lawyers in Louisiana, Mississippi and Alabama.

The order issued today by the full D.C. Court of Appeals allows attorneys displaced by the hurricane to “practice law until February 28, 2006, from a location in the District of Columbia as if the attorney were located in the attorney’s home jurisdiction.” Attorneys practicing under this rule are responsible for making clear to clients that they are not admitted to practice in the District of Columbia. A memorandum and copy of the order were sent to the BarAssociations and Supreme Courts of Louisiana, Mississippi and Alabama, as well as the American Bar Association.

Chief Judge Washington closed his memorandum to his colleagues in the affected region by expressing the Court’s sympathy over the tragedy: “We share the nation’s sorrow over the tragedy that has befallen your states, and hope that this accommodation to your states’ attorneys will aid in the restoration of a fully functioning system of justice…”




September 20, 2005

TO: Supreme Courts of Louisiana, Mississippi and Alabama
State Bar Associations of Louisiana, Mississippi and Alabama
American Bar Association

FROM: Eric T. Washington
Chief Judge

SUBJECT: Temporary Admission to Practice Law from the District of Columbia

The District of Columbia Court of Appeals and the District of Columbia Bar offer our best wishes in your efforts to recover from the disaster wrought by Hurricane Katrina and to re-establish a functioning system of justice in your states. At the request of the Presidents of the District of Columbia Bar and the American Bar Association, the District of Columbia Court of Appeals has approved an order clarifying the court’s rules regarding the unauthorized practice of law to permit lawyers from your states who were displaced by Hurricane Katrina to continue to practice while temporarily residing in the District of Columbia. The rule permits lawyers from your states, who are in good standing, to practice law until February 28, 2006, from a location in the District of Columbia as if they were located in the attorney’s home jurisdiction. Enclosed is a copy of the subject order, which was filed this date.

We share the nation’s sorrow over the tragedy that has befallen your states, and hope that this accommodation to your states’ attorneys will aid in the restoration of a fully functioning system of justice in Louisiana, Mississippi and Alabama. Please feel free to call upon me or my colleagues if we can be of further assistance during these difficult times.

1 Enclosure


District of Columbia
Court of Appeals



No. M-224-05

BEFORE: Washington, Chief Judge; Terry, Schwelb, Farrell, Wagner, Ruiz, Reid, Glickman, and Kramer, Associate Judges

ORDER AUTHORIZING PRACTICE OF LAW BY ATTORNEYS DISPLACED BY HURRICANE KATRINA.

WHEREAS Hurricane Katrina has caused widespread devastation that made it impossible to live or practice law in substantial portions of Louisiana, Mississippi, and Alabama, and forced thousands of residents to relocate to other jurisdictions, including the District of Columbia;

WHEREAS the evacuees include attorneys licensed in those states with professional obligations to their clients;

WHEREAS the District of Columbia Bar and the American Bar Association have asked that courts accommodate the practice needs of lawyers displaced by Hurricane Katrina; and

WHEREAS it is in the interests of justice to avoid uncertainty about whether Rule 49 of the Rules of this Court permits displaced lawyers to continue to practice while temporarily residing in the District of Columbia;

Now, therefore, it is hereby ORDERED that:

Notwithstanding anything in Rule 49, an attorney who is an active member in good standing of the bar of the highest court of Louisiana, Mississippi, or Alabama, and who has been displaced from the attorney’s home jurisdiction due to Hurricane Katrina, is permitted to practice law until February 28, 2006, from a location in the District of Columbia as if the attorney were located in the attorney’s home jurisdiction.

Any attorney practicing law from a location in the District of Columbia pursuant to this Order shall inform clients and other persons to whom the attorney holds out as an attorney that the attorney is not admitted to practice in the District of Columbia.

ENTERED BY DIRECTION OF THE COURT



GARLAND PINKSTON, JR., Clerk


September 20, 2005

Traffic court back in session in Jefferson Parish

from the Times-Picayune

Attention, bad drivers: Traffic court back in session in Jefferson Parish
5:17 p.m.

By Matt Scallan
East Jefferson bureau

In what surely is an unwelcome sign of normalcy for some, traffic court in Jefferson Parish is back in business.

First and Second Parish courts opened Monday for the first time in five weeks, and court officials urged drivers who missed court dates because of Hurricane Katrina and Rita evacuations to stop by to resolve pending cases.

"We're asking people to just come in, or if they can't come in to call us," Judge Rebecca Olivier of First Parish Court said.

Even people with outstanding warrants won't be arrested if they try to resolve their issues, said Judge Stephen Gefer of Second Parish Court.

"We've instructed our staff to work with people," he said. "We want to help anyone who is trying to do the right thing."

The district attorney's office has assigned assistants to stay in court all day to handle traffic matters, unlike the normal routine in which traffic is limited to the evening schedule.

Parish courts handle traffic and misdemeanor cases, which include first- and second-offense drunken driving, shoplifting and battery cases, as well as small civil matters.

The buildings that house First Parish Court in Metairie and Second Parish Court in Gretna suffered some storm damage. But no information in the computer systems has been lost, court administrators said.

More than 30 people waited in line at Second Parish Court on Monday. Gilbert Higgerson of Bridge City, who hoped to deal with a citation for running a stop sign, leaned against a column in the building's lobby near a sign that said "Contempt Department." He wore an expression that said he wished he were somewhere else.

"It looks like everybody went to lunch at the same time," he grumbled. "They should let them go in shifts."

Still, traffic was light in both courts. Grefer said no more of the 10 of the 120 people scheduled for Monday's docket showed up.

"That's not really surprising, given the number of people who have evacuated," he said.

Under normal circumstances, arrest warrants would be issued for the no-shows. But considering the havoc wreaked by two hurricanes, Grefer said the court is being more flexible. First Parish Court Administrator Bea Parisi said her staff re-programmed the court's computers to eliminate its normal commands to sic law enforcement agencies on no-shows.

"There are procedures in place, but we're overriding some of that because of the circumstances," she said.

That doesn't mean that the court will be so understanding forever, Olivier said.

"Anyone has a case before us really needs to come in as soon as they can," she said.