There is a bill in the Louisiana legislature to reduce the number of Orleans Parish Criminal District Court judges from 12 to 9.
The state can save money, legislators say as they push the reduction, justified by a Louisiana Supreme Court report showing that Orleans Parish Criminal District Court has fewer case filings than a number of other parishes.
But the validity of those numbers has been challenged in recent weeks because clerk of court data shows that the number of defendants are twice what’s reported by the court. And because the Supreme Court allows clerks to certify the appropriate number of cases themselves, the state caseload comparisons between parishes have little meaning. There is no uniform definition of what makes a case.
Earlier this week, the Bureau of Governmental Research cited that uncertainty and concluded that, while the size of the judiciary is worth scrutinizing, the current legislation is moving faster than the evidence supports.
Let’s look at the immediate impact this reduction will have on our criminal justice system in New Orleans. The three judgeships represent far more than three individual judges losing their positions. They represent hundreds of cases that will now have to be handled by the remaining nine judges. Even by the very conservative, and likely incorrect, Supreme Court data, that means roughly 1,000 more cases will have to be reallotted between nine judges, on top of the cases they already have on their dockets.
All cases will take longer to resolve.
Many of these cases have a victim, defendant, police officer, witnesses, assistant district attorney and public defender. Victims will wait longer for justice, and some victims — including those who are reluctant or afraid for their safety – are more likely to decide that it’s not worth pursuing charges. Tourists who were victims return to the city for court appearances – and because of court backlogs, may have much to say to others about the dysfunctional New Orleans criminal-justice system.
Defendants will be held longer in jail, some of them because they cannot afford a modest bond. They will wait longer to have their cases heard, which will lead to jail overcrowding and higher costs for the city and taxpayers.
Everything about each case also becomes harder to recreate. For witnesses, memories of crime scenes will fade. Grieving family members and friends may move or leave town, making them harder to find. Assistant district attorneys and public defenders will have no choice but to ask judges to reset cases further down the road. Some defendants may end up being released for a lack of viable case or for violation of their right to a speedy trial.
Convincing victims and witnesses to cooperate is already difficult for police officers, especially detectives. Now, that will become even more difficult. Word on the street will be that cases are backed up in criminal court and who knows when your case will go to trial.
The most effective punishments are swift punishments. If cases are delayed for years, tough sentences do not send the same messages to those still on the street. Plus, retaliation killings will increase, because people whose loved one has been harmed will seek “justice” on the streets if they cannot get it in a courtroom.
To avoid the inevitable chaos that will happen with such a reduction, I am hoping to see a united front, formed together by the mayor, district attorney, chief judge of criminal district court, public defenders, police chief and her officers – especially homicide, domestic violence and sex crime detectives – the sheriff, city councilmembers, Metropolitan Crime Commission, Crime Stoppers, New Orleans Police and Justice Foundation, New Orleans Family Justice Center, Business Council of New Orleans, victims groups and the New Orleans legislative delegation.
Judge Arthur L. Hunter, Jr. (ret.) is an occasional contributor to The Lens. Hunter is a former New Orleans Police Department officer and a retired Orleans Parish Criminal District Court judge.
