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SB 448

PUBLIC DEFENDER: Provides relative to the office of the state public defender. (8/1/26)

2026 Regular Session Introduced by Jay Luneau

Reforms ensure all funds support public defender services only, let districts fund expert witnesses, and bar court fees for indigent cases once indigency is established.

Signed by the Governor. Becomes Act No. 769.
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Bill Summary · SB 448

Summary of Bill SB 448 (2026) – Louisiana Public Defender

Jurisdiction: Louisiana
Session: 2026
Sponsor: Senator Luneau

Effective Date: August 1, 2026

Purpose
- To clarify and strengthen the administration and use of funds related to the Louisiana Public Defender Act.
- To ensure that all funds used for public defender services and indigent defense are dedicated solely to administration and representation of public defender clients, while allowing flexibility to respect local delivery models.

Key Provisions and Changes

1) Legislative Findings and Guiding Intent
- Prohibits all funds received from state appropriations, judicial district indigent defender funds, and local government sources from being used for purposes other than administering public defender services and representing clients.
- Explicitly states that the office must respect local differences in how public defender services are delivered, and that the statute should preserve district public defender programs that meet performance standards in whatever form of delivery the district adopts, provided the delivery aligns with standards/guidelines set by the Office.

2) Judicial District Indigent Defender Fund (R.S. 15:168)
- Creates authority for judicial districts to accumulate funds for retaining expert witnesses.
- The district public defender has discretion over payment administration and which experts are paid.
- Allows indigent individuals who have private counsel to apply for funds for expert witnesses in the same manner as public defender clients, through the district defender with the same requirements as indigent clients.
- Prohibits courts from ordering payment of funds for expert witnesses (or for any other reason) that are administered by the Office or the district public defender.

3) Proceedings to Determine Indigency (R.S. 15:175)
- Keeps the current framework for preliminary indigency determinations: courts must consider whether a person is needy and the extent of their ability to pay, including factors such as income, resources, property, dependents, employment history, and education.
- Adds a new provision that no court clerk may charge or collect filing fees (including convenience fees) for a writ application or appeal when a determination of indigency has been made.

4) Additional Enactment (New Section – R.S. 15:142(G) and 175(E))
- Section 142(G): Reiterates the Office’s role in preserving and guiding delivery of public defender services across districts, ensuring consistency with standards and guidelines adopted by the Office.
- Section 175(E): New provision reinforcing indigency-related procedures and ensuring alignment with the overall indigent defense framework.

What Would Be Affected

  • Administration of public defender funds: State, judicial district, and local funds are constrained to fund public defender services and client representation only.
  • Expert witness funding: Districts may accumulate funds for expert witnesses; administration is at the district defender’s discretion; indigent clients with private counsel can access funds similarly.
  • Court fees for indigent cases: Clerks cannot collect filing or appeal fees when indigent determinations have been made.
  • Delivery models: Local districts retain flexibility in how public defender services are delivered, so long as they meet Office standards and guidelines.

Procedural and Timeline Aspects

  • Effective date: August 1, 2026.
  • Administrative changes apply to how funds are used and how indigency determinations and access to expert funds are handled beginning on that date.
  • No court shall have jurisdiction to order payment of funds for expert witnesses from the Office/district funds (a procedural constraint).

Impact Considerations

  • Financial: Tightens spending lanes, ensuring all funds are used for administering public defender services and client representation; restricts cross-use of funds for non-defender purposes.
  • Operational: Provides clearer authority to districts for retaining expert witnesses and for indigent clients who privately retained counsel.
  • Access to counsel: Maintains/strengthens indigency determinations but removes potential monetary barriers by prohibiting certain court-imposed filing fees for indigent applicants.

Overall, SB 448 reinforces the exclusive use of public defender-related funds, preserves district flexibility in service delivery, expands access to expert resources through district funds (and for indigent clients with private counsel), and removes some court-imposed fee barriers for indigent petitioners.

Compiled from official sources — confirm details with the bill’s official record.

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