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STATE OF LOUISIANA DEPARTMENT OF STATE CIVIL SERVICE $411r * LOUISIANA BOARD OF ETHICS t • ',I P0 BOX 4368 BATON ROUGE,LA 70821 \ $$$ (225)219-5600 FAX (225)381-7271 1-800-842-6630 wwwethics.la goy December 17, 2018 Barbara Baier 301 Main Street, Suite 700 Baton Rouge, Louisiana 70825 Re: Ethics Board Docket No. 2018-1417 Dear Ms. Baier: The Louisiana Board of Ethics, at its December 14, 2018 Board meeting, considered your request for an advisory opinion regarding whether an attorney working as an independent contractor with a Public Defender's Office in any given judicial district court throughout Louisiana is required to complete a minimum of one hour of ethics training annually pursuant to R.S. 42:1170A(3)(a)(I). Each public defender's office may contract with local attorneys to represent indigent defendants on a full-time or part-time basis. These contract attorneys are independent contractors and generally have a private practice. La. Const. Art. 1 § 13 provides that when any person has been arrested or detained in connection with the investigation or commission of any offense, he shall be advised fully of the reason for his arrest or detention, his right to remain silent, his right against self-incrimination, his right to the assistance of counsel and, if indigent, his right to court appointed counsel. At each stage of the proceedings, every person is entitled to assistance of counsel of his choice, or appointed by the court if he is indigent and charged with an offense punishable by imprisonment. The legislature shall provide for a uniform system for securing and compensating qualified counsel for indigents. La. R.S. 15:141 et seq. created a Public Defender Board which is authorized to regulate public defender services. It defines "public defender" or "indigent defender" as an attorney employed by or under contract with the board, the district public defender, regional director, where applicable, or nonprofit organization contracting with the board, district public defender, regional director, where applicable, or the board to provide legal counsel to an indigent person in a criminal proceeding. This right to counsel attaches under the United States and Louisiana Constitutions. La. R.S. 15:146A(2) specifically states relative to the Public Defender Board that "the board and its agents and employees shall be subject to the Code of Governmental Ethics, the law relative to public records and open meetings, the law relative to public bid and procurement, and all other provisions of law applicable to state agencies. AN EQUAL OPPORTUNITY EMPLOYER