If a Louisiana district public defender's one-year contract simply isn't renewed, does the defender get a hearing and investigation under La. R.S. 15:170?

Plain-English summary

The Office of the State Public Defender (OSPD) hires district public defenders by one-year contract. Each defender serves a specific judicial district. The question Rémy Voisin Starns of OSPD asked: when a defender's one-year contract simply expires and is not renewed, does the defender have a right to a hearing and investigation under La. R.S. 15:170?

The AG said no. La. R.S. 15:170 gives a defender a hearing right only when he is disciplined or terminated early. Non-renewal at the end of the contract term is neither of those things.

Why the statute reads the way it does. Act 22 of the 2024 Second Extraordinary Session reorganized Louisiana's indigent defense system, replacing the Louisiana Public Defender Board with the Office of the State Public Defender. La. R.S. 15:146(A)(1) defines OSPD's role as supervising the statewide public defender system. OSPD contracts with district public defenders for one-year terms. A standard contract (the example provided by OSPD) runs July 1 to June 30 and may be terminated for convenience with 30 days' notice or for cause.

The hearing right is tied to "corrective or disciplinary action" or termination for "just cause." La. R.S. 15:170(A)(1) authorizes OSPD to take corrective or disciplinary action when a defender fails to follow standards adopted under La. R.S. 15:148. "Corrective or disciplinary action" includes warnings, sanctions, suspension, demotion, and termination. La. R.S. 15:170(A)(2). Separately, La. R.S. 15:170(A)(3) lets OSPD demote or terminate a defender for just cause, with just-cause grounds listed in La. R.S. 15:170(B): willful refusal to comply with training or performance standards, conviction or no contest plea to certain crimes, willful failure to correct ineffective practices, document client communications, cooperate with OSPD, submit to periodic review, or knowingly making false statements to OSPD.

If a defender believes a demotion or termination was without just cause, he can demand in writing a hearing and investigation within fifteen days (La. R.S. 15:170(C)). All parties get to appear and present evidence (La. R.S. 15:170(D)(7)).

The crucial textual point. The hearing right under La. R.S. 15:170 attaches to two situations: a disciplinary action (warning, sanction, suspension, demotion, termination) and a just-cause termination. Both involve OSPD taking an affirmative adverse action. Letting a one-year contract expire is not an affirmative action. It is the natural end of the contract term. The statute does not give defenders a property interest in continued employment past the contract term.

The AG also noted Section 5 of Act 22, which gave defenders with existing 2023-2024 contracts an option to renew for 2024-2025 (subject to appropriation). But this transitional provision has run its course; it does not create a right to renewal in future years. Beyond the transitional option, a defender has no right to renewal and no right to a hearing on renewal.

The opinion adds a general note that contracts for legal services may be terminated at any time under Louisiana Rule of Professional Conduct 1.16. Act 22 actually gave defenders MORE protection than the default rule, by adding the just-cause and hearing framework. But the framework only operates within the one-year contract term.

What this means for you

If you are a Louisiana district public defender whose contract was not renewed. You do not have a hearing right under La. R.S. 15:170. The statute distinguishes between (1) discipline or early termination, where you can demand a hearing within 15 days, and (2) non-renewal, where you cannot. If your situation involves something OSPD did during the contract term (a reprimand, a suspension, a mid-year termination), you have hearing rights. If your contract simply ran out and OSPD chose not to offer a new one, you do not.

If you are OSPD considering whether to renew a district defender's contract. Document your decision-making process for performance review purposes. You have discretion not to renew, and this opinion confirms there is no hearing right when you exercise that discretion. Be careful, though, that you do not later try to characterize a mid-year termination as a "non-renewal" to avoid the hearing right; courts and the AG can look behind the label.

If you are a defendant in an indigent-defense case whose attorney was a non-renewed district defender. Your representation may be affected if OSPD is rotating in a new defender. Your interest is in continuity and competence of counsel. Ask the court for any necessary continuance or new appointment under the indigent-defense statute and rules.

If you are an attorney representing a district defender in a contract dispute with OSPD. The Act 22 just-cause framework only applies to discipline and early termination. For non-renewal, the analysis falls back on the contract terms and general contract law. Look for any contractual provision that creates an expectation of renewal (some contracts do), and the implied covenant of good faith. Without a contractual hook, the at-will-at-end-of-term default applies.

If you are a state legislator or policy advocate on indigent defense. This opinion clarifies what Act 22 did and didn't do. The Act provides for hearings and just-cause protection during the contract term, but does not lock in defenders past the one-year term. If the policy goal is to provide multi-year stability for district defenders, that would require additional legislation.

Common questions

Q: What is the difference between "termination" and "non-renewal"?
A: Termination is an OSPD action during the contract term that ends the defender's contract before its scheduled expiration. Non-renewal is OSPD's decision not to enter into a new contract after the existing term ends naturally. Termination triggers the just-cause and hearing framework; non-renewal does not.

Q: Can OSPD non-renew a contract without giving any reason?
A: This opinion does not require OSPD to give a reason for non-renewal. The default is that contracts simply expire at the end of their term unless renewed by mutual agreement. OSPD may have internal policies on documentation and notification, but those are administrative, not a source of legal rights for the defender.

Q: What happens when an existing defender is non-renewed and a new defender takes over a judicial district?
A: OSPD selects the new district defender under its statutory authority (La. R.S. 15:146(A)(1)). The transition usually involves handover of case files, notification to clients, and any necessary court motions to substitute counsel.

Q: What about a defender who is "told" his contract will not be renewed but is then asked to leave early?
A: That sounds like an early termination dressed up as a non-renewal. The defender should consider asserting hearing rights under La. R.S. 15:170 within 15 days of when he was effectively forced out. The AG opinion is about contracts that genuinely run to expiration without action by OSPD.

Q: Does Section 5 of Act 22 still matter?
A: Section 5 was a transitional provision: defenders with 2023-2024 contracts could elect to renew for 2024-2025 if their performance and compliance evaluations were satisfactory. The opinion notes those renewals have already happened, and Section 5 does not create rights for future years. The provision is essentially exhausted.

Q: Could OSPD adopt internal rules requiring a notice or rationale for non-renewal?
A: Yes. La. R.S. 15:148 lets OSPD adopt rules for the public defender system. Whether to add internal procedural protections for non-renewal is a policy choice. The opinion is about what the statute requires, not what OSPD can offer voluntarily.

Background and statutory framework

Louisiana's indigent defense system. Louisiana's public defender system covers all 43 judicial districts. The Louisiana Constitution and La. R.S. 15:141 et seq. set up the system. Until 2024, the Louisiana Public Defender Board oversaw the system. Act 22 of the 2024 Second Extraordinary Session reorganized the structure into the Office of the State Public Defender within the Office of the Governor.

La. R.S. 15:146 — OSPD's statutory role. Subsection (A)(1) gives OSPD the duty to provide for "the supervision, administration, and delivery of a statewide public defender system." That includes contracting with district public defenders for each judicial district.

La. R.S. 15:170 — Discipline and just-cause framework.
- (A)(1) Authorizes corrective or disciplinary action for failure to adhere to standards adopted under La. R.S. 15:148.
- (A)(2) Lists corrective or disciplinary actions: warning, reprimand, sanction, suspension (with or without compensation), demotion, termination.
- (A)(3) Permits demotion or termination for just cause.
- (B) Lists nine grounds constituting just cause: willful refusal to comply with training, performance, or documentation requirements; certain criminal convictions; willful failure to correct ineffective practices; willful failure to cooperate with OSPD; willful failure to submit to periodic review; willful failure to submit requested documentation; knowingly making false statements to OSPD.
- (C) Hearing demand right: defender may demand a hearing and investigation within 15 days of an action he believes was without just cause.
- (D)(7) Procedural rights at the hearing: appear in person or with counsel; present evidence.

La. R.S. 15:148. Authorizes OSPD to adopt rules and guidelines for the indigent defense system.

Statutory interpretation. The AG cited Red Stick Studio Dev., L.L.C. v. State ex rel. Dep't of Econ. Dev., 2010-0193 (La. 1/19/11), 56 So.3d 181, and M.J. Farms, Ltd. v. Exxon Mobil Corp., 2007-2371 (La. 7/1/08), 998 So.2d 16, for general statutory-interpretation principles. The core rule applied here: read the statute according to its plain language and limit it to its actual scope.

Rules of Professional Conduct. The opinion notes Rule 1.16 of the Louisiana Rules of Professional Conduct, which addresses termination of representation. The general principle that legal-services contracts may be terminated at any time is the background against which Act 22's just-cause and hearing framework was layered as an additional protection during the contract term.

Liz Murrill is the Attorney General of Louisiana. Chimène St. Amant signed the opinion as Assistant Attorney General.

Citations and references

Statutes:
- La. R.S. 15:146(A)(1) (OSPD supervises statewide public defender system)
- La. R.S. 15:148 (OSPD rules and guidelines)
- La. R.S. 15:170 (district public defender discipline and hearing framework)
- La. R.S. 15:170(A)(1) (authority for corrective or disciplinary action)
- La. R.S. 15:170(A)(2) (definition of corrective or disciplinary action)
- La. R.S. 15:170(A)(3) (just-cause demotion or termination)
- La. R.S. 15:170(B) (nine just-cause grounds)
- La. R.S. 15:170(C) (hearing demand within 15 days)
- La. R.S. 15:170(D)(7) (procedural rights at hearing)

Cases:
- Red Stick Studio Dev., L.L.C. v. State ex rel. Dep't of Econ. Dev., 2010-0193 (La. 1/19/11), 56 So.3d 181 (statutory interpretation)
- M.J. Farms, Ltd. v. Exxon Mobil Corp., 2007-2371 (La. 7/1/08), 998 So.2d 16 (statutory interpretation)

Other:
- Act 22 of the 2024 Second Extraordinary Session, § 5 (transitional renewal provision for FY 2024-2025)
- Louisiana Rules of Professional Conduct, Rule 1.16 (termination of representation generally)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0115

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

STATE OF LOUISIANA
DEPARTMENT OF JUSTICE
OFFICE OF THE ATTORNEY GENERAL
P.O. Box 94005
BATON ROUGE, LA 70804-9005

LIZ MURRILL
ATTORNEY GENERAL

February 21, 2025

OPINION 24-0115

61 LAWS General
90-A-4 GENERAL CONTRACTS State
La. R.S. 15:170

Mr. Rémy Voisin Starns
Office of the State Public Defender
300 Main Street
Suite 700
Baton Rouge, LA 70825

The right to a hearing and an investigation under La. R.S. 15:170 is limited to instances in which the district public defender is disciplined or has his contract terminated early. There is no right to a hearing or investigation if the annual contract is simply not renewed.

Dear Mr. Starns:

This office has received your request for an Attorney General's opinion seeking an interpretation of La. R.S. 15:170 as amended by Act 22 of the 2024 Second Extraordinary Session. Specifically, you have asked whether the statute provides a district public defender with a right to a hearing and an investigation simply when their annual contract is not renewed.

Question: Does a district public defender have a right to a hearing and an investigation under La. R.S. 15:170 when his annual contract is not renewed or is the right to a hearing limited to instances in which the district public defender is disciplined or has his contract terminated early?

Conclusion: The right to a hearing and an investigation under La. R.S. 15:170 is limited to instances in which the district public defender is disciplined or has his contract terminated early. There is no right to a hearing or an investigation if the annual contract is simply not renewed.

The Office of State Public Defender (OSPD) is a state agency within the Office of the Governor. The office shall provide for the supervision, administration, and delivery of a statewide public defender system for the delivery of public defender services. La. R.S. 15:146(A)(1). To that end, the OSPD contracts with district public defenders to provide for the delivery and management of public defender services in the various judicial districts throughout the state.

You have provided us with a copy of a standard contract between the OSPD and a district defender. According to the contract, the district defender is to be hired for a one-year term. Specifically, the contract provides, "Unless terminated sooner as provided for herein, this contract shall commence on July 1, 2024, and end on June 30, 2025." In addition, either party may terminate the contract for convenience, with thirty-days' written notice, or for cause. The district defenders are considered independent contractors for tax purposes and they are not considered agents of OSPD.

Louisiana Revised Statute 15:170(A)(1) authorizes the OSPD to take corrective or disciplinary action against any district public defender for failure to adhere to the standards and guidelines for rendering indigent defender services as provided by rules adopted pursuant to La. R.S. 15:148 and in accordance with the Administrative Procedure Act. "Corrective or disciplinary action" includes, but is not limited to mean, any of the following: (1) issuance of a warning or reprimand; (2) issuance of a sanction; (3) suspension from rendering public defender services with or without compensation; (4) demotion; or (5) termination. La. R.S. 15:170(A)(2).

In addition, a district public defender may be demoted or terminated for just cause. La. R.S. 15:170(A)(3). Louisiana Revised Statute 15:170(B) lists the following actions, which constitute just cause: (1) the willful refusal to comply with mandatory training and education requirements; (2) the willful refusal to comply with mandatory performance standards and guidelines as required by rule adopted by the office; (3) the conviction or nolo contendere plea to any felony, participation in a pretrial diversion program pursuant to a felony charge, or conviction of any misdemeanor involving moral turpitude or public corruption; (4) the willful failure to correct consistently ineffective practices to the detriment of clients; (5) the willful failure to document communications with clients as required by the office; (6) the willful failure to cooperate with the office in any matter; (7) the willful failure to submit to periodic review of their work against the performance standards and guidelines; (8) the willful failure to submit requested documentation on any matter as requested by the office; and (9) knowingly making any false statement to the office.

If a district public defender believes that he has been demoted or terminated without just cause as defined above, he may, within fifteen days of the action, demand in writing a hearing and investigation by the Board. La. R.S. 15:170(C). All parties shall be afforded an opportunity to appear before the hearing committee, either in person or with counsel, and present evidence to show that the action was or was not taken in good faith for cause as defined above. La. R.S. 15:170(D)(7).

A plain reading of La. R.S. 15:170 demonstrates that a district public defender may only request a hearing when he believes that he has been demoted or terminated without just cause. The statute does not provide for a hearing simply when the district public defender's contract is not renewed after it has ended. We note that § 5 of Act 22 states, "Subject to a satisfactory performance and compliance evaluation, a public defender who has an existing contract with the Louisiana Public Defender Board for Fiscal Year 2023-2024, shall have the option to renew the contract with the [Office of the State Public Defender] for Fiscal Year 2024-2025, subject to appropriation." However, those contracts have already been renewed, and this provision does not create a right to renewal in future years.

We further point out that, in general, contracts for legal services may be terminated at any time. See Rules of Professional Conduct, Rule 1.16. Here, Act 22 has provided more rights to the public defenders; however they are still bound by the one-year term of the contract. Once that term has ended, there is no right to renewal and no right to a hearing on the issue of renewal.

Accordingly, it is the opinion of this office that the right to a hearing and an investigation under La. R.S. 15:170 is limited to instances in which the district public defender is disciplined or has his contract terminated early. There is no right to a hearing or an investigation if the annual contract is simply not renewed.

We trust that this adequately responds to your request and the issues that you have raised. If our office can be of any further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTORNEY GENERAL

BY:
Chimène St. Amant
Assistant Attorney General

LM/CS

[Footnote: Prior to the passage of Act 22 of the 2024 Second Extraordinary Session, the OSPD was known as the Louisiana Public Defender Board.]

[Footnote: The rules of statutory interpretation are well known. See, e.g., Red Stick Studio Dev., L.L.C. v. State ex rel. Dep't of Econ. Dev., 2010-0193 (La. 1/19/11), 56 So.3d 181, 187-88 (quoting M.J. Farms, Ltd. v. Exxon Mobil Corp., 2007-2371, p. 13 (La. 7/1/08), 998 So.2d 16, 27 (internal citations omitted)).]