Must Louisiana district public defenders get oversight board approval for large legal services contracts?

Plain-English summary

Louisiana's State Public Defender asked whether the Public Defender Oversight Board must approve a district public defender's contract above $250,000, as it must review certain contracts made by the state office. The Attorney General said the statutory approval rule applies only to legal representation contracts entered into by the Office of the State Public Defender, when the amount exceeds $250,000 annually. A district contract that does not involve the state office is outside that approval requirement.

The opinion read the exact words of La. R.S. 15:146(B)(1), which refer to a contract entered into by the state public defender. It contrasted the district defender statute, which gives district defenders authority to contract for services while requiring compliance with board standards and guidelines. Thus, district contracting authority remains subject to applicable rules even without this particular approval step.

What this means for you

District public defenders

For contracts made by a district office without the state public defender as a party, the opinion says the oversight board's approval requirement in La. R.S. 15:146(B)(1) does not apply. The district office remains bound by the board's contracting standards and guidelines identified in the opinion.

State public defender staff and oversight board members

The opinion reads the approval rule as covering state public defender legal representation contracts greater than $250,000 annually. Its distinction turns on who enters the contract, not solely its price.

Common questions

Q: Does every Louisiana public defender contract over $250,000 need oversight board approval?
A: No. The opinion says this approval provision applies to qualifying legal representation contracts entered into by the state public defender, not district contracts that do not involve the state office.

Q: May a district defender contract independently?
A: The opinion says the district defender statute preserves independent contracting authority, subject to the board's adopted standards and guidelines.

Q: What if the state public defender is also a party to a district contract?
A: The opinion expressly limits its no-approval conclusion to district contracts that do not involve the state office. It does not resolve a different arrangement.

Background and statutory framework

Act 22 of the 2024 Second Extraordinary Session moved statewide supervision to the Office of the State Public Defender and created a separate oversight board. La. R.S. 15:146(B)(1) directs that board to review and approve qualifying contracts entered by the state public defender. La. R.S. 15:161(E)(8) separately provides district defenders with contracting authority under board standards.

Citations and references

• La. R.S. 15:146(B)(1), state defender contract approval.
• La. R.S. 15:161(E)(8), district defender contracting under board standards.

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/24-0116

Original opinion text

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

Liz MURRILL
ATTORNEY GENERAL
April 29, 2025
OPINION 24-0116

Mr. Rémy Starns
90-A-i Public Funds and Contracts
State Public Defender
La. RS 15:142
Office ofthe State Public Defender
La. PS 15:146
.
.

301 Main Street, Suite 700
The contract approval requirement found in La. R.S.
Baton Rouge La 70825
15:146(B)(1) applies solely to contracts entered into by the Office of the State Public Defender. It does not extend to contracts executed by District Public Defenders.

Dear Mr. Starns:

You requested an opinion from this office regarding whether the Louisiana Public Defender Oversight Board’s authority and obligation to approve of contracts exceeding $250,000 as set forth in La. R.S. 15:146(B)(1) applies exclusively to contracts entered into by the Office of the State Public Defender or whether it also applies to contracts executed by District Public Defenders.

Question: Does the requirement in La. R.S. 15:146(B) (1) that the Louisiana Public Defender Oversight Board approve contracts over $250,000 apply solely to contracts entered into by the Office of the State Public Defender or also to those entered into by a District Public Defender?

Answer: The contract approval requirement found in La. R.S. 15:146(B) (1) applies solely to contracts entered into by the Office of the State Public Defender. It does not extend to contracts executed by District Public Defenders.

The Office of the State Public Defender (OSPD), formerly the Louisiana Public Defender Board, is a state agency created within the Office of the Governor.1 Prior to the enactment of Act 22 of the 2024 Second Extraordinary Session, the now defunct Louisiana Public Defender Board exercised supervisory authority over the delivery of public defender services statewide. Act 22 restructured the governance framework, transferring this supervisory role to the OSPD, eliminated the eleven—member Louisiana Public Defender Board, and created the nine-member Louisiana Public Defender Oversight Board (LPDOB).2
La. R.S. 15:146(B)(1) tasks the LPDOB with supervision and oversight of the OSPD and specifically requires that LPDOB review and approve of “[a]ny contract for legal

1 See Act 22 of the 2024 Second Extraordinary Session, which amended the Louisiana Public Defender Act and went into effect on March 20, 2024.
2 La. RS 15:142(C).

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OPINION 24-0116
Mr. Rémy Starns
Page 2

representation services entered into by the state public defender in an amount greater than two hundred fifty thousand dollars annually.” In contrast, the statute is silent with respectto any requirement for LPDOB approval of contracts entered into by District Public Defenders.

The absence of any language explicitly requiring LPDOB approval for contracts executed by district public defender offices strongly suggests thatthe LPDOB’s review and approval authority applies exclusively to contracts executed by the Office of the State Public Defender.

Moreover, La. R.S. 15:161(E)(8), governing the powers and duties of District Public Defenders, provides that a district defender “shall contract for services in accordance with the standards and guidelines adopted by rule by the board” and thus further indicates that, while district defenders are bound by the policies and standards promulgated by the LPDOB, they maintain independent authority to contract for services provided they comply with applicable rules.

Therefore, it is the opinion ofthis office that the LPDOB’s statutory obligation and authority to approve contracts over $250,000 is limited to those entered into by the OSPD. District Public Defender contracts that do not involve OSPD as a party to the contract are not subject to this approval requirement.

We trust this adequately responds to your request. However, if our office can be of further assistance, please do not hesitate to contact us.

With best regards,

LIZ MURRILL
ATTOI3NEY GENERAL

BY
TERREL T. KENT
ASSISTANT ATTORNEY GENERAL

LM: TK