Louisiana requires counsel for contempt hearings

06/21/2017 , Louisiana , Legislation , Incarceration for Fees/Fines (incomplete)

In 2017, the Louisiana legislature enacted Louisiana HB 249, amending the law relating to the collection of legal financial obligations (“LFOs”). Among other things (including how such obligations are imposed in the first place), the bill provides a right counsel for indigent defendants who have defaulted on fees/fines payments ordered as part of a prior criminal proceeding. The law requires that the contempt hearing notice inform the defendant of their right to counsel:

You have the right to be represented by counsel (attorney/lawyer) of your choice. If you cannot afford counsel, you have the right to be represented by a court- appointed lawyer at no cost to you. However, you must apply for a court-appointed lawyer at least seven (7) days before this court date by going to the public defender’s office. There is a forty-dollar ($40) application fee.

La. C.Cr.P. Art. 895.5(C)(2)(d).

Appointment of Counsel: Yes
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.