Hurricane Katrina: Legal Issues - Columbus School of Law

Prisoner and Fugitive Issues
If we have a client who is looking for a loved one who was incarcerated in New Orleans before Katrina, where
do we look?
Call The Department of Corrections at 225-342-3998 or 225-342-5935 between 7:30 AM and 8 PM. (The other
organization that was given a copy of the original list of where evacuees were relocated is LACDL [the Louisiana
Association of Criminal Defense Lawyers]. But their list will not be as up to date as DOC. Their number is below.)
If you have a client who survived Katrina and has a horror story about what happened while they were in jail,
what do you do?
The ACLU National Prison Project is currently gathering information regarding the treatment of those incarcerated in
the New Orleans Parish Prison when the Hurricane struck. Human Rights Watch is also documenting abuses. Their
contact numbers are below. There have been a number of newspaper accounts describing the ordeal that some of the
prisoners went through as the water rose through the Orleans Parish Prison.
If someone evacuated from the Parish Prison was told by the judge that he or she can post bail to get out,
where does your client bring the money if s/he wants to post bail or bond?
Post bond at the New Orleans Clerk of Court. The new number and location for the New Orleans Clerk of Court:
Temporary Clerk of Court Address for New Orleans Parish
Kimberly Williams Butler, Clerk Of Court for New Orleans
1885 North 3rd Street
Baton Rouge, LA
Tel. 225-326 6771
If a client had a court date pending in New Orleans for sometime between the date Katrina hit and the
present, what should you advise the client?
The client probably has not missed a court date because the court was suspended following Katrina. Before traveling
to New Orleans, try to get up to the minute information from the New Orleans clerk’s office or the LACDL office
(addresses posted below).
If I have a client that has an outstanding warrant in New Orleans and is thinking about turning himself in,
what do I tell him or her about whether they will get a free lawyer when they go to New Orleans and whether
their matter will be addressed in a timely manner? (Note that the Extradition Section below deals with the
alternative, namely, what happens if your client does not turn herself in)
As of the writing of this Manual, the criminal justice system in New Orleans is overloaded and woefully behind in
processing those awaiting trial.
Over seven thousand prisoners were transported from New Orleans and surrounding areas to other locations in the
wake of the hurricane. Many of these were not convicted of any offense but were held awaiting trial. The charges
ranged from serious ones to Municipal offenses, such as trespass or public drunkenness. They were brought to about
35 different locations within the state. The right to speedy trial was lifted. The LACDL has worked with other instate
attorneys to each evacuee in order to identify prisoners whose sentences already expired or who were charged
with municipal offenses (very minor offenses). All of these interviews should have been completed by mid-
September. An agreement was reached beforehand between defense lawyers and the Attorney General about releasing
people who fit specific criteria. There is one parish in which those who fit the above criteria are being released in a