The Louisiana Supreme Court recently ruled that trial judges can halt prosecutions of poor defendants until the state comes up with the money to pay for an adequate defense. Louisiana has in the past failed to adequately fund indigent defense programs. “I think it’s a warning,” said Phyllis Mann, appointed counsel for Benjamin Tonguis and Adrian Citizen, two death penalty defendants whose cases were reviewed by the state supreme court. “The court is saying as plainly as they possibly can not to let people languish.” Tonguis and Citizen have been awaiting trial with limited or no funds to prepare a defense since their arrests in April and October 2002. When funding for these two cases ran out, the trial judge tried to tap into a parish-imposed tax. He ordered the Calcasieu Parish Police Jury to provide $200,000 for appointed counsel and $75,000 to be placed in escrow for other case-related expenses, but the Louisiana Supreme Court forbid such a tax because it is the state legislature’s responsibility to fund indigent defense expenses.
(ABA Journal, April 15, 2005). See Representation.
- Death Penalty Information Center (2025, March 14). Death Penalty Prosecutions May be Halted if Funding is Inadequate. Retrieved October 15, 2026, from https://deathpenaltyinfo.org/death-penalty-prosecutions-may-be-halted-if-funding-is-inadequate
- Death Penalty Information Center. “Death Penalty Prosecutions May be Halted if Funding is Inadequate.” Last modified March 14, 2025. Accessed October 15, 2026. https://deathpenaltyinfo.org/death-penalty-prosecutions-may-be-halted-if-funding-is-inadequate.
- Death Penalty Information Center. “Death Penalty Prosecutions May be Halted if Funding is Inadequate.” Death Penalty Information Center, 14 Mar. 2025, https://deathpenaltyinfo.org/death-penalty-prosecutions-may-be-halted-if-funding-is-inadequate. Accessed 15 Oct. 2026.
