Category: News

Advocating for True Representation and Mental Health Justice: VOTE Opposes the Disastrous “Phase III” Expansion of OJC

Who represents the civil rights of the people incarcerated in New Orleans’ jail? They don’t know. Do you? 

Voice of the Experienced surveyed people incarcerated at OJC about the consent decree and their experiences with mental health care in the jail.

“Who are these people? OJC is understaffed and run terribly. Why would you need another jail?” 

– Community Member incarcerated 5 years at OJC, in response to our inquiry on the civil rights lawyers representing them

“No one residing at OJC has been informed of the civil rights case before 7/11/2023, when these surveys were issued. The mental health staff to resident ratio is way too large. The staff is not equipped to deal with the amount or level of mental health issues of residents. Medication services are sporadic and not on a reliable schedule.”

– Community Member incarcerated 16 months at OJC, diagnosed with anxiety, depression, and PTSD. Expecting to leave OJC “within a year or two.” 

AUGUST 1, 2023—In the ongoing saga of the proposed $110 million dollar Orleans Justice Center (OJC) expansion, a critical question remains unanswered: who truly represents the people incarcerated in our jail?  

We, Voice of the Experienced (VOTE), raise strong concerns about the representation of the community most impacted – the people currently incarcerated and who could be incarcerated at OJC – by the MacArthur Justice Center (MacArthur). The 2012 federal court Consent Decree was intended to bring meaningful change to the abhorrent jail conditions in New Orleans and meet standards mandated by the United States and Louisiana constitutions. But instead, it has devolved into a labyrinth of murky intentions and questionable judgment that we believe would make mental healthcare at the jail worse. 

More than a decade into the litigation, at least 100,000 people have been in that jail, held for periods ranging from a few days, to a few weeks, to a few months. We are totally surprised that MacArthur supports a $110 million panopticon jail expansion to house a few dozen people with serious mental illnesses (SMI).  It is understandable for others to put weight in their opinions, as MacArthur is tasked with representing the incarcerated people inside the jail. We have heard Judge Africk, Magistrate North, and City Council give credence to what the jail’s incarcerated people want (which is rarely the case for people in jails and prisons). We hope such deference continues after reading this letter.  

Our concerns have reached the point that we feel the necessity to raise them in a public forum. The fate of our jail and its population should not be directed through private court deliberations limited to pleadings by a few lawyers, but in public dialogue. This is for the people of New Orleans. 

Historical trends in Orleans Parish pretrial jail population. Source: Vera Institute of Justice
Screenshot captured 08-01-2023, 11:44 am. Source: Criminal Justice Committee Jail Dashboard

A Brief History of the Orleans Parish Prison / Orleans Justice Center Consent Decree

“I’m unsure of what that means.”

– Community Member at OJC, when asked about the “Consent Decree.”

The Consent Decree is an agreement, overseen by a federal judge, of a 2012 class-action lawsuit brought forth by a group of 10 incarcerated whistleblower plaintiffs in Orleans Parish who had the courage to speak out on the dangerous conditions and lack of mental healthcare treatment in the jail. The Southern Poverty Law Center (SPLC) originally represented these individuals.  Within a year and a half, when the original lead attorney switched organizations, MacArthur replaced SPLC’s representation of them. 

At the time this litigation was initiated, the jail regularly detained roughly 3,600 people. Conditions in the jail were so egregious that the federal government moved to join the plaintiffs to sue Sheriff Gusman, following an independent investigation conducted by the Department of Justice. By the end of the year, these three parties entered into a federal court Consent Decree, agreeing to work together to make the jail conditions in New Orleans constitutionally compliant (which is still a very low standard of existence). 

Importantly, the Consent Decree acknowledges that the “Plaintiff” class now represented by MacArthur consists of “all individuals who are now or will be imprisoned” in the Orleans Parish Jail.  This court document starkly contrasts with MacArthur’s regular claim that they solely represent the individuals currently in the jail.  

Continue reading Advocating for True Representation and Mental Health Justice: VOTE Opposes the Disastrous “Phase III” Expansion of OJC

VOTE Statement on NOLA Coalition and Police Surveillance

Since the New Orleans City Council put their early focus on crime and public safety, our position has been the need to invest in our kids and the agencies best positioned to support and empower those kids. We gave nearly an hour of testimony to that point, and recently signed a letter drafted by VERA and submitted to Mayor Cantrell. VERA, and many of those signatories, are organizations we know and work with, and have been aligned for years.

The NOLA Coalition is a new idea created by people we do not know. We voiced our support for $15 million to “strengthen social services to support our youth.” It appears they took our name, along with many others, and applied it to a two-part plan we had no role in forming, and never saw until it after it was released. A staple of that plan is increasing the surveillance state in New Orleans. Although NOLA Coalition’s website refers to ”collective input,” we were neither asked for it, nor gave it. But we will give it now.

The NOLA Coalition is a new idea created by people we do not know.

Cameras don’t stop people from the desperation, incitement, poverty, and trauma that causes crime. Tapping our phones is a gross overreach of our civil liberties. Gunshot “detection” is a fraudulent technology that leads to illegal stops and searches that take us deeper into a police state. ”Predictive policing” only reinforces the racially profiled policing used to collect data; for example, if nobody is arresting people on Tulane and Loyola campuses for drugs or sexual assault, then no computer model will ”predict” drug use or sexual assault on the campus of Tulane or Loyola… thus no deployment of police. And in case people forgot, the highest crime rates New Orleans has known was during the ”Tough on Crime” era of hyper-policing and brutal sentences after non-unanimous jury trials.

We encourage people to stay in dialogue, to watch “Katrina Babies,” and to engage the issue of public safety that does not rely on stacking our children up like firewood, closing the door, and walking away. Bridge City quit on rehabilitation for our youth. Many of our schools seem to have quit on kids who struggle as well. Any City Council member, Mayor, District Attorney, or Judges who quit on our kids of New Orleans should quit their job. It is difficult, but this is the work.

Rest In Power, Albert Woodfox (1947-2022)

The entire VOTE family is extremely saddened by the recent home going of Albert Woodfox. His power, insight, and inspiration has provided Movement energy far beyond one solitary prison cell for decades. “Fox” was a Brother to us all, and a leader within the penitentiary since before his global identity with the ”Angola 3.” We will carry his message of human rights forward, fighting to end oppression and injustice, and attempt to replicate his steadfast determination.   

It is a mark of shame that our society would put a man in solitary confinement for 43 years, lacking in health care, exercise, and human contact. It takes a toll on one’s physical, mental, and spiritual self. For Albert to fight back against that torture, and stay incredibly active after his release, is a testament to our human potential.  

For the past six years, Albert was with us every step of the way, even as he shared himself worldwide. Anyone who has read his book ”Solitary,” nominated for the National Book Award, has certainly gained a better understanding of America, and our deepest selves. Our comrade, friend, and fallen soldier would want us to band together more than ever to bring an end to the oppressive penal system that has so thoroughly decimated our families and communities. 

Rest In Power. 

Trials, Tribulations, and More Jails?

WHAT’S NEW IN LOUISIANA’S CRIMINAL LEGAL SYSTEM?

Jail versus Prison

First off, let’s get something out of the way. Jails and prisons are not the same things. A jail is defined as a place for people who are awaiting trial or held for minor crimes. Prison is defined as a place where people who have already been convicted of a serious crime are being held. We aren’t coming up with our own definitions, this is straight out of a Merriam-Webster dictionary. It doesn’t get more definitive than that. Although they function as two different things, people often use them interchangeably, which is a serious problem. 

Is East Baton Rouge Parish Prison Actually a Prison? No.

Words mean things.

Some people may be surprised to learn that the East Baton Rouge Parish Prison is not actually a prison. It’s a pre-trial facility, meaning the people being held there have not yet been convicted of anything. So why do they call it a prison when it’s actually a jail? The fix to this problem is quite simple. The Baton Rouge Metro Council has the power to change the name.

Calling it a prison when it is in fact a jail not only harms those being held there but also tarnishes the way people on the outside view what happens within the facility. Last year a study conducted by Professor Andrea Armstrong from the College of Law at Loyola University revealed that the EBR Parish [Jail] had more deaths than any other parish in the state. Since 2012 there have been 57 deaths within the pre-trial facility.

“To me, this is not a problem, this is a pattern. And we need to attack it now. When we have 1, 2, 3 people who are overdosing in our facility that is supposed to be pre-trial, we have a real problem.”

—Amelia Herrera, VOTE Organizer.

Read more here.

Continue reading Trials, Tribulations, and More Jails?

SCOTUS is Waging a War on Our Rights

WHAT’S NEW IN THE CRIMINAL LEGAL SYSTEM?

SCOTUS: Louisiana Congressional Map

Last week, the Supreme Court of The United States (SCOTUS) reinstated Louisiana’s racist map, drawn by Republican legislators earlier this year. 

“District Court Judge Shelly Dick, a Barack Obama appointee, ruled earlier this month that the map likely violated the VRA. Under the map lines, one of the state’s six districts is majority Black, even though approximately one-third of the state’s population is Black. Republicans have a 5-1 advantage in Louisiana’s congressional delegation, with Democratic Rep. Troy Carter representing the one majority-Black seat. Dick had ordered the Louisiana legislature to redraw the map with a second heavily Black district.

The Supreme Court’s stay of that order likely resolves the last redistricting challenge outstanding ahead of the midterms, locking in 50 states’ worth of congressional lines with a little over four months to go until the November election.” – Politico

Read more here.

SCOTUS: Shinn v. Martinez Ramirez

If you thought these Supreme Court Justices were going to stop at abortion rights, you are sadly mistaken. This decision led by Justice Clarence Thomas didn’t get much news coverage, but it will affect millions of Americans who encounter the criminal legal system. 

Continue reading SCOTUS is Waging a War on Our Rights

Sine Die & LGBTQ+ Youth in Prisons

“Adjournment sine die is the conclusion of a meeting by a deliberative assembly, such as a legislature or organizational board, without setting a day to reconvene.” So, what’s next?

Legislative Updates

HB 707: EXPUNGEMENT / CLEAN SLATE

HB 707, sponsored by Rep. Royce Duplessis, would have automated the expungement process for low-level records. Specifically, (1) arrests that did not lead to conviction, (2) misdemeanors, 5 years since the end of the sentence, (3) felonies eligible for “first offender pardon,” (4) non-violent felonies, 10 years since the end of the sentence.

The bill ultimately failed to receive enough votes to make it out of the Senate. Right now, it costs roughly $550 on top of an attorney, to get someone’s record expunged. This makes it incredibly difficult and virtually impossible for many low-income people to have their records cleared. We have been in a 4-year battle for this bill and will continue to fight for it. HB 707 failed with a vote of 42 yeas and 57 nays.

You can attend JAC’s next expungement clinic at our VOTE office in New Orleans on July 13th. For more information, click here.

HB 746: JUVENILE SOLITARY CONFINEMENT

HB 746, by Rep. Royce Duplessis, limits the amount of time a juvenile can be placed in solitary confinement. The bipartisan bill passed the House with a vote of 84 yeas and 11 nays, then passed the Senate with a vote of 32 yeas and 0 nays. HB 746 was amended twice while Duplessis worked with stakeholders, including the Office of Juvenile Justice. The bill has been sent to the Governor and is waiting on executive approval.

Continue reading Sine Die & LGBTQ+ Youth in Prisons

It’s the Final Week of This Legislative Session!

Legislative Updates

HB 517: MEDICAL ADVISORY COMMITTEE

HB 517 creates a Medical Advisory Committee within the D.O.C that will report quarterly to the Department of Health. Medical and administrative staff will be hired across 8 facilities and provide constitutional medical care for incarcerated individuals. This is a huge win, for far too long those of us on the inside have been treated as less than human and it’s time that’s changed.

Tuesday the bill received a vote of 33 yeas and 0 nays. The Speaker of the House (Rep. Clay Schexnayder) and President of the Senate (Sen. Patrick Page Cortez) have both signed the bill. It will now be up to Governor John Bel Edwards to sign it into law.

HB 707: EXPUNGEMENT

Getting an expungement is no easy feat. It costs a lot of time and money. HB 707, sponsored by Rep. Royce Duplessis, would automate the expungement process for low-level records. Specifically, (1) arrests that did not lead to conviction, (2) misdemeanors, 5 years since the end of the sentence, (3) felonies eligible for “first offender pardon,” (4) non-violent felonies, 10 years since the end of the sentence. The bill was heard in the Senate Committee on Finance Tuesday.

The legislation would require the Louisiana Bureau of Criminal Identification and Information to identify all records with a court’s final determination of a charge for individuals who are eligible for an expungement. Starting August 1, 2024, the bureau would send these records to the Louisiana Supreme Court Case Management Information System. Rep. Duplessis proposed a budget of $3 million dollars for the first year and $7.7 million over the course of five years. Sen. Fesi gave an amendment stating that in the second year a fee would be applied to the individual seeking the expungement. Once they got a job, it would come out of their income taxes to help pay for the expungement. According to Duplessis, the bill would impact 2.5 million records. The amendments were adopted and the bill was moved favorably.

Continue reading It’s the Final Week of This Legislative Session!

Some Wins, Some Losses, We Keep Fighting

Only a week and some change left in this legislative session, read along to find out how things are panning out.

Legislative Updates

HB 1077: Non-Unanimous Jury Bill

Our public awareness campaign, pointing out the many flaws in this bill, has had an impact. A special shoutout is deserved for those incarcerated people who shared with us their views from the Inside, regarding their own fates and Jim Crow verdicts. The bill sponsor, Rep. Randall Gaines, sought to introduce amendments that would make the bill less damaging, and Rep. Royce Duplessis clearly articulated the problems with the parole process the District Attorneys have drafted for the legislature. Those amendments were voted down, and Rep. Gaines has not been able to find common ground with D.A.’s, who clearly hold a “veto power” within our legislative branch.

Today Rep. Gaines pulled HB 1077, killing the bill for this legislative session.

HB 517: Medical Advisory Committee

HB 517, by Rep. Larry Selders, was presented with no opposition in the Judiciary B Committee. The bill was reported favorably and will be voted on for final passage. HB 517 creates a Medical Advisory Committee within the DOC that will report quarterly to the Dept. of Health. Will Harrell, VOTE’s Policy Counsel, testified only to thank Rep. Selders and the DOC for working with VOTE on the bill. Harrell stated, “The version of the bill right now is scaled back significantly [from] when it was first filed, but we believe it’s still going to serve a great purpose [and] provide transparency to allow us to continue to work in collaboration with DOC to enhance medical services in our facilities.”

Continue reading Some Wins, Some Losses, We Keep Fighting

No More 10-2 Verdicts!

Louisiana needs to revisit non-unanimous jury convictions. Read on to see what we’re up against.

Legislative Session Updates

NON-UNANIMOUS JURY RETROACTIVITY

OUR CURRENTLY INCARCERATED MEMBERS REACT TO HB 1077

Legislators at the Louisiana Capitol have expressed various motivations regarding prison issues, including the current legal challenge regarding approximately 1500 people who languish in prison with non-unanimous convictions. Most of these people are currently sentenced until their death. The U.S. Supreme Court instructed Louisiana that retroactively reversing these (now universally recognized as) unconstitutional convictions is up to them, and both the legislature and courts have been called upon to act. 

VOTE’s most recent email to legislators regarding HB 1077 invited them to visit people in prison and ask their views on the bill. And only yesterday, in a hearing regarding counting incarcerated people as “residents” of a district for the purpose of apportioning legislative power, several legislators expressed their close connection to the prisons. Rep. Lacombe, who represents 6000 residents confined in Angola, called them a part of the “community.” Rep. Deshotel, who represents people confined in two prisons in the Cottonport area mentioned his support for capital outlay projects (a.k.a. prison construction and repairs). Rep. Ivey explained how he hears from people in prison “all the time,” albeit via family members of the currently incarcerated. Rep. Gaines, who sponsored HB 1077, has expressed how he is trying to help the 1500 convicted through Jim Crow trials, and believes this bill, creating parole eligibility, may be the best we can do.

Despite all those declarations of community, we’ve heard no responses from lawmakers wishing to visit.

Continue reading No More 10-2 Verdicts!

The Reddick Case, Criminalizing Abortion, & More!

Legislative Session Updates

NON-UNANIMOUS JURY / THE REGINALD REDDICK CASE

In 2021, the Supreme Court ruled that its decision in Ramos v. Louisiana held that the Sixth Amendment requires a unanimous jury verdict to convict someone—does not apply to those who were wrongly convicted before that decision.

Tuesday, May 10th, the LA Supreme Court heard oral arguments in Reddick v. Louisiana, the case to determine whether the U.S. Supreme Court’s Ramos decision should apply retroactively to people convicted by Jim Crow juries.

The surprising part about the State’s argument in favor of keeping people convicted under Jim Crow juries is how poorly it was crafted and defended. However, those of us who have been fighting the system know, even those of us who help a wrongfully convicted person be released after decades, that the State need not craft good arguments.

The State rested its case on two major points: (1) There are no watershed new rules, i.e. there is nothing groundbreaking to change in the realm of our criminal legal system. (2) The Legislature is crafting a remedy, so the Court need not do anything.

Within the State’s argument that we lack the resources to provide new trials for 1500 people, they said: “only about 50-100 people are actually innocent.” Let that sink in. They did not propose how to figure out who those 50 to 100 people are (typically, this is only done through a trial). They merely said that constitutional trials should not be required for people already convicted. Considering that someone who is wrongfully convicted can obtain up to $500,000 from the State, perhaps they see it as a cost savings move to not pay out $50 Million dollars to them? 

The Court will now talk amongst themselves. We should not expect a ruling prior to the Legislative Session concluding. Read our full analysis here.

Continue reading The Reddick Case, Criminalizing Abortion, & More!