Faced with funding shortfall, Louisiana public defenders put noncapital defendants on months-long waitlists; defendants appear in court without counsel. Defendants sue the defenders: This is unconstitutional in a bunch of ways. Public defenders: Totally. Somebody should fund us. Louisiana Legislature (after several years of litigation): Oh all right, here’s $5 mil; eliminate the waitlists. Defendants: Great, but this problem isn’t going away. Fifth Circuit: “[N]o waitlists = no live case or controversy = no jurisdiction.”
