While I'm generally in favor of pro-bono, and of lawyers doing more of it, I don't think that pro-bno is a realistic answer to New Orleans' criminal courts problems. It's like charity, it is a fine thing and does much good -- but it can't replace substantial government programs like social security and medicare. Private charity can fill in small holes and help around the edges, but the "meat and potato" is provided by the government.
The New Orleans criminal court system, and in particular its PD practices, were broken badly *before* the hurrican. So it is not a matter of 'returning to normal.' New Orleans needs to build up a radically different system. Alas, there is little to no political will (let alone funding) to do so. Why should attorney's volunteer to help a system that has always been broken and that no one is going to bother fixing? At what point is the attorney not really helping, but rather just "enabling" a broken system to limp along?
Never mind that New Orleans PDs don't get paid much. They aren't even hiring (so I've recently been told). I've been enquiring about doing criminal work in New Orleans, and have been informed that even the prosecutors offices aren't hiring. They have no money, and apparently the local/state political elite believes that if they don't do anything the federal government will step in and do it for them. (Similarly, the National Guard is now apparently performing many civic functions like police and medical support). They don't want "pro bono" -- they want things to be so bad they get hypothetical mountains of federal cash. There is not apparent effort to "fix" anything. Instead the question is how to "fund" the dysfunctional system they had before.
And the private attorneys are desperately competing for the limited/reduced pool of paying defendants. Not someplace to 'hang your shingle' for a criminal defense specialist. In addition, part-time criminal attorneys who do court-appointed work (when it is a choice between that and starving) are of the opinion that more "pro bono" just means less cases they get paid for. No one thinks it will be used to reduce backlog, etc.
Another barrier is that out-of-state attorneys must deal with Bar and local rules issues. I'm told it is not easy to get permission to practice for a limited time or caseload, particularly if you are not part of a firm already established in state. In theory the Bar is keeping 'unqualified' out of state attorneys from giving bad service to locals -- but given the bankruptcy of the current system it seems that "any" lawyer would be better than the "no" lawyer many people are getting.
As I said, I have been seriously looking into moving to New Orleans, but basically the 'vibe' I get is that the city really does not want/value the cirminal justice system (prosecution OR defense). I wish I had enough money to just move there and let things develop, but alas the economics of criminal practice do not normally allow such things. Sure, every jurisdiction dreams of having people come in and do all the work for free. But let's be realistic, pro bono is not going to solve New Orlean's problems.
