Retired Louisiana Chief Justice says "We need reforms to increase confidence in the justice system"

Pascal F. Calogero Jr., who is a retired Louisiana Supreme Court Chief Justice now in a private law practice, has this new op-ed expressing deep concerns about the administration of the criminal justice system in the Bayou. Here are excerpts:

Our justice system makes two promises to its citizens: a fundamentally fair trial and an accurate result. As Justice Cochran of Texas' highest criminal court observed, "If either of those two promises are not met, the criminal justice system itself falls into disrepute and may eventually be disregarded."

The Orleans Parish district attorney has recognized the burden of past cases -- where prosecutors have withheld evidence -- "hangs around the neck of our criminal justice system like an anchor" and "cripples the effectiveness of our criminal justice system, and, ultimately, makes the streets of New Orleans less safe."

Indeed, an Innocence Project New Orleans report found "favorable evidence was withheld from nine of the 36 (25 percent) men sentenced to death in Orleans Parish from 1973-2002.  However, this is not just about wrongful convictions under past administrations: John Thompson, Curtis Kyles, Shareef Cousin, Dan Bright -- and as the U.S. Supreme Court recently recognized -- Juan Smith.  It involves cases prosecuted today, with Brady violations in the cases of Michael Anderson and Jamal Tucker.

I still believe the majority of prosecutors are fair-minded, but it is no longer possible to call these violations rare.  The problem is not rogue prosecutors; it's a system that heavily incentivizes the winning of convictions at any cost and provides no penalty for breaking rules.  To ensure that citizens have access to fair trials and accurate results, we must work together to promote accountability and transparency.

Public confidence in the prosecutor and police officer are essential to a functioning criminal justice system.  Confidence is necessary to ensure citizens report crime, cooperate as witnesses and participate as jurors.  The Department of Justice recently found that the New Orleans Police Department "employs practices that could facilitate and hide constitutional violations of criminal suspect's rights."  Prosecutors must lead by example and work with law enforcement to promote respect for the Constitution.  Where corners of the Constitution are cut, the circle of trust necessary to ensure a functioning justice system is broken....

Louisiana has a history of Brady violations.  This is not because Louisiana has more rogue prosecutors.  Rather, we have failed to provide tools and guidance to prevent these problems.  Enacting reforms will prevent wrongful convictions and restore citizens' confidence in our justice system.