As Katrina approached the criminal justice system was already disfunctional. An incompetent criminal clerk of court, elected judges on the take and a district attorney who violates the law, all contributed to make the Criminal District Court in New Orleans the hub of a Criminal Justice System that was (and still is) disfunctional and contributes to the extraordinary crime rate in this city (more than 10 times the national average murder rate).

Criminal justice is organized under the State Constitution with each Parish having its own system of courts, jails, and prosecutors. The Mayor has no control over the courts, elected judges, clerks, district attorneys, sheriffs and jails. The system in Orleans is replicated in each of the other parishes so there are actually six criminal justice systems in the metro area. In Orleans the Civil District Court is another entity, with its own courts, judges, clerk, and even a civil district sheriff (for whatever purpose that might serve).

Of course it is all duplicated in Jefferson Parish, St. Tammany, St. Charles, Plaquemines and St. Bernard. Fortunately for those jurisdictions their systems seem to be working much better.

After the storm matters were significantly worse. The criminal courts building flooded and remained closed. Evidence was lost and records corrupted. Accused were "lost" in the system. The more hapless evacuated a flooding jail then languished without court apperances until they were discovered by volunteers like a group of Tulane Law School students. Criminal courts ran out of temporary accomodations. The revolving door continued to release violent criminals.

It is believed the ineffectiveness of this "system" further contributes to crime by encouraging individuals to come to New Orleans to perpetrate their crimes because they know the consequences of getting caught here are light compared to other jusisdictions like Houston. Sixty days, the so called "misdemaeanor murder" is the current urban legend, and that only applies if you are in the unlucky 12% that gets caught. (By the way the 12% includes the domestic murders which are usually caught.)


In 2006 the Mayor, acknowledging the ineffectiveness of the criminal justice system in the city has been working with federal authorities to make sure criminals caught in New Orleans are prosecuted elsewhere.