Provides for the retention of qualified public defenders through assistance in repaying student loans

1 Co-sponsor

• Ruth Hassell-Thompson

Title of bill

An act to amend the education law, in relation to the retention of qualified public defenders through assistance in repaying student loans

Purpose or general idea of bill

This bill would help increase and retain the number of attorneys willing to make a commitment to public service work.

Summary of specific provisions

Section one of the bill amends Education Law ("EL") § 679-e to extend the New York State District Attorney Loan Forgiveness Program to attorneys who serve as public defenders. Specifically, the section heading and subdivision one are amended to add the phrase "indigent defense attorney." Subdivision two of EL § 679-e, which sets out definitions, is amended as follows. The definition of "eligible attorney" in paragraph (a), subparagraph (i) is amended to include an indigent defense attorney, as defined in newly added paragraph (b). New paragraph (b) defines the term indigent defense attorney. The definition of "eligible period" is re-lettered from (b) to (c) and is amended to include service as an indigent defense attorney.

Section two of the bill is the effective date.

Justification

This bill corrects an existing inequity in a statutory loan forgiveness program, and will also help indigent defense offices recruit and retain qualified young attorneys. In recent years because of rising tuition bills young attorneys coming out of law school and interested in serving the public as indigent defense attorneys have entered these public service jobs with staggering student loans. Many of these young attorneys have debts of $100,000 or more and monthly loan payments of $1,000 or more. Unable to meet these payments on a public sector salary, the burden of loan debt drives all too many of them out of public service and into higher paying private sector jobs. The consequences of this exodus from the public sector fall on the residents of New York State who lose the services of these talented attorneys. New York has a strong interest in keeping these attorneys. Similarly situated prosecutors in New York now receive loan forgiveness assistance from the State, which has helped attract and retain talented attorneys in the various District Attorney's offices. To ensure a fair criminal justice system that has the confidence of the public, it is essential that the system attract and retain talented attorneys on both sides. Our system works best when able counsel on both sides zealously pursue the ends of justice. Thus the proposed legislation seeks to restore balance to the criminal justice system by attracting and retaining trained and talented public defenders by offering them the same financial assistance in meeting their student loan obligations that prosecutors currently receive.

Prior legislative history

A.11390/S.7972 (2008)

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.