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S3488Senate2009-2010 Session

Makes provisions to assist defense attorneys practicing criminal law in the public sector to repay their student loans

Sponsor Thomas K. DuaneSD-29Affects Legal
Status
In Senate Committee
Judiciary
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Judiciary

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Who cares

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Sponsors

Primary sponsor
Thomas K. Duane

Senator · Senate District 29

No co-sponsors yet.

History

  1. Referred to judiciary
  2. Referred to judiciary

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the judiciary law, the state finance law and the executive law, in relation to establishing the criminal defense loan assistance program

Purpose

Establishes "The Criminal Defense Loan Assistance Fund" to help public defenders stay in public service by providing financial assistance with their student loans.

Summary of provisions

This bill amends section 468-a of the Judiciary Law which establishes the biennial $300 attorney registration fee to set aside $120 out of every $300. This money will go into a "Criminal Defense Loan Assistance Fund" established by an amendment adding section 94-e to the State Finance Law. A new article 36-B is added to the Executive Law creating the "Criminal Defense Loan Assistance Fund" to be administered by the Division of Criminal Justice Services to provide student loan expense grants to eligible attorneys.

Justification

Because of rising tuition bills, young attorneys coming out of law school and interested in serving the public as public defenders have entered these public service jobs with staggering student loans. Many of these attorneys have debts of $100,000 or more and monthly loan payments of $500 to $1,000. Unable to meet these debts on a public sector salary, the crushing burden of loan debt drives all too many of them out of public service and into higher paying private sector jobs. This results in a lack of experienced talent in public defender offices throughout the State. If this disturbing trend continues it may adversely affect the quality of legal defense indigent defendants may receive when facing a criminal charge. This proposed legislation will help retain these trained and valuable attorneys in the criminal defense system by offering them financial assistance in meeting their student loan obligations. This type of loan assistance is not new to New York State. New York State's Education Law already provides loan forgiveness awards to doctors who practice medicine in under served areas of the State. New York offers scholarships and other forms of assistance to dentists, veterinarians, optometrists, teachers and others who provide services which the State deems to be valuable and necessary.

Fiscal implications

None or negligible. This would be funded out of the existing New York State Attorney Registration Fee.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.