Requires state reimbursement to counties the full amount of expenditures for indigent legal services

24 Co-sponsors

• Fredrick J. Akshar II
• George Amedore
• Neil D. Breslin
• Leroy Comrie
• Rich Funke
• Patrick M. Gallivan
• Joseph A. Griffo
• Jesse Hamilton
• Ruth Hassell-Thompson
• Todd Kaminsky
• Timothy M. Kennedy
• George Latimer
• Betty Little
• Kathleen A. Marchione
• Terrence P. Murphy
• Thomas F. O'Mara
• Marc Panepinto
• Michael H. Ranzenhofer
• Patty Ritchie
• Susan Serino
• James L. Seward
• Daniel L. Squadron
• David J. Valesky
• Catharine Young

Title of bill

An act to amend the county law, the executive law and the state finance law, in relation to indigent defense services

Purpose or general idea of bill

To ensure that all persons accused of crimes in New York are able to receive effective legal representation whether or not they have the ability to pay for a lawyer by establishing a system of direct state funding at the requisite adequate level to eliminate the geographic disparity in representation.

Summary of specific provisions

Section 1: provides legislative findings and declaration.

Section 2: amends Section 722-e of the County law to require the State to reimburse, over a seven year phase in period, counties and cities in which a county is wholly located the full amount of expenses of counsel services for indigent legal defendants.

Section 3: "Subdivision 3 of section 832 of the executive law, as added by section 1 of part E of chapter 56 of the laws of 2010, is amended and a new paragraph (o) is added to read as follows: (o) to adopt, promulgate, amend or rescind rules and regulations to carry out the provisions of this section, including to (i) ensure the presence of counsel at the first appearance of any eligible defendant charged with a crime, (ii) establish caseload/workload regulations for attorneys providing mandated representation that allow for meaningful and effective assistance of counsel, and (iii) improve the quality of mandated representation."

Section 4: makes technical amendments to paragraph (I) and (m) of Section 832 of the Executive Law and adds a new paragraph (n) to subdivision 3 of section 832 of the Executive Law granting the office of Indigent Legal Services the power to approve reimbursement to counties to provide indigent legal services.

Section 5: provides effective date.

Justification

The state has just recently settled a lawsuit with five counties - Suffolk, Washington, Ontario, Onondaga, and Schuyler - in which the settlement calls for the Office of Indigent Legal Services to be in charge of the public defense operations in the five counties. This would be the first time in New York that a statewide entity will be responsible for legal representation of all indigent criminal defendants. Counties statewide are currently responsible for funding indigent legal services by federal mandate but adherence is uneven and dependent on a particular county's ability or inability to properly fund the program. Many counties have no system for supervising caseloads or quality, no staffing formula to ensure an appropriate number of public defenders, and no standard ensuring comparable compensation for defenders.

My legislation would amend the law to provide for the state to take over full funding of the program in 2022, and relieve all counties of this financial strain. As the Governor noted during the State of Opportunity agenda, local governments have been struggling while the state's finances have generally improved. Now is the time for the state to reinvest in its counties and relieve the counties of this unfunded mandate.

Prior legislative history

New Bill

Fiscal implications

To be determined.

Effective date

Immediately