Relates to requiring limits on the number of cases a public defender may be assigned in any given year

Section 2 of the bill: provides that the state shall reimburse counties or cities for any caseloads that exceed 367 misdemeanors or 138 felonies, with felonies counted as 2.66 in mixed caseloads. This section creates a four year phase-in schedule so that 25% of excessive caseloads are reimbursed in the first year, 50% of excessive caseloads are reimbursed in the second year; 75% reimbursement for excessive caseloads in the second year; and 100% reimbursement thereafter.

Section 3 of the bill amends the executive law to commission the Office of Indigent Legal Services with the power to adopt, promulgate, amend or rescind rules and regulations regarding representation at arraignments, caseloads/workloads and eligibility for assigned counsel outside New York City. This section specifically authorizes the Office of Indigent Legal Services to assess statewide caseloads and to expend monies to eligible counties/cities where caseloads are excessive.

Section 4 of the bill amends the state finance law to specify that (1) this bill provides monies only in situations where counties exceed the caseload formula and states that the intent of this bill is to supplement ongoing and locally funded indigent defense services; (2) This section also provides for a four year incremental phase-in of supplemental monies to counties/cities; (3) This section authorizes the Office of Indigent Legal Services to assess statewide caseloads outside New York City and distribute the funds set aside for case caps consistent with the formula enunciated in section 722-f of this bill.

Justification

In Gideon v. Wainwright, 372 U.S. 335 (1963) the Supreme Court of the United States held that the 6th Amendment Right to Counsel required States to assign defense attorneys to defendants charged with serious offenses and who could not afford counsel. This constitutional holding was subsequently extended to require States to provide counsel to cases where criminal conviction could lead to imprisonment. In Gideon, the Court held that the assignment of counsel was essential to a fair trial and a constitutional right of the accused which States can not abridge.

Judith Kaye, former Chief Judge of the New York State Court of Appeals was appointed to head a commission to review indigent criminal defense in the State of New York. In 2006, The New York State Commission on the Future of Indigent Defense Representation concluded that "(t)he indigent defense system in New York State is both severely dysfunctional and structurally incapable of providing each poor defendant with the effective legal representation that he or she is guaranteed by the Constitution of the United States and the Constitution and laws of the State of New York." The Commission also affirmed that the excessive number of cases assigned to public defenders has a direct impact on representation.

In 2009, the New York State Legislature passed and Governor Patterson signed into law "case caps" for public defenders in New York City. Through the Office of Court Administration, the Legislature supplemented NYC's indigent defense budget to effectuate an Appellate Division Rule which limited annual criminal defense attorney caseloads to 400 misdemeanors or 150 felonies, with felonies counted as 2.66 misdemeanors in mixed caseloads. In 2015, The Center for Court Innovation released a report titled An Analysis of Mandatory Case Caps and Attorney Workloads, concluding that mandatory cases caps substantially improved the quality of representation in Kings County.

In October 2014, Judge Kaye's warning of an on-going crisis came to fruition as the New York Civil Liberties Union and the law firm of Schulte Roth & Zabel LLP announced a historic settlement that overhauled public defense in five New York counties and paved the way for statewide reform of New York's broken public defense system. By entering into the agreement, the state took responsibility for providing public defense for the first time since the Supreme Court of the United States decided Gideon v. Wainwright.

In Hurrell-Harring v. New York, the plaintiffs charged that New York State's decision to abdicate responsibility for public defense to its counties resulted in a patchwork of often understaffed, poorly resourced and largely dysfunctional public defense systems where defendants were routinely arraigned without attorneys, urged to take plea bargains regardless of the facts of their cases, burdened by excessively high bail, and incarcerated for shockingly long periods for misdemeanors and petty crimes. The suit contended that by failing to provide poor defendants with adequate representation, New York State was violating the U.S. Constitution, the state constitution and the laws of New York.

New York settled on the eve of trial. Under the agreement, the state adopted major reforms focusing on five New York counties Ontario, Onondaga (Syracuse), Schuyler, Suffolk and Washington - that were chosen because their public defense systems are all different and cover communities large and small, but are all emblems of New York's flawed approach. The agreement, which will last 7; years and is subject to court approval, contains the following major provisions:

*Ensures that every poor criminal defendant will have a lawyer at the first court appearance, where bail often is set and pleas taken;

*Requires New York to hire sufficient lawyers, investigators and support staff to ensure that all poor criminal defendants have lawyers with the time and support necessary to vigorously represent the defendant;

*Provides for the setting of caseload standards that will substantially limit the number of cases any lawyer can carry, thereby ensuring that poor criminal defendants get a real defense;

*Requires New York to spend $4 million over the next two years to increase attorney communications with poor criminal defendants, promote the use of investigators and experts, and improve the qualifications, training and supervision of lawyers representing indigent defendants;

*Mandates the creation of eligibility standards for representation, thus allowing more New Yorkers to access public defense services;

*Strengthens the Office of Indigent Legal Services as a state-level oversight entity tasked with ensuring the constitutional provision of public defense services and commits New York to provide the office with the resources it needs to develop plans and implement and monitor reforms mandated by the settlement; and

*Provides that the plaintiffs will receive detailed reports allowing them to monitor compliance with the agreement and, if necessary, return to court to enforce it.

In 2015, The Center for Court Innovation released a report titled An Analysis of Mandatory Case Caps and Attorney Workloads, concluding that mandatory cases caps dramatically improved the quality of representation in Kings County.

Although the prime sponsor of this bill supports a complete state takeover of indigent defense services, the financial restraints of the state and the historic funding of legal services by counties and the city of New York would make a complete state takeover unlikely. This bill represents a bridge to the day when the State of New York takes direct and complete responsibility for the provision of indigent criminal defense services.

This bill provides mandate relief for counties or cities and resolves some of the issues raised in the recent court settlement surrounding the right to counsel,

Existing law

Currently, counties and the City of New York are charged with providing funding for indigent criminal defense programs. Limits on the number of cases assigned to public defenders and supplemental state aid to pay for caseloads in excess of a judicial formula exist in the City of New York, and by court settlement in Suffolk County, Washington County, Ontario County, Onondaga County, and Schuyler County. However, there are no restrictions for caseloads, nor supplemental state aid to pay for case caps in the rest of the State of New York.

Legislative history

Chapter 56; page 112; Part ZZ of the Laws of 2009

Fiscal implications

This bill sets aside 67 million dollars to be disbursed to every county in the state except those in the City of New York, Ontario, Onondaga (Syracuse), Schuyler, Suffolk and Washington Counties.

Effective date

This act shall take effect immediately.