What's happening
The New York Civil Gideon Act establishes a right to counsel for low-income individuals in certain civil cases, creating commissions, funding mechanisms, and procedures to provide and oversee this representation statewide.
Why it matters
Expands access to legal representation in civil cases. where basic needs like housing, health, employment, or child custody are at stake, potentially preventing homelessness, job loss, or family separation for low-income New Yorkers who otherwise could not afford a lawyer.
Creates oversight and quality-control bodies. the Civil Right to Counsel Commission and a Review Panel—tasked with monitoring service quality, setting eligibility and training standards, and handling complaints, helping ensure that the expansion of representation is effective and maintains high professional standards.
Presents a new funding mechanism. by imposing a one-time $75 surcharge on attorneys’ biennial registration fees, establishing a dedicated Civil Gideon Assistance Fund to pay for these services, which is intended to supplement, not replace, local funding, and aims to distribute resources based on need.
Establishes detailed eligibility, referral, and reporting procedures. for legal service providers, including uniform income criteria (at or below 200% of federal poverty guidelines), systematic data collection, and prioritization of cases where the opposing party has counsel, seeking to maximize the fairness and impact of limited resources.
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Who cares
Headline styles
Right to Civil Legal Aid
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to local government
- Referred to local government
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Guarantee Lawyers for Civil Cases
In Assembly Committee · Judiciary · Sponsor Latrice Walker
Full text
11 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4047
2019-2020 Regular Sessions
IN SENATE
February 26, 2019
Introduced by Sens. PARKER, BAILEY, HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government
AN ACT to amend the county law, the real property actions and proceedings law, the vehicle and traffic law, the state finance law and the judiciary law, in relation to enacting the "NY Civil Gideon Act"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. This act shall be known and may be cited as the "New York Civil Gideon act".
§ 2. The county law is amended by adding a new article 18-C to read as follows:
ARTICLE 18-C
REPRESENTATION OF PERSONS IN CIVIL MATTERS Section 723. Legislative findings.
723-a. Civil right to counsel commission.
723-b. Lead agency for civil right to counsel.
723-c. Assigned counsel for civil matters review panel.
723-d. Compensation and reimbursement.
§ 723. Legislative findings. The legislature hereby finds and declares as follows:
1. Every year, at least eighty percent of the civil legal needs of low income New Yorkers go unmet.
2. These legal needs often concern matters pertaining to the essentials of life including shelter, food, employment, health, and family sustainability.
3. The lack of available civil legal assistance undermines comprehensive assistance for crime victims.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05937-01-9
S. 4047 2
4. The lack of civil legal services to resolve a family's legal problems often disrupts the children and young adults' education, frequently with a permanent impact.
5. The lack of civil legal services can worsen chronic health problems often increasing the cost of medical care.
6. The lack of civil legal services can result in homelessness not only affecting the individual families but also destabilizing entire neighborhoods.
7. In light of these trying economic times, the need for civil legal services has increased beyond individuals below the federal poverty guidelines to homeowners and other middle income New Yorkers that provide the foundation for New York's economy.
8. The substantial number of unrepresented litigants in civil legal matters adversely impacts the quality of justice for all parties in the courts of New York state, increases the amount of litigation, and undermines the rule of law.
9. It has been found that when a society is unable to meet their basic human needs it is in an ongoing state of emergency.
10. The unmet need for civil legal assistance in the state is profoundly impacting vulnerable New Yorkers and costing taxpayers millions of dollars by increasing homelessness, failing to prevent domestic violence, and increasing poverty.
11. In order to address this emergency, this legislature finds that a right to counsel in certain civil matters is imperative.
§ 723-a. Civil right to counsel commission. 1. There is hereby established the civil right to counsel commission. The commission shall be composed of eleven members.
2. a. The members of the commission shall be appointed as follows:
(i) one member shall be appointed by the governor and shall be an attorney with expertise in civil legal services;
(ii) one member shall be appointed by the temporary president of the senate;
(iii) one member shall be appointed by the speaker of the assembly;
(iv) one member shall be appointed by the minority leader of the assembly;
(v) one member shall be appointed by the minority leader of the senate;
(vi) two members shall be appointed by the chief judge of the court of appeals;
(vii) one member shall be appointed by the association of counties;
(viii) one member shall be appointed by the mayor of the city of New York and shall be an attorney who has provided civil legal services for at least five years;
(ix) one member shall be appointed by the governor, from a list of no more than two nominees submitted by the chief administrator of the courts, each of whom shall be a judge or justice, or retired judge or justice, who was elected to the supreme, county or family court, or appointed to the criminal court or family court in the city of New York, and has substantial experience presiding as such a judge or justice in trial matters before such court; and
(x) one member shall be appointed by the New York state bar association.
b. All members of the commission shall be residents of the state of New York.
c. The members of the commission shall serve terms of four years. All members shall serve until their successors are appointed. Vacancies on
S. 4047 3
the commission shall be filled for the remainder of the term in the manner provided for by the original appointment.
d. The members of the commission shall receive no compensation for their services, but shall be allowed their actual and necessary expenses incurred in the performance of their duties.
e. Notwithstanding any inconsistent provisions of law, no officer or employee of the state or any civil division thereof shall be deemed to have forfeited or shall forfeit his or her office or employment by reason of his or her acceptance of membership on the commission.
f. The commission shall meet at least once per year.
g. A majority of the members of the commission shall constitute a quorum.
h. The chief judge of the court of appeals, or his or her designee, shall serve as a non-voting ex-officio member of the commission.
i. Appointment to the commission shall be filed by the chief judge of the court of appeals, who shall convene the first meeting of the commission following the filing of the majority of appointments. At the initial meeting the members shall elect officers.
3. The commission shall submit to the governor, temporary president of the senate, speaker of the assembly and the chief judge of the court of appeals an annual report on or before the anniversary date of the commission's first meeting. Such report shall contain all pertinent data for the prior twelve months on the operation of the commission including the number of assigned counsel in each county, the number of cases assigned, the number of cases resolved, recommendations for additional attorneys, if necessary, the cost of operation and financial assistance to localities. Such report shall also include the proposed budget for the succeeding twelve months including funds for financial assistance to localities.
§ 723-b. Lead agency for civil right to counsel. 1. Representation for persons in civil matters shall be a partnership between the courts and all qualified legal services providers, bar associations and private organizations.
2. The legal services providers shall serve as the lead agency for case assessment and direction under this article and furthermore shall:
a. be the central point of contact for receipt of referrals for legal representation;
b. make determinations of eligibility based on uniform criteria;
c. be responsible for providing representation to the clients or referring the matter to one of the organizations or individual providers with whom the lead legal services agency contracts to provide the service; and
d. to the extent practical, identify and make use of pro bono services in order to maximize available services efficiently and economically.
3. Recognizing that not all indigent parties can be afforded representation, even when they have meritorious cases, the court partner shall, as a corollary to the services provided by the lead legal services agency, be responsible for providing procedures, personnel, training, and case management and administration practices that reflect best practices to ensure unrepresented parties meaningful access to justice and to guard against the involuntary waiver of rights, as well as to encourage fair and expeditious voluntary dispute resolution, consistent with principles of judicial neutrality.
4. The participating legal services agency shall be selected by the judicial council.
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a. The judicial council shall be made up of one administrative judge from each judicial district. There shall be at least one legal services agency chosen for each judicial district.
b. The judicial council shall assess the applicants' capacity for success, innovation, and efficiency, including, but not limited to, the likelihood that the agency would deliver quality representation in an effective manner that would meet critical needs in the community and address the needs of the court with regard to access to justice and calendar management, and the unique local unmet needs for representation in the community.
c. Agencies approved pursuant to this section shall initially be authorized for a three-year period, commencing on the effective date of this section and subject to renewal for a period to be determined by the judicial council, in consultation with the participating agency in light of the agency's capacity and success. After the initial three-year period, the judicial council shall distribute any future funds available as the result of the termination or nonrenewal of an agency pursuant to the process set forth in this subdivision.
d. Agencies shall be selected on the basis of whether, in the cases proposed for service, the persons to be assisted are likely to be opposed by a party who is represented by counsel. The judicial council shall also consider the following factors in selecting the agencies:
(i) the likelihood that representation in the proposed case type tends to affect whether a party prevails or otherwise obtains a significantly more favorable outcome in a matter in which they would otherwise frequently have judgment entered against them or suffer the deprivation of the basic human need at issue;
(ii) the likelihood of reducing the risk of erroneous decisions;
(iii) the nature and severity of potential consequences for the unrepresented party regarding the basic human need at stake if representation is not provided;
(iv) whether the provision of legal services may eliminate or reduce the potential need for and cost of public social services regarding the basic human need at stake for the client and others in the client's household;
(v) the unmet need for legal services in the geographic area to be served; and
(vi) the availability and effectiveness of other types of court services, such as self-help.
e. Each applicant shall do the following:
(i) identify the nature of the partnership between the court and the other agencies or other providers that would work within the project;
(ii) describe the referral protocols to be used, the criteria that would be employed in case assessment, why those cases were selected, the manner to address conflicts without violating any attorney-client privilege when adverse parties are seeking representation through the project, and the means for serving potential clients who need language assistance within the court system; and
(iii) describe how the project would be administered, including how the data collection requirements would be met without causing an undue burden on the courts, clients, or the providers, the particular objectives of the project, strategies to evaluate their success in meeting those objectives, and the means by which the project would serve the particular needs of the community, such as by providing representation to limited-English-speaking clients, the elderly and the disabled.
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5. To ensure the most effective use of the funding available, the lead legal services agency shall serve as a hub for all referrals, and the point at which decisions are made about which referrals will be served and by whom. Referrals shall emanate from the court, as well as from the other agencies providing services through the program, and shall be directed to the lead legal services agency for review. That agency, or another agency or attorney in the event of conflict, shall collect the information necessary to assess whether the case should be served. In performing that case assessment, the agency shall determine the relative need for representation of the litigant, including all of the following:
a. case complexity;
b. whether the opposing party is represented;
c. the adversarial nature of the proceeding;
d. the availability and effectiveness of other types of services, such as self-help, in light of the potential client and the nature of the case;
e. barriers to access due to language;
f. barriers to access due to disability;
g. barriers to access due to literacy;
h. the merits of the case;
i. the nature and severity of potential consequences for the potential client if representation is not provided; and
j. whether the provision of legal services may eliminate or reduce the need for and cost of public social services for the potential client and others in the potential client's household.
6. The decision and level of representation should be made at the sole discretion of the lead agency, organization, or attorney based on the factors set forth above.
7. If both parties to a dispute are financially eligible for representation, each proposal shall ensure that representation for both sides is evaluated. In these and other cases in which conflict issues arise, the lead legal services agency shall have referral protocols with other agencies and providers, such as a private attorney panel, to address those conflicts.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the county law, the real property actions and proceedings law, the vehicle and traffic law, the state finance law and the judiciary law, in relation to enacting the "NY Civil Gideon Act"
Purpose
To establish a right to counsel in civil matters involving the basic necessities of life.
Summary of provisions
Section 1- Title of the Act
Read the full memo (1,003 words)
Section 2 - Representation of persons in civil matters - Legislative findings, Civil Right to Counsel Commission, Assigned Counsel for Civi- Matters Review Panel, Compensation and Reimbursement
Section 3 - Amends the county law, labor law, social services law, the administrative code of the city of NY, vehicle and traffic law, public health law, real property actions and proceedings, civil practice law and rules and the family court act - to include the right to counsel
Section 4 - Amends the real property actions and proceeding law in regard to the right to counsel in foreclosure matters
Section 5 - Amends the county law to include provision for investi- gative, expert or other services necessary for representation
Section 6 - Amends the vehicle and traffic law Section 227 to include the right to counsel in certain occurrences which are punishable by revocation or suspension of a driver's license
Section 7 - Amends the vehicle and traffic law Section 261 to include the right to counsel in certain occurrences which are punishable by revocation or suspension of a driver's license
Section 8 - Establishes the Civil Gideon Assistance Fund
Section 9 - Amends the judiciary law to establish seed money for the Civil Gideon Assistance Fund
Section 10 - Effective Date
Justification
Every year, at least 80% of the civil legal needs of low income New Yorkers go unmet. These legal needs often concern matters pertaining to the essentials Of life including shelter, food, employment, health, and family sustainability.
The American Bar Association adopted a resolution in 2006 urging all states to provide legal counsel as a matter of right to low income persons in adversarial proceedings where basic human needs are at stake. The New York State Bar Association followed suit in 2008 reiterating the need for counsel in certain civil matters. After several studies docu- menting the need, and an in depth analysis lead by Chief Judge Lippman of New York's Court of Appeals, it is now uncontroverted fact that the substantial number of unrepresented litigants in civil legal matters adversely impacts the quality of justice for all parties in the courts of this state.
Furthermore, the lack of available civil legal assistance undermines comprehensive assistance for crime victims, disrupts children and young adults' education, worsens chronic health problems, increases unemploy- ment, and increases the cost of medical care. The lack of civil legal services results too often in homelessness that not only affects the individual families, but also destabilizes entire neighborhoods.
Due at least in part to the collapse of America's economy that triggered the "Great Recession," the need for civil legal services and the inabil- ity of the citizenry to afford legal representation has spread beyond individuals below the federal poverty guidelines to homeowners and other middle income New Yorkers who provide the foundation for New York's economy. The substantial number of unrepresented litigants in civil legal matters increases the amount of litigation because there is no incentive to negotiate outside of the courtroom, and undermines our communities ant the rule of law.
It has been found that when a society is unable to meet its basic human needs, it is in an ongoing state of emergency. New York has reached that crisis point after more than five years of severe recession and an historic inequality between civil plaintiffs represented by expert coun- sel, and defendants who are unable to afford the representation upon which the fairness of our legal system depends. Consequently, the outcomes from litigation between such unbalanced parties harms New York's working families and our most vulnerable populations.
The unmet need for civil legal assistance in the state is profoundly detrimental to vulnerable New Yorkers and costs taxpayers millions of dollars by increasing homelessness, poverty, and crime. In order to address this ongoing state of emergency, the right to, counsel in certain civil matters is imperative.
Every day in housing courts around New York, 90 percent of landlords appear with attorneys, and 90 percent of the tenants do not. Around the state, housing courtrooms are filled with legal professionals who know every nuance of landlord-tenant law standing on one side and impover- ished tenants who do not know their rights on the other. And every day the discomforting reality is that tenants without attorneys are evicted, lose their possessions, become homeless and their children potentially end up in foster care. This situation must not continue.
New York is the birthplace of the American abolitionist movement, the women's rights movement, the labor movement, the gay rights movement and of many other great moral ideas, that we as New Yorkers agreed to imple- ment when the time was right. Just like all those historic ideas, it is imperative a civil right to counsel be implement because it is who we are as New Yorkers.
It is much more expensive to provide emergency solutions than to avert crisis through prudent investment. It is time to create a "Civil Gideon" that will guarantee indigent defendants a right to counsel in civil matters where one's fundamental human needs are at peril.
Legislative history
2017-18: S.2839- REFERRED TO LOCAL GOVERNMENT: 2015-16: S.1918 - referred to Local Government 2013-2014: S5993 - Referred to Local Government
Fiscal implication
No cost to the state. An assessment will be levied upon lawyers admitted to practice in the State of New York, and the fund may accept federal, state or local grants and donations.
Effective date
Immediately, and the appointment of members to the civil right to coun- sel commission and the assigned counsel for civil matters review panel shall be completed within 90 days of such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.