New York State Defenders Justice Fund

Budget Cuts threaten to Gut Fledgling Reform

2011-04-01T10:18:00.002-04:00

The Indigent Legal Services Office (ILS Office), which just got started with the appointment of a director in February of this year, will have an operational budget of only $1.5 million for FY 2011. This is half of the $3 million annual budget envisioned when the Office was created. Born of political compromise, couched in language claiming that a $1.5 million "increase" had been rejected, the budget shortfall threatens to hinder the ILS Office's reform efforts.

The Campaign for an Independent Public Defense Commission decried the cut in a press release on March 28. William Leahy, newly hired Director of the ILS Office and former head of the Massachusetts Committee for Public Counsel Services, also expressed his disappointment. He noted that the progress that the ILS Office and Board have already made in "working creatively and cooperatively with county executives and indigent defense leaders to improve the quality of that representation" will "require more adequate funding than has yet been provided,"

When the Campaign announced last November that the new ILS Board had met and begun a national search for a Director, we said, "Our efforts to see widespread meaningful change in the form of an Independent Public Defense Commission will continue." Those efforts include monitoring threats to advances made so far, like the budget cut reported here, and responding to those threats.

Jonathan E. Gradess, the Campaign Manager, discussed the cut on The Capitol Pressroom on WCNY radio on March 31.

Indigent Legal Services Board Meets, Begins Director Search

2010-11-05T13:06:00.001-04:00

At last, all positions on the Indigent Legal Services Board created by statute earlier this year have been filled! The Board held its first meeting on November 1st, and is embarking on a national search to fill the position of Director of the Office of Indigent Legal Services. While this Board is not the Independent Public Defense Commission we still believe New York State needs, its creation holds great promise for improving public defense services. The Campaign thanks its supporters, who helped bring about this first step in much-needed reform in how New York State addresses its public defense responsibility. Our efforts to see widespread meaningful change in the form of an Independent Public Defense Commission will continue; we look forward to your continued help.

The members of the Board are:
• Chief Judge Jonathan Lippman
• Michael G. Breslin (Albany County Executive)
• Judge Sheila DiTullio (Erie County Court Judge)
• John R. Dunne (former member of the Kaye Commission)
• Gail Gray (NYC criminal defense attorney)
• Susan V. John (currently, Assemblywoman from Rochester)
• Joseph C. Mareane (Tompkins County Administrator)
• Leonard Noisette (former director of the Neighborhood Defender Service of Harlem)
• Susan Sovie (Watertown Family Court attorney)

The Bill Creating a Board and Office of Indigent Defense Services has Passed

2010-06-22T14:49:00.005-04:00

The Senate passed the Public Protection budget bill containing a public defense reform measure (Part E) late Monday (June 21). The Assembly had acted on Friday, and the bill was sent to the Governor's office Monday night. The Governor’s press release refers very briefly to the public defense reform provision.

This legislation does not create a fully state funded, statewide public defense system headed by an independent commission. It does create an office and board authorized to "monitor, study, and make efforts to improve the quality of services provided under County Law article 18-B" (which covers public defenders, legal aid offices, assigned counsel, and, now, conflict offices, and includes Family Court representation, which earlier reform proposals this year did not.)

Public Defense Bill to be Included in Public Protection Budget

2010-06-18T12:54:00.001-04:00

Governor Paterson just announced a new bill to create an Office of Indigent Legal Services and an Indigent Legal Services Board, in the Executive Department, to be responsible for overseeing and improving the quality of public defense services. See the press release here.

The bill differs in some respects from the bill included in the Executive Budget back in January, and has the support of the Executive, Legislature, and Judiciary as well as the New York Association of Counties. Chief Judge Jonathan Lippman, who is to chair the Board, noted that the current public defense system has “produced very uneven results over the years and is broken” and said he is very gratified by the agreement reflected in the legislation.

Watch for details here soon!

Times Editorial Lauds Lippman's Calls for Justice

2010-05-18T10:06:00.003-04:00

The New York Times has lauded Chief Judge Jonathan Lippman for his May 6 opinion reinstating the NYCLU lawsuit against New York State and 5 counties for what the Times called "glaring dysfunction in the state’s county-by-county indigent defense system." The editorial also noted approvingly Lippman's Law Day speech in which he supported ensuring counsel for poor people in civil disputes like evictions and foreclosures in which basic needs are at stake.

Saying that adequate legal representation for all is fundamental to justice, the Times added, "That is especially important in tough times."

These are tough times. State legislators and the Governor have been unable to pass a state budget; public defense reform is just one of many important issues caught in the impasse. We remain hopeful that the public defense reform measures proposed by the Governor back in January, with improvements by the Assembly and Senate, will be included in the final budget. Our state leaders should recognize, as did the Times, that fundamental justice must be tended to in these hard economic times.

Lawsuit Challenging Public Defense Deficiencies Reinstated

2010-05-06T11:19:00.002-04:00

The lawsuit against the State and five counties for the unconstitutional deficiencies in New York's public defense system just cleared a major hurdle. A majority of the Court of Appeals rejected arguments that the case should be thrown out!

The Court of Appeals was closely divided in Hurrell-Harring v the State of New York, with three judges joining Chief Judge Lippman's decision and two joining a dissent by Judge Piggott.

The decision is a major step in the journey to obtain judicial relief from the ongoing, unconstitutional public defense crisis that has been repeatedly documented and decried. And, as many, including several former Court of Appeals judges, have noted previously in op-eds and elsewhere, the suit provides an opportunity and incentive for the State to resolve that crisis now.

The Court of Appeals decision provides new momentum for reform. The Campaign congratulates the New York Civil Liberties Union, cooperating counsel Schulte Roth & Zabel LLP, and the amici curiae, including the National Association of Criminal Defense Lawyers et al*; The Fund for Modern Courts; 62 former prosecutors signing the Brennan Center's brief prepared with Richards Kibbe & Orbe LLP; The Legal Aid Society; the New York State Defenders Association; and the Innocence Project.

*Other organizations signing the NACDL brief included: New York State Bar Association, New York State Association of Criminal Defense Lawyers, New York County Lawyers' Association, Louis Stein Center for Law and Ethics at Fordham University School of Law, Jacob Burns Center for Ethics in the Practice of Law at Benjamin N. Cardozo School of Law, Criminal Justice Center at Pace University School of Law, Center on Latino and Latina Rights and Equality at CUNY School of Law, and 40 New York State Law Professors.

If a California County Can Do This, Why Can't NY?

2010-04-14T13:46:00.002-04:00

"Last month the board of supervisors [of Santa Clara County, California] added $1 million to the public defender's budget over the next two fiscal years to fund attorneys who will staff some misdemeanor arraignments. Although the additional spending comes at a time when the county is struggling with a massive budget deficit, supervisors said there is no price tag to ensuring the legal system is just."

This is from a county in debt-stricken California. Can you think of an NY county where legislators would do/say the same?

Op-Ed Sets Out Powerful Policy Argument for Public Defense Reform NOW

2010-04-14T09:26:00.003-04:00

An opinion piece entitled "State does poor job providing legal counsel to the poor" appeared in the Daily Gazette (Schenectady [subscription required]) on Sunday, April 11. Recalling when, as a child, he had put his hand over his heart every school day, Daniel T. Weaver wrote that "all 98 pounds of me pledged allegiance to a republic that stood for 'liberty and justice for all.'" But more recently he has been troubled by things leading him to think that "Freedom and justice are chimeras ‐‐ water on a highway in the dog days, disappearing as you get closer to it." Poor people are not getting the same justice as rich ones, he noted, referring to the NYCLU lawsuit plaintiffs as examples. Cost or other supposedly practical issues, Weaver added, must not override doing what our ideals require. He concluded: "In the end, the cost of injustice is usually higher than the cost of justice. A quick historical review of Dred Scott and the Civil War proves that beyond a reasonable doubt."

Newsday Publishes Brennan Center Op-Ed Urging Legislative Action

2010-04-09T11:09:00.001-04:00

An op-ed piece published in Newsday on April 8 noted that not only public defense clients, but prosecutors and the justice system itself, are harmed by New York’s broken public defense system. Alicia Bannon, a Liman Fellow and counsel for the Justice Program at the Brennan Center for Justice at New York University School of Law wrote: "Prosecutors rely on defense attorneys to test theories of guilt and to bring forward evidence of innocence — that’s how the adversarial justice system works. When the system breaks down, prosecutors, and the public, can’t be confident that justice is being done in individual cases."

Referring to the New York Civil Liberties Union lawsuit argued recently in the Court of Appeals, Bannon added: "Must the legislature wait for a court order before it ensures equal justice for all?"

The answer, of course, is "no." Bills introduced as part of the state budget process include steps toward real public defense reform. The growing chorus of voices, including former prosecutors, calling for immediate state action should persuade the Legislature and Governor to come together on this vital issue now.

NY Times: “Albany lawmakers must start upgrading the defender system.”

2010-04-05T12:33:00.002-04:00

The New York Times editorialized Sunday about the need to pass public defense reform in the 2010 budget! It notes that passage of legislation to create a “permanent commission headed by the chief judge to monitor defender services and develop statewide standards” would, with a small increase in funding, “represent progress in a bleak budget year.” Supporters of the Campaign have already been asked to contact state leaders in support of the legislation; follow-ups citing the Times – or a first-time contact by those who haven’t yet called, emailed, or written – will help keep the momentum going.

Hon. David A. Paterson
Governor of New York
State Capitol
Albany, NY 12224
518-474-8390
Email from the website.

Hon. John L. Sampson
New York State Senate Conference Leader
409 Legislative Office Building
Albany, NY 12247
518-455-2788
Email address: sampson@senate.state.ny.us

Hon. Sheldon Silver
Speaker of the Assembly
LOB 932
Albany, NY 12248
518-455-3791
Email from the website

Victims’ Advocate and Former Judge Pen Op-Ed Calling for an Independent Public Defense Commission

2010-04-02T13:32:00.002-04:00

The Times Union has published an op-ed piece entitled “N.Y.'s poor need qualified legal defense, too.” It sums up the problem in its first sentence: “All New Yorkers suffer when poor people accused of crimes do not have competent defense counsel with adequate tools to provide a reliable defense.” The op-ed highlights the role of deficient public defense representation in wrongful convictions as well as New York State’s low status nationally in terms of how it provides public defense services. The piece concludes by calling for an independent public defense commission and for full state funding of public defense services!

One of the op-ed authors, Susan Herman, wrote "Parallel Justice for Victims of Crime;" an associate professor at Pace University, she is a victim’s advocate who calls for the justice system to meet parallel obligations to victims and offenders. The other, Rhoda Billings, is professor emeritus at Wake Forest University School of Law and former North Carolina Supreme Court Justice. Both are members of the Constitution Project’s National Right to Counsel Committee which issued, just a year ago: “Justice Denied: America’s Continuing Neglect of Our Constitutional Right to Counsel.”

The Governor and State Legislature recognize the importance of public defense reform this year.

2010-03-29T16:17:00.002-04:00

The Senate and Assembly have both modified the Governor's January proposal for creation of a new office and board by recognizing that the Division of Criminal Justice Services cannot house these entities due to conflicts of interest. Each house places the new Office of Public Defense Services in the Department of State.

Read the Senate resolution can be read here (see page 10).

The Assembly's bill makes a number of other changes. Read Part E of A09706B here (see page 84).

Help intensify the momentum for reform! Please contact the Governor, the Senate Conference Leader, and Assembly Speaker -- thank them for their support for public defense reform and encourage them to:

• create the Office of Public Defense Services overseen by the Public Defense Services Board,
• housed in the Department of State,
• adequately funded, and
• with as much authority for improving public defense services as possible!

A Different Convergence this Gideon Day

2010-03-16T12:12:00.003-04:00

A year ago, supporters of the Campaign for an Independent Public Defense Commission from around the state came to Albany on the anniversary of Gideon v Wainwright calling for “JUSTICE NOW.” This year’s Gideon Anniversary brings a new statewide convergence, not of individual people but of legal and political actions. The NYCLU lawsuit will be argued in Albany just days after the actual Gideon anniversary date of March 18. The Executive budget now under discussion in the Legislature includes a proposal for an important, if modest, step toward public defense reform [see Part E]. The Chief Administrator of the Courts just issued, pursuant to a bill in last year’s budget, a rule [subscription to NY Law Journal required for link] to begin implementation of compliance with caseload standards in New York City. (The rest of the state remains without caseload caps.) Proposed changes to the way New York City provides public defense services have led to conflict and, consequently, to news stories in legal circles [subscription to NY Law Journal required for link] and beyond about this too-often-ignored, vital government function.

Gideon Day offers a great opportunity for Campaign supporters to write to their local newspaper, speak on their local radio station, or visit a public official about the burning need for immediate public defense reform. Success stories can be sent to the Campaign via the Campaign’s website or, in the case of published letters or articles, posted here!

Morgenthau Calls for Equal Justice

2010-02-19T12:37:00.001-05:00

Former Manhattan District Attorney Robert Morgenthau wrote a Daily News op-ed piece last week headlined: "Pass a law to improve access to attorneys."

In it, he noted the allegations in the New York Civil Liberties lawsuit against the State and five counties for deficiencies in public defense. These, Morgenthau said, "unnerved me so much that, along with 61 other former federal and state prosecutors, I joined a brief authored by the Brennan Center for Justice in which we are urging the New York Court of Appeals to declare that New York's courts must hear the claim for better defense services."

Like the former Court of Appeals justices who authored op-ed pieces last year (posted on the Campaign’s website), Mr. Morgenthau "would prefer to see this crisis resolved through legislation, rather than by court decree." Like them, he hopes the NYCLU suit serves as “the wakeup call for lawmakers to finally do their duty and take on the challenge of providing all New Yorkers equal justice under the law." But, he notes, if the Legislature fails, it will fall to the courts to address the problem "in a way that is fair to the state, the plaintiffs, all criminal defendants and ultimately to the cause of justice."

Black and Puerto Rican Caucus Weekend Panel on Client Advisory Boards and Improving Public Defense

2010-02-11T13:45:00.002-05:00

With an Executive proposal pending in the Legislature as part of the budget – watch here for updates – public defense reform is bubbling in Albany!

This coming Saturday the New York State Defenders Association Client Advisory Board will present a panel discussion: “Public Defense Representation from the Client’s Point of View.” The presentation is part of the annual Black and Puerto Rican Caucus legislative weekend. If you will be in town, come by Meeting Room 3 at the Empire State Plaza Convention Center at 3:00 pm. If you can’t be there, please let others know!

Too often, those most affected by public defense problems are not included in discussions about fixing the problems. NYSDA’s Advisory Board has helped change that. It has, among other things:
• created Client-Centered Representation Standards,
• worked with the Association on a series of hearings soliciting testimony from clients and client advocates concerning the quality of public defense in New York State, and
• initiated a project to assist local public defense offices that want to develop or reinvigorate a local client advisory board (see pages 5-6 of article here).

The Campaign hopes that this panel, sponsored by Assemblymember Vivian E. Cook and NYSDA, will inspire all those attending Caucus Weekend to support public defense reform.

Executive Budget Includes Public Defense Reform

2010-01-20T13:07:00.002-05:00

The persistence of the Campaign in demanding public defense reform that includes independence has had an impact. In an Executive Budget full of cuts and pain, the Governor is proposing an investment in public defense that includes a new state office and an additional $7 million in state funds for local public defense. The proposed office would have limited duties and responsibilities regarding public defense. It would be overseen by a board that would include members representing the Executive Branch, the Judiciary, county government, and public defense. While operating under the administrative supervision of the Division of Criminal Justice Services (DCJS), the office would report to the board, not DCJS, with regard to policies and standards. The office would recommend distribution to counties of state funds for public defense; the board would make the final decision about that distribution.

This is not the statewide, independent commission heading a fully state-funded public defense system that the Campaign calls for. Still, the need for public defense reform has been acknowledged - and the need for oversight to be independent is recognized in the very first section of the bill. In this way, the proposal is an improvement over a bill proposed two years ago for an office directly answerable only to the Executive. We’ve made real progress!

We are examining the bill closely, and will have more to say about it soon. The proposal is Part E of the Public Protection and General Government Article VII Legislation (Legislation Bill Drafting Commission 12670-01-0). It begins at page 246.

A Mandate Reform Initiative Allowing Office of Conflict Defender Should be Done with Care

2010-01-15T16:42:00.000-05:00

The Executive’s announced “Mandate Reform Initiative” includes a provision (#64) allowing counties to create an Office of Conflict Defender.

Facing an immediate fiscal crisis, the State understandably seeks ways to increase cost-effectiveness in the provision of public defense services. Localities have long struggled to provide these mandated services, delegated to them by the State in 1965. The current fragmented system leads to fiscal inefficiencies and a well-documented lack of quality services.

While we believe that ultimately New York State needs to adopt the recommendations made to the Chief Judge in 2006 for an overhaul of the entire system, we encourage changes that will meanwhile improve the quality of public defense services. We oppose measures that would decrease even further the ability of public defense lawyers to provide quality representation to their clients. Any change in County Law Article 18-B should not address only cost savings.

Without seeing the explicit language of the proposed initiative, it is impossible to determine whether it will address the need to ensure quality. If the proposed bill simply adds to County Law Article 18-B the choice under § 722(1) to utilize, in addition to a public defender office, a county conflict defender office, it will represent an opportunity lost to include requirements for ensuring quality. That would be unfortunate given the public defense crisis that has arisen under the current statutory scheme.

What would be even more unfortunate would be to permit, overtly or obliquely, a practice now in use in some counties (though not provided for in the statute) that erodes the quality of public defense services. A change allowing any new form of public defense provider should specifically prohibiting public defense contracts let on the basis of cost alone. Contracts that pay a single lump sum for a block of cases regardless of how much work the cases require gives attorneys a direct financial conflict of interest with their clients; work or services beyond the bare minimum reduces the attorney’s take-home compensation. Use of "low-bid" contracts is universally condemned in national standards for provision of all public defense services.

The proposed change is, at best, a very modest “mandate relief initiative.” It is almost certainly intended to protect existing conflict defender offices in the wake of a recent court opinion finding one such entity to have been created illegally. If this can be done in a way that improves the quality of representation, it would make sense. But if only the question of cost is considered is addressing the court decision, further problems will no doubt ensue. The State, along with five counties, is already defending a lawsuit that sets out major, systemic failures to provide quality representation to public defense clients.

"Civil Gideon" Should not Copy NYS Gideon Failures

2010-01-08T09:20:00.001-05:00

Securing “civil Gideon” – expansion of the right to counsel into areas of civil law – would be a “pyrrhic victory” if modeled on New York State’s current implementation of the landmark right to counsel decision Gideon v Wainwright. This was part of the message delivered by the executive director of the New York State Defenders Association today. He testified at a State Senate hearing on “IOLA and the Future of Civil Legal Services in New York State.”

Jonathan E. Gradess – who also directs the Justice Fund and is our Campaign Manager – noted that the clients of public defense lawyers are often the same individuals and come from the same communities as those who need but cannot afford civil legal services. Then he described an idea discussed twenty-five years ago: State-supported holistic legal services (neighborhood law offices) functioning as corporate counsel for the poor to identify and address a range of legal needs. Such a stable, state-level entity, he said, “could function as an advocate for poor people’s legal services in criminal and civil matters, oversee delivery of such legal services, and be the conduit for disbursing funds (to legal services programs, legal aid offices, volunteer lawyer programs, etc.) with real client accountability.“ The Independent Public Defense Commission could be broadened to encompass this concept, he noted. Gradess asked those holding the hearing to consider these broad ideas and to commit to substantial annual fiscal support for civil legal services.

State Bar Priorties for 2010 Include Independent Public Defense Commission

2009-12-31T09:17:00.004-05:00

The New York State Bar Association has included creation of a statewide Independent Public Defense Commission in its legislative priorities for 2010. The State Bar will continue advocating for the commission, one with broad powers to adopt standards, evaluate existing programs and service providers, and generally supervise the operation of New York’s public defense system.

As the New Year unfolds, we hope many others will renew and increase their support of public defense reform as well. Lack of resources and oversight across New York State's patchwork of public defense systems continues to erode trust and confidence in the judicial system. We must intensify the call for Justice Now!

Brighter Days Ahead!

2009-12-21T18:35:00.002-05:00

Today is the winter solstice -- the shortest, darkest day of the year. Here at the Campaign we look forward to longer, brighter days not only in the physical world of earth and sun, but in the justice system. As New York State starts its annual budget process, we will be working to ensure that public defense is not left out in the cold. We thank our supporters for their continuing support and look forward to better days ahead!

Pete Seeger Endorses Campaign for an Independent Public Defense Commission

2009-12-14T11:08:00.002-05:00

Singer-activist Pete Seeger has heard our call for justice and endorsed the Campaign! As nearly everyone knows, Seeger’s life has been spent highlighting the needs of people neglected or targeted by unfair systems. His songs energizing hope have sounded from the labor movement through the civil rights movement to the environmental movement. There are many demands for his attention; we are grateful that he found time to hear about the public defense crisis and the Campaign’s solution. We deeply appreciate him lending his illustrious name to our efforts. We hope Campaign supporters will find creative ways to use Seeger’s endorsement to persuade others to follow!

Innocence Project Blog Links Public Defense Crisis and Wrongful Convictions

2009-12-08T12:47:00.003-05:00

In an entry on December 1, The Innocence Project Blog pointed out the connection between public defense deficiencies and wrongful convictions. Read "Public Defense and Wrongful Conviction" here (scroll down for entry). The support of The Innocence Project, which has endorsed the Campaign, is a crucial part of public defense reform efforts. While every public defense client should receive quality representation, revelations of wrongful convictions get public attention that doesn't often come to bear on more "routine" denials of rights and dignity.

US Attorney General Holder acknowledges the public defense crisis.
In testimony before the Senate Judiciary Committee on November 18, 2009, U.S. Attorney General Eric Holder noted that “justice systems fail when defendants lack access to independent and effective counsel.” Adding that lack of funding and oversight cause many jurisdictions to fall woefully short of the promise made in Gideon v Wainwright, Holder announced steps to find solutions: “I have convened a working group in the Department and tasked it with identifying every tool at our disposal to help address this problem.” As Holder noted, “Justice simply should not be contingent upon whether a defendant can afford to pay for a lawyer.”

Inadequate public defense can lead to wrongful convictions. The Justice Department recognizes the need for public defense reform. These are just two of many points Campaign supporters can raise when making the case for an Independent Public Defense Commission in New York State. We need Justice Now!

LWV Provides Memo in Support of the Public Defense Act of 2009

2009-11-06T14:34:00.002-05:00

While the Public Defense Act of 2009 is not on the agenda for the Special Session called by the Governor for next Tuesday, having legislators back in Albany presents an opportunity to be sure the bill (A.8793/S.6002) remains on their minds. The memos in support that have been submitted by several groups will help ensure legislators realize that the need for public defense reform remains critical.

The League of Women Voters of New York State (LWV), which has long supported public defense reform just provided a memo. And the Campaign notes that the Mental Health Association in New York State (MHANYS) submitted a memo in support some time ago, not previously noted in this blog.

Many thanks to the LWV, MHANYS, and to the other organizations that have provided memos in support! NOTE: It is not too late to ask YOUR organization to write a memo too!

Rochester Newspaper Calls for the Independent Public Defense Commission

2009-10-29T09:13:00.006-04:00

Rochester's Democrat and Chronicle has called for New York State to create the Independent Public Defense Commission! Nearly every judicial candidate the editorial board had interviewed this election season "expressed alarm about the heavy caseloads of public defenders and the quality of legal representation they provide," the editorial notes. The Campaign urges all supporters to comment favorably on this editorial. In your comments, refer Democrat and Chronicle readers to the Campaign's website and this blog for more information about the need for Justice Now!

Capital Region Ecumenical Organization Supports S.6002/A.8793

2009-10-28T15:52:00.005-04:00

The Capital Region Ecumenical Organization (CREO) has submitted a memo in support of the Public Defense Act of 2009! Such memos hearten current sponsors of S.6002/A.8793. Memos also encourage additional Senators and Assemblymembers to sign on. Get your organizations -- faith communities, good government groups, client communities, bar associations, and others -- to submit a memo too; the Legislature needs to hear even more calls for Justice Now!

Thank You, Senator Aubertine!

2009-10-23T09:36:00.003-04:00

State Senator Darrel J. Aubertine has signed on to the Public Defense Act of 2009, S.6002/A.8793! Supporters of public defense reform should contact Sen. Aubertine to thank him.

Momentum for reform also continues on other fronts. The Committee for Modern Courts, a strong supporter of public defense reform, has submitted a memorandum in support of S.6002/A.8793. Other endorsing organizations have done so as well, as noted in the prior post. More are needed!

Recent additions to the Campaign's list of endorsing organizations include the statewide organization, Church Women United in New York State, and the regional group Alliances of Communities Transforming Syracuse. Faith-based organizations are an important part of the Campaign - supporters are encouraged to let their churches, synagogues, temples, or other faith gatherings know about the need for public defense reform and seek their support!

Prison Action Network Offers Memo in Support

2009-10-16T13:28:00.003-04:00

Prison Action Network (PAN) has submitted a bill memo in support of the Public Defense Act of 2009! We hope that other organizational endorsers of an Independent Public Defense Commission will do so as well.

In its memo, PAN reports that its relationships with incarcerated men and women have revealed many trial transcripts that show lack of adequate legal representation. Both clients and attorneys have complained of lack of time for attorneys and clients to talk about the case. Observing that many claims of innocence are justified, PAN adds: “Public safety is not served by the current state of our defense system.”

Other memos in support have already been submitted. The Campaign can assist organizations wishing to submit support memos; contact us at 518-465-0519, or here. Please ask your organization to submit a bill memo in support of A.8793/S.6002 today!

Redoubled Efforts Yield Two Sponsors

2009-09-21T15:03:00.002-04:00

Last week the Campaign asked for your financial support to continue efforts to secure sponsors for S.6002/A.8793, the Public Defense Act of 2009. Two more Senators -- Joseph P. Addabbo Jr. and Diane J. Savino have already signed on! Please thank them - right after you click here and donate to the Justice Fund to increase even more the momentum this Campaign has gained!

Then, if your Senator or Assemblymember hasn’t yet signed on (full list here), please ask that they do so. Justice Now!

New Support for the Public Defense Act of 2009 - More Needed!

2009-09-17T14:27:00.002-04:00

Senator Toby Ann Stavisky has signed on to the Public Defense Act of 2009; the Campaign thanks her and hopes her constituents will too!

New memos in support of S.6002/A.8793 are being submitted soon - watch here for that announcement. Meanwhile, other organizations are encouraged to submit memos as well; to see examples of what has been submitted, click here.

The Campaign continues working to add more legislative sponsors and keep our issue fresh in legislators’ minds. To continue the momentum that has brought us closer than ever to statewide public defense reform, the Justice Fund needs financial support. Please donate as generously as you can to continue the Campaign to sustain our base and drive forward on reform. We are entering a critical phase in this effort to secure Justice Now! Donate securely via PayPal here. Please note that contributions to The Justice Fund are not tax deductible.

Zebrowski is Newest Sponsor of the Public Defense Act of 2009

2009-08-27T14:47:00.002-04:00

Kenneth Zebrowski Jr. recently joined 83 other members of the New York State Assembly and 24 Senators who have signed on to the Public Defense Act of 2009. Full list here. Constituents in the 94th District can thank Assemblymember Zebrowski by contacting him here.

Star-Gazette Supports the Independent Public Defense Commission

2009-08-17T16:38:00.008-04:00

The Elmira Star-Gazette editorialized strongly for the Independent Public Defense Commission this last weekend! After discussing statutory provisions that were intended to improve public defense services but have failed to do so, the editorial concludes about the IPDC:

"It's a sound investment that gives taxpayers more oversight of the program and stands to rid the state of the silly use-it-or-lose-it policy now in effect.

Closer scrutiny, wiser spending, better legal services for the poor. It's a better system than the current one."

And there is more. The editorial noted that State Comptroller Tom DiNapoli voiced support for the IPDC. Having him state his long-standing support publicly gives a real boost to our efforts!

Meanwhile, we continue to ask legislators to sign on to the Public Defense Act of 2009.

Catharine Young sign-on adds to Public Defense Act momentum

2009-08-11T11:02:00.005-04:00

Newly added to the growing list of sponsors for the Public Defense Act of 2009 (S.6002/A.8793) is Senator Catharine Young. The Campaign for an Independent Public Defense Commission expects to announce additional sign-ons soon.

We are concentrating on building support for this Act while the Legislature is out, and momentum continues to grow. Constituents of Senator Young and other sponsors can, in one phone call (or email, letter, or even better, a district office visit), do two things to help. One, thank these legislators for their support and two, ask them to bring more colleagues on board!

Liz Krueger signs on to the Public Defense Act of 2009

2009-08-04T16:56:00.005-04:00

Liz Krueger from Manhattan has signed on to S.6002, the 23rd Senator to do so. We hope and expect more will do so as they hear from constituents about the crisis in public defense in their districts and across the state.

Every added name creates momentum to get even more sponsors signed on. The Campaign asks constituents of Senator Krueger and the others listed below to thank them for signing on and urge them to lead colleagues onto the bill as well. Find out who your senator is here.

Senators signed on to date:
SCHNEIDERMAN, HASSELL-THOMPSON, SAMPSON, ADAMS, BONACIC, BRESLIN, DIAZ, DILAN, DUANE, FOLEY, HUNTLEY, L. KRUEGER, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SERRANO, SQUADRON, STEWART-COUSINS, THOMPSON, VALESKY

Support for Independent Public Defense Commission Grows

2009-07-22T16:12:00.005-04:00

The efforts of the Campaign and its supporters continue to pay off. Senator Thomas K. Duane and Assemblymember Vivian E. Cook have signed on. With those who had signed on previously there are now 83 Assembly members and 22 Senators on the bill.

Meanwhile, New York City Council member Robert Jackson wrote earlier this month to Senators John L. Sampson, William Perkins, and Eric T. Schneiderman thanking them for their roles in introducing and co-sponsoring the bill. Read Council member Jackson's strong support for creating an Independent Public Defense Commission below.

With more support like this, the Public Defense Act of 2009 (A.8793/S.6002) will become law when the Legislature returns!

Jackson Independent Comm

Court's decision does not change the need for public defense reform

2009-07-16T18:34:00.004-04:00

The Third Department of the Appellate Division has dismissed the complaint in the NYCLU constitutional challenge to New York State’s public defense system. Two judges, in a great dissent, set out why the majority opinion is simply wrong.

The Campaign does agree with one aspect of the majority opinion -- the Executive and Legislative branches should resolve this issue without recourse to the courts. We must keep up the pressure on legislators and the Governor to enact the Public Defense Act of 2009 when the Legislature comes back, probably in the fall. Even if the court decision is appealed to the Court of Appeals, we aren’t waiting for it. We continue to push for an Independent Public Defense Commission now.

The Campaign Manager has released a statement, as has Michael Whiteman, Chair of the Committee for an Independent Public Defense Commission. In a nutshell, the Third Department failed to prevent injustice, leaving it up to the Legislature and Governor – and to us.

Another Senator signs on

2009-07-09T16:15:00.005-04:00

Senator Antoine Thompson has formally signed on to S6002, the Public Defense Act of 2009. He was already on record in support of public defense reform; the Buffalo News published his op-ed piece in March, reported here.

Writing in observance of Gideon Day, he noted the need to create an Independent Public Defense Commission and added:

"Albany at long last appears poised to do just that. For reasons of justice and fiscal prudence, we can’t turn back."

While there have been a few unexpected bumps in the legislative road since then, the Legislature must not turn back. Every Senator and Assemblymember who has not yet signed on to S6002/A8793 should do so now. And when the Senate comes back into session, this reform should be a priority.

These legislators are currently signed onto the bill:

A8793
LENTOL, GOTTFRIED, PAULIN, CAHILL, CLARK, CANESTRARI, ENGLEBRIGHT, JACOBS, DINOWITZ, POWELL, PEOPLES, KAVANAGH, ROSENTHAL, BENEDETTO, WEINSTEIN, JOHN, SCHIMEL, LANCMAN, O'DONNELL, LATIMER, CAMARA, CASTRO, GIBSON; M-S: Abbate, Alfano, Aubry, Bacalles, Benjamin, Bing, Boyland, Bradley, Brennan, Brodsky, Brook-Krasny, Cymbrowitz, DenDekker, Espaillat, Farrell, Fields, Gantt, Giglio, Glick, Gordon, Heastie, Hikind, Hooper, Hoyt, Jaffee, Jeffries, Kellner, Lavine, Lifton, V. Lopez, Lupardo, Magee, Magnarelli, Maisel, Markey, McEneny, Millman, Morelle, Ortiz, Parment, Perry, Pheffer, Pretlow, Ramos, Reilly, N. Rivera, P. Rivera, Robinson, Scarborough, Schroeder, Scozzafava, Sweeney, Thiele, Titone, Titus, Towns, Townsend, Weisenberg, Wright

S6002
SCHNEIDERMAN, HASSELL-THOMPSON, SAMPSON, ADAMS, BONACIC, BRESLIN, DIAZ, DILAN, FOLEY, HUNTLEY, MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SERRANO, SQUADRON, STEWART-COUSINS, THOMPSON, VALESKY

State Bar files memo in support of IPDC bill

2009-07-07T10:33:00.001-04:00

The New York State Bar Association has submitted a memorandum in support of the Public Defense Act of 2009. Noting the multiple studies and commissions that have examined the State’s public defense system, the memo recognizes that the current system is “underfunded, overburdened with excessive caseloads, and plagued by inadequate support services.” The State Bar “SUPPORTS the passage of this critically needed legislation.”

Without touting the State Bar’s own award-winning efforts to create public defense standards, the memo notes the lack of “statewide standards by which to evaluate what is an ‘adequate’ public defense system.” Submitted after President Michael E. Getnick’s June 17th legislative priority letter to legislators, reported here, the memo in support demonstrates the State Bar’s dedication to public defense reform.

A general bar association, the State Bar is the largest voluntary bar association in the United States, with over 70,000 members. Among its 23 specialized substantive law sections and more than 60 standing, special and other committees is the Committee to Ensure the Quality of Mandated Representation. This group drafted the public defense standards adopted by the House of Delegates – the State Bar’s governing body – in 2005. Those standards, along with standards developed by the New York State Defenders Association, and others, will be used by the Public Defense Commission in the initial evaluation of existing public defense providers. (Section 499-G(2) of the bill.)

High Caseloads, High Turnover in St. Lawrence County

2009-07-06T11:55:00.000-04:00

The new Public Defender in St. Lawrence County comes into an office with a huge, growing caseload and a shrinking staff. Last year, the three criminal defense attorneys in the office handled 1,821 cases last year – an average of 607 apiece. Yet one attorney position was eliminated this year, according to a news account. And the problem is longstanding. The New York State Defenders Association noted a St. Lawrence turnover problem in 2001, in footnote 21 to a report on statewide problems. Since 1999, the tenure of five St. Lawrence County Public Defenders has lasted from less than a year to no more than two, with only one person holding the job for over five years.

But this is not just a St. Lawrence County problem. Consider Jefferson County, which adjoins St. Lawrence. A report card issued by the National Legal Aid and Defender Association (NLADA) in 2008 on Jefferson County’s provision of public defense services noted that there had been 28 attorneys in the office during its 20 year existence. Only seven had ever remained with the office for more than 5 years. Fifteen had stayed less than 2 years. Things have improved somewhat, according to the County Administrator there, because of an increase in salaries. He told the Watertown Daily Times for the above story that they had been “very successful” keeping staff attorneys for “four or five years,” up from the late 1990s when they were “keeping staff for maybe two years” and “ thought that was pretty good."

High turnover due to low salaries and high caseloads results in a nearly constant need to hire and train new staff. This is an inefficient use of limited resources. Raising salaries to retain staff places a great fiscal burden on counties. These are examples of why New York State should reform public defense. The proposed Independent Public Defense Commission would plan and implement effective ways to retain experienced, proficient public defense lawyers in the North Country and across the state.

John Bonacic signs on!

2009-07-01T09:33:00.001-04:00

State Senator John J. Bonacic has signed on to S.6002, the Public Defense Act of 2009. Campaign supporters can say "thank you" to Sen. Bonacic by going here. His Senate biography reveals a number of reasons that Bonacic's support is very welcome; he has served as an Assistant District Attorney (Orange County) and serves on the Judiciary and Codes Committees, among others. The Campaign hopes that many of his Republican colleagues – and Democrats too – join Senator Bonacic in signing on to S.6002/A.8793.

Saying "Thanks" and "Please"

2009-06-29T16:54:00.004-04:00

Additional legislators have signed on to the Public Defense Act of 2009 since the introduction of A.8793/S.6002, and others have promised to do so. This is great news - the more sponsors, the better! Because new sign-ons don't appear on the printed bills posted by the legislature, the Assemblymembers and Senators signed on so far are listed below, with links to their websites.

Please -- thank your Senator and/or Assemblymember if they have signed on, and ask them to sign on if they have not yet done so. Thank you! We'll update the list as additional legislators join the effort to reform New York State's broken public defense system.

A.8793

Introduced by: Joseph R. Lentol

S6002
Introduced by: Eric T. Schneiderman

The State Senate has a bill to create the Independent Public Defense Commission!

2009-06-22T11:55:00.003-04:00

The bill to create an Independent Public Defense Commission is now in the Senate – S.6002. Introduced by Senator Eric T. Schneiderman, the bill has been referred to the Senate Rules Committee. Cosponsors include Senators Hassell-Thompson, Sampson, Adams, Breslin, Foley, Huntley, Monserrate, Montgomery, Onorato, Oppenheimer, Parker, Perkins, Serrano, Stewart-Cousins, and Valesky. The bill is the same as A.8793.

We must push to get this bill passed this session. We don’t accept any media assumption that our reform is stalled indefinitely; as our Campaign Manager told The Capitol newspaper recently, we “don’t have time to be dejected… there are thousands of people waiting for this legislature to fix a system that is broken.” With supporters' help, we will pass the Independent Public Defense Commission bill soon.

PLEASE TAKE IMMEDIATE ACTION!
Call:

Governor David Paterson - 518-474-8390 - and say that A.8793/S.6002 must pass in both houses of the Legislature NOW!

Speaker Sheldon Silver - 518-455-3791 - and say the Assembly should pass A.8793 NOW!

The following Senators and say the Senate should pass S.6002 NOW!
Senator John L. Sampson - 518-455-2788

Senator Dean G. Skelos – 518-455-3171

Senator Malcolm A. Smith – 518-455-2701

Senator Pedro Espada, Jr. – 518-455-3395

Also, please email or call and say thank you to Senator Schneiderman and the other Senators who have signed on to S.6002 so far.

Fortune Society, Center for Community Alternatives, El Diario, and Others Weigh In For A.8793

2009-06-19T13:07:00.007-04:00

Major statewide organizations have come out this week with strong statements of support for The Public Defense Act of 2009 (A.8793), in the wake of its quick passage through the Judiciary and Codes committees of the State Assembly. Read the statements below (links are in PDF):

Other organizations are encouraged to submit statements of support, and should contact the Campaign for details.

Also, check out today's editorial (PDF) in El Diario, "An Inadequate Defense." Here's an excerpt:

"Poor people who stand accused pay the price for an inadequate or incompetent defense. With the poverty rates among Latinos and African-Americans, it is these same communities that are disproportionately affected by a broken system."

NYS Bar Association President Calls for Public Defense Reform this Session

2009-06-18T09:42:00.003-04:00

A letter yesterday (6/17/09) from the President of the New York State Bar Association to all legislators and the Governor set out a priority list of legislation that should be passed this session, including creation of a independent public defense commission. A State Bar press release says that Michael E. Getnick "called on state lawmakers to act on several important issues before the close of this year's legislative session, including allocating critical funding to civil legal service providers, reducing the number of wrongful convictions, establishing an indigent defense commission for the provision of quality public defense services, and enacting legal equality for same-sex couples." [emphasis added]. The Campaign for an Independent Public Defense Commission lauds the State Bar's continuing support for implementing the Kaye Commission's recommendations for public defense reform.

Bill Clears Codes Committee 1 Day After Judiciary Committee Vote

2009-06-17T15:42:00.002-04:00

The bill to create a Public Defense Commission emerged from the Assembly Codes Committee today. That's just one day after it was voted out of the Judiciary Committee, as reported below. Read the Campaign's press release here.

The Campaign asks supporters of public defense reform to thank the Codes Committee members for acting so promptly, especially the Chair of the Committee, Joseph Lentol, who also introduced this important legislation.

And again, the Campaign wants Assembly Speaker Sheldon Silver to hear from supporters that A.8793 is moving and that the Assembly should pass it as soon as possible.

Public Defense Act of 2009 (A.8793) Voted Out of Judiciary Committee

2009-06-16T13:37:00.004-04:00

The Judiciary Committee in the State Assembly voted out the Public Defense Act of 2009 (A.8793) this morning (June 16). The Campaign issued a press release lauding the Committee’s actions.

It is important to move A.8793 though the committees that must approve it before it can come to the floor of the Assembly. By acting now, the Judiciary Committee has helped ensure this reform will be poised for passage in both houses once the bill is introduced in the Senate and that body is again in session.

The Campaign asks its endorsers -- and all supporters of public defense reform -- to:

Thank the Judiciary Committee members, especially Chair Helene Weinstein (518-455-5462), for this much-needed action that furthers momentum for an Independent Public Defense Commission and to:

Contact Assembly Speaker Sheldon Silver (518-455-3791) and say the Assembly should pass A. 8793 as soon as possible.

New York needs the Commission regardless of who controls the State Senate

2009-06-10T15:09:00.005-04:00

With the recent developments in the New York State Senate, you may not be sure where to go from here regarding the Campaign. Don’t be discouraged; we are continuing to fight for creation of the Independent Public Defense Commission this session!

The Assembly has introduced A. 8793, which is the Public Defense Act of 2009. Assemblyman Joseph Lentol is the main sponsor and there are 77 additional co-sponsors of this legislation. You can see a list of the sponsors and the full text here.

It would be great if you could take a moment to thank Assemblyman Lentol (email LentolJ@assembly.state.ny.us) and your Assemblymember if he or she is on the bill (find members by zip code here ). If you do not see your Assemblymember listed please urge him or her to join colleagues and Assemblyman Lentol in supporting the commission.

We are working hard to respond to any changes in leadership and we will let you know our next step as soon as possible. For now we need you to continue to call the Governor!!

Please call Governor Paterson at (518) 474- 8390 and tell him, “I want the Independent Public Defense Commission this session and I support A.8793!”

Thank you for your continued support.

Prosecutors speak out for public defense

2009-06-04T18:33:00.001-04:00

In testimony at this morning’s [June 4] Congressional hearing a prosecutor supported reforms for public defense nationwide. He noted that “full implementation of this sixth amendment right to counsel is critical as both a constitutional and practical matter if we are to have the system of criminal justice that our Constitution promises.” But, he added, “this promise is not being kept.” The prosecutor, Robert M. A. Johnson of Anoka MN, called for federal action including creation of an independent National Center for Defense Services and defense/prosecution parity in federal research and grant awards.

Addressing an issue that concerns many here in New York in discussions about creating an Independent Public Defense Commission, Johnson asked the rhetorical question “How can we provide [public defense] assistance with all the other demands we face?” The response: “How can you not? You provide massive amounts of funds to police, prosecution, and prison. It is past time that you invest in an entire system and not simply a punitive piece of the system.”

District Attorneys in New York State who recognize their duty to do justice also support public defense reform. For example, see Westchester County District Attorney Janet DiFiore’s op-ed piece earlier this year.

Prosecutors who “any other day of the week… might have an adversarial relationship with most defense lawyers” can support public defense reform, as the ACLU “Blog of Rights” noted back on March 30, 2009. In covering the earlier Congressional hearing, the blog noted that the prosecutor’s office in Wayne County Michigan (Detroit) appeared in support of public defense reform, quoting from a National Legal Aid and Defender Association report: “When there is an inadequate defense, bad things can happen…. If the wrong person is convicted, a guilty person remains free to continue to commit crimes. An unskilled defense attorney puts an additional burden on an already too burdened prosecutor. It means that the prosecutor must try to watch out for the rights of an accused. Ineffective representation also burdens the appellate process…. New trials are granted. There is no closure for victims and their families…. Memories fade and justice is less likely to be served.”

New York’s Public Defense Crisis is News Nationwide

2009-06-04T09:48:00.001-04:00

Kimberly Hurrell-Harring “tumbled headlong into the Alice-in-Wonderland chaos of court-appointed lawyers, where even those lawyers say there is little time for clients.” This example of the crisis in New York State's public defense system leads an AP press story carried in the Seattle Times on June 3, 2009. Read the full story here. Hurrell-Harring is a plaintiff in a pending New York Civil Liberties Union lawsuit against New York State and five counties.

As the AP story was hitting the press on the west coast, final preparations were underway in Washington for a Congressional hearing on “Indigent Representation: A Growing National Crisis” being convened by the U.S. House of Representatives Judiciary Subcommittee on Crime, Terrorism, and Homeland Security on June 4. Those proceedings, scheduled to begin at 9:30 a.m., will be available online. While not state specific, witnesses may well refer to the ongoing crisis of New York’s public defense system.

At a prior Congressional hearing titled “Representation of Indigent Defendants in Criminal Cases: A Constitutional Crisis in Michigan and Other States?” David Carroll of the National Legal Aid and Defender Association provided written testimony that referred to the findings in 2006 by former Chief Judge Judith Kaye’s commission. The recommendations of that commission remain the core of reform efforts, as is set out on the website of the Campaign for an Independent Public Defense Commission.

All testimony from the earlier Congressional hearing is available on the website of the Michigan Campaign for Justice, a group that seeks implementation of a statewide public defense system headed by an independent public defense commission.

David Dinkins, NY Daily News columnist Errol Louis endorse the commission

2009-06-02T13:09:00.000-04:00

For the full list of editorials, op-eds, and columns, click here.

From the Dinkins piece:

"As a lawyer, I know that a right is only meaningful if it can be exercised effectively. That is why I am adding my voice to those calling on our state leaders to finally reform our broken system of public defense services . . . by creating an independent public defense commission . . . . Even well-intentioned lawyers such as those who work for the Legal Aid Society in New York City must struggle with crushing caseloads and the lack of resources . . . . That is why Legal Aid -- along with the state bar association, civic groups, religious leaders, the state legislature's minority caucus and so many others -- supports creating the independent commission . . . . It is incumbent upon those of us committed to equal justice to urge our leaders not to wait any longer . . . ."

From the Louis piece:
"All across New York State, [poor] defendants arrive at the bar of justice with legal assistance that is rushed, cursory, inadequate or nonexistent - a situation that is blatantly unconstitutional . . . . New York desperately needs a politically independent, properly funded public defender commission - a statewide agency that would provide the funding, training and enforceable legal standards currently absent from so many . . . offices . . . . Justice demands that we stop looking away."