The New York Commission on the Future of Indigent Defense, established by Chief
Judge Judith S. Kaye, has unaminously recommended “a single, statewide, state-funded
system for the delivery of indigent defense services.” Judge Kaye will give the details of
her resulting proposals, in her State of the Judiciary address, next Monday, February 6,
2006. (Albany Times Union, Jan. 31, 2006) According to Ray Kelly, president of the state’s
Association of Criminal Defense Lawyers:
“They are talking about setting up a statewide public defender office that would
be responsible for handling 60 percent of the state’s cases. They would then set
up a statewide system of assigned counsel to handle any conflicts.”
Last February, this weblog voiced the opinion that “indigent defendants are far more likely
to receive consistently competent representationin a system with fulltime public defenders
(with statewide monitoring and funding) than from situations that rely heavily on assigned
counsel. (And see, David Feige’s excellent Slate article “Public Offenders,” where he says
that onlya comprehensive public defender system, not one relying heavily on assigned counsel,
will provide adequate service. ) Gideon’s Broken Promise, the ABA 2005 report on indigent
defense, states that national standards for indigent defense favor fulltime public defenders,
whenever the population and caseload can support them.
The New York indigent defense “system” has been organized and funded on the county
level since Gideon v. Wainright. Many private attorneys count heavily on the assigned
counsel cases they received under this system and fought hard for a rate hike, finally
passed in 2004, that brought fees long stuck at $25 to $75 per hour to $60 to $95 dollars
per hour. It is somewhat ironic, but the impetus for this change is reaction of the sixty-two
counties to the rate hike. The TU reports that, without additional State funds to help pay
for the hike:
“emptypocketsS”
“They opted instead to set up in-house offices, which were not subject to the
higher rates, to save money. the state’s 62 counties have established more than
122 individualized programs to defend the poor, with no cohesion, unified standards
or consistent format, said Ray Kelly….”
Indeed, just last week, the Schenectady Gazette reported that “Eighteen months after it
began operations, the Schenectady County’s Conflict Defender Office has helped save
taxpayers more than $100,000 in outside attorney fees, a review shows. (Jan. 29, 2006,
p. B2).
Don’t be surprised if this trend spreads across the nation, as more and more assigned
counsel (who are in private practice) push for higher fees. The Bar Advocates in Mass-
achusetts are clearly afraid that the fee hikes they coerced from the Legislature last year
may result in the establishment of public defender offices that will take away work they
consider to be “theirs.” Thus, they adamantly oppose the hiring of more public defenders.
(see our prior post) Perhaps, like auto workers, their organized successes may prove to
be their undoing.
the mountain moon
gives the blossom thief
light
January 31, 2006
NY’s Chief Judge wants a statewide public defender system
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