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A02874 Summary:

BILL NOA02874
 
SAME ASNo Same As
 
SPONSORPretlow
 
COSPNSR
 
MLTSPNSR
 
Amd SS719, 720, 722-c, 722-e & 722-f, County L
 
Establishes the New York state public defense commission to oversee the provision of public defense services in the state; such commission shall establish public defense services standards, provide financial assistance to local governments and public defense providers for expenses incurred in providing legal services to the indigent, provide training to persons in the public defense profession and oversee the provision of public defense services in the state.
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A02874 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2874
 
SPONSOR: Pretlow
  TITLE OF BILL: An act establishing the New York state public defense commission, providing for the members, powers and duties thereof, and providing fiscal relief to localities; and to amend the county law, in relation to public defense services   PURPOSE: To provide fiscal relief to localities and to improve the state's justice system by increasing the efficiency and effectiveness of public- ly-provided legal representation.   SUMMARY OF PROVISIONS: sec. 1-legislative findings; sec. 2--short title: "New York state public defense commission act"; sec. 3--definitions; sec. 4--establishes a public defense commission to oversee the expenditure of state funds and to coordinate the provision of publicly- provided legal representation; sec. 5--establishes a public defense commission nominating committee; sec. 6--establishes a director of public defense services; sec. 7--sets forth general powers of the commission; sec. 8--establishes public defense services standards; sec. 9--establishes a system whereby local providers of public defense services may apply for state financial assistance; sec. 10--allows the commission to provide defense services to clients at the request of a judge, public defense provider or local government, pursuant to contract; sec. 11--guidelines for eligibility for public defense services; sec. 12--directs the director of public defense services to provide training to providers of public defense services; sec. 13--directs the director of public defense services to provide oversight of providers of public defense services; sec. 14--re- quires an annual report by the commission to the governor, senate and assembly, and to the chief judge of the court of appeals; sec. 15--tax exempt status of commission; sec. 16--confidentiality of public defense records; sec. 17--allows certain expenses of a public defender serving more than one county to be paid by the state with assistance pursuant to this act; sec. 18--requires public defenders who report pursuant to section 720 of the county law also report to the commission; sec. 19--increases compensation for representation; sec. 20--removes limit on compensation in certain circumstances; sec. 21--allows financial assist- ance from the state pursuant to this act for counsel services in certain circumstances; sec. 22--requires annual reports by a public defender appointed pursuant to article 18-A to the commission; sec. 23--no remedy removed by this act; no employee to lose classification or status as a result of transfer pursuant to this act; sec. 24--severability; sec. 25--effective date.   JUSTIFICATION: New York State has neglected its duty to provide quality defense services. The state has not significantly revised its method of provid- ing public legal representation in over 35 years, and the state has not raised its assigned counsel rates since 1986. Lawyers serving on assigned counsel panels under article 18-B of the County Law generally earn $25 an hour for out-of-court activity and $40 an hour for in-court work. The number of attorneys willing to serve on these panels has shrunk by nearly 70% in the last decade. The decline in the number of attorneys willing to serve as assigned counsel threatens to impair the state's legal system. Attorneys have brought lawsuits challenging the state's fee structure, and have refused to accept further assignments. Fearful of the impact the present payment scheme may have on the quality of justice in their courtrooms, many judges have even overridden 18-B rates. The complexity of New York's indigent defense system demands a thorough and systematic approach which takes into account the varied needs of the state's different counties. Infusing state money to merely increase the assigned counsel rate, for instance, would discriminate against those counties that have taken the initiative of creating institutional defense providers. New York lags far behind the national standard in its oversight of public defense services. A majority of states coordinate their defense systems at the state level, often through the use of a commission. Sixteen states have gone so far as to set up statewide public defender offices with full authority for the provision of defense services. New York, however, is among only fourteen states that place decisions surrounding indigent defense services entirely with local officials with little or no programmatic guidance at the state level. By contrast, public defense standards have been established in many other states, including Connecticut, Georgia, Indiana, Kansas, Minnesota, Nebraska, North Dakota, Oregon, Washington, Louisiana, Massachusetts, Michigan, New Mexico, Ohio, and Virginia. The independent governing body set forth for the public defense commis- sion established by this act would insulate public defenders and public defense systems from undue professional, fiscal, or political pressure and from political pressures adverse to the interests of public defense clients. It would also create clearer standards of quality in indigent representation, promote efficiency in indigent defense provision, and ensure that state funding has its maximum impact in improving indigent representation.   LEGISLATIVE HISTORY: A2496 2009/2010 held for consideration in judiciary   FISCAL IMPLICATIONS: Increased state spending for publicly-provided legal representation will be partially offset by an increased efficiency in the operation of the legal system. The cost of the increase to criminal and family court representation under Article 18-B of the County Law and for Law Guardi- ans would be $108,000,000 to be paid for by the state.   EFFECTIVE DATE: This act shall take effect immediately, and the appointment of members to the New York state public defense commission shall be completed with 90 days of such effective date, and the public defense services stand- ards, required by section eight of this act, shall be promulgated within 180 days of the appointment of all members of the New York state public defense commission.
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