Provides that the attorney general, in consultation with the adjutant general and the chair of the board of trustees of the New York interest on lawyer account fund, establish a military pro bono program to provide legal assistance without charge to those in active military service of the United States and those military personnel who have been deployed for active duty other than training, and their family members domiciled or stationed in the state; makes related provisions.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A164
SPONSOR: Cruz TITLE OF BILL:
An act to amend the military law and the state finance law, in relation
to legal assistance for military families
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to provide a pro bono legal fund for mili-
tary families and active military personnel.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill amends the military law by adding a new section
15-a which would provide pro bono legal services for active duty members
of the military and their families, this provision is an expansion of
the current pro-bono legal services funded by the state's IOLA account.
Section 2 amends paragraph c of subdivision 3 of section 97-v of the
state finance law to include legal services for military personnel and
their families as eligible for funds from the state's IOLA account.
Section 3 is the enacting clause.
JUSTIFICATION:
This bill would provide much needed legal relief for military families
and active military personnel. While service members and their families
have access to military legal assistance to receive advice and assist-
ance, many have to pay for and obtain their own counsel. This bill
would help by creating a pro bono legal program that can connect quali-
fied attorneys with service members and their families. This program
would provide assistance to those who have served our country, as well
as their families. By ensuring pro bono legal representation to military
personnel and their families, New York State can continue to give back
to our brave veterans and service families.
FISCAL IMPLICATIONS:
To be determined.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
164
2025-2026 Regular Sessions
IN ASSEMBLY(Prefiled)
January 8, 2025
___________
Introduced by M. of A. CRUZ -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the military law and the state finance law, in relation
to legal assistance for military families
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The military law is amended by adding a new section 15-a to
2 read as follows:
3 § 15-a. Legal assistance for military families. 1. The attorney gener-
4 al shall, in consultation with the adjutant general and the chair of the
5 board of trustees of the New York interest on lawyer account fund,
6 establish a military pro bono program to provide legal assistance with-
7 out charge to those in active military service of the United States and
8 those military personnel who have been deployed for active duty other
9 than training, and their family members domiciled or stationed in the
10 state.
11 2. The assistance provided by such program shall include, but not be
12 limited to: (a) civil law; (b) family law; (c) estate planning; (d)
13 employment law; (e) immigration law; (f) debtor-creditor law; and (g)
14 military administrative law.
15 3. The attorney general and the adjutant general may apply for and
16 receive grants, gifts, donations, bequests, or other contributions to
17 support the military pro bono program and shall deposit such funds in
18 the New York interest on lawyer account fund, to be used exclusively for
19 legal assistance for military families pursuant to paragraph c of subdi-
20 vision three of section ninety-seven-v of the state finance law.
21 4. The adjutant general shall establish a military family legal
22 assistance advisory committee to include, among others, representatives
23 from each of the legal assistance offices on military installations in
24 the state, the New York state bar association's committee on veterans,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00737-01-5
A. 164 2
1 the division of veterans' services, the office of court administration,
2 veterans service organizations, military support organizations, and
3 organizations involved in coordinating, supporting and delivering civil
4 legal aid and pro bono legal services in New York state. The committee
5 shall be co-chaired by the state judge advocate or their assistants, and
6 the chair of the board of trustees of the New York interest on lawyer
7 account fund, or the chair's designee, and shall provide advice and
8 assistance to the attorney general regarding program design, operation,
9 volunteer recruitment, support strategies, service delivery objectives
10 and priorities, and funding for the military pro bono program.
11 5. The attorney general may promulgate rules and regulations necessary
12 to effectuate the purposes of this section.
13 § 2. Paragraph c of subdivision 3 of section 97-v of the state finance
14 law, as added by chapter 659 of the laws of 1983, is amended to read as
15 follows:
16 c. The remaining funds shall be allocated for purposes related to the
17 improvement of the administration of justice, including, but not limited
18 to, legal assistance for military families pursuant to a military pro
19 bono program established under section fifteen-a of the military law,
20 the provision of civil legal services to groups currently underserved by
21 legal services, such as the elderly and the disabled, and the enhance-
22 ment of civil legal services to the poor through innovative and cost-ef-
23 fective means, such as volunteer lawyer programs and support and train-
24 ing services.
25 § 3. This act shall take effect immediately.
