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American Bar Association calls on governor to sign indigent defense funding law; would save St. Lawrence County millions

Posted 8/11/16

By JIMMY LAWTON CANTON – The American Bar Association has called on Gov. Andrew M. Cuomo to sign a bill that will force the state to assume the cost of indigent defense completely by 2023. The …

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American Bar Association calls on governor to sign indigent defense funding law; would save St. Lawrence County millions

Posted

By JIMMY LAWTON

CANTON – The American Bar Association has called on Gov. Andrew M. Cuomo to sign a bill that will force the state to assume the cost of indigent defense completely by 2023.

The bill, which was pushed for by St. Lawrence County officials, has passed the Assembly and Senate, but has not yet been signed by the governor.

The State Defender Association’s recently honored St. Lawrence County Attorney Stephen Button for his efforts in pushing the passage of the bill.

St. Lawrence County allocated $2.34 million to fund indigent defense in the 2016 budget. Once the law is fully implemented in seven years it is expected to save the financially struggling county millions of dollars annually.

The American Bar Association, which has written a letter to Gov. Cuomo, has over 400,000 members with 42,000 in the state.

“More than half a century ago, the United States Supreme Court recognized the sixth amendment right to counsel in state court criminal proceedings,” the letter says. “The duty to fund the right to counsel rests with the state. Yet New York has long abdicated this duty, burdening its 62 counties with funding public defense. The results -- grossly inadequate funding leading to widespread constitutional and ethical violations, the subject of numerous reports and lengthy litigation -- have been disastrous.”

“The nation now turns its eyes to you. Unanimously approved by the legislature, Bill A.10706 will ensure that attorneys can meet their ethical and constitutional duties, and that clients can receive quality legal representation. Because county-based public defense funding has recently become the subject of class action litigation in several other states, your decision will pave a way forward for criminal justice in the United States. The ABA therefore strongly urges you to sign Bill A.10706 and thanks you in advance for your consideration,” the letter says.

In 2014, a lawsuit alleging that New York State has been derelict in its responsibilities for funding indigent defense appropriately resulted in a settlement between the plaintiffs, the State of New York and the five named counties (Schuyler, Washington, Ontario, Onondaga and Suffolk).

Terms of the settlement outlined an increase in funding from the state for the five counties, but stagnant growth for the remaining 57 counties.

This indigent defense bill would expand that precedent to all New York counties over a seven-year period with incremental increases. The bill would require the state to cover expenses for indigent defense beginning in 2017. The funding would be gradually phased in to 100 percent by 2023.