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Indigent defense bill clears Assembly, could save St. Lawrence County taxpayers millions

Posted 6/2/16

By JIMMY LAWTON CANTON -- A bill that could save the St. Lawrence County millions of dollars annually by transferring costs associated with indigent defense to the state has cleared the Assembly. The …

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Indigent defense bill clears Assembly, could save St. Lawrence County taxpayers millions

Posted

By JIMMY LAWTON

CANTON -- A bill that could save the St. Lawrence County millions of dollars annually by transferring costs associated with indigent defense to the state has cleared the Assembly.

The measure passed 95-0 in favor Thursday afternoon.

It’s a big step forward for St. Lawrence County officials who have worked hard to get the bill passed.

“We couldn’t be more pleased with the results,” said St. Lawrence County Attorney Stephen Button who has helped lead a movement to get the state to fund public defense for those who can’t afford it, rather than have the burden fall on county property taxpayers.

Button said he is often asked what difference it makes whether the funding comes from locals, or from state taxes, since in the end it’s still tax dollars. He pointed out that state taxes come largely from sales, taxes and other revenue sources that are paid by people not just living in St. Lawrence County, but visitors as well.

He said students, visitors and foreigners all utilize the services, but the cost for indigent defense falls largely on the property owners. He said the bill passed by the Assembly is “fundamentally more fair.”

Button said that counties have been responsible for the cost of indigent defense since 1963 and the costs have been a major burden for counties.

St. Lawrence County allocated $2.34 million to fund indigent defense in the 2016 budget.

Button praised the leadership of all of St. Lawrence County’s state representatives as well as Sen. John DeFrancisco, R-Syracuse, and Assemblywoman Patricia Fahy, D-Albany, who have worked to get the measure passed.

The county’s representatives include Assembly members Marc Butler, Ken Blankenbush, Janet Duprey and Addie Russell and Senators Patty Ritchie, Betty Little and Joseph Griffo.

The bill must clear the Senate before it can be signed into law, but Button said it’s expected to hit floor there next week.

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.