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Indigent defense bill clears Senate; would shift cost of defending the poor from St. Lawrence County to Albany

Posted 6/16/16

A bill to provide counties with millions of dollars in mandate relief by requiring the state to cover the cost of legal services for the poor has passed the Senate, according to Sen. Patty Ritchie, …

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Indigent defense bill clears Senate; would shift cost of defending the poor from St. Lawrence County to Albany

Posted

A bill to provide counties with millions of dollars in mandate relief by requiring the state to cover the cost of legal services for the poor has passed the Senate, according to Sen. Patty Ritchie, R-Heuvelton.

Under the measure, the state would be required to absorb the full cost of indigent defense over the next seven years. It’s estimated it would save the three counties Ritchie represents $5.6 million a year, when fully effective, she said.

“Paying for indigent legal services is challenging for counties across New York State—including St. Lawrence County,” said St. Lawrence County Attorney Steve Button.

A 1963 Supreme Court ruling requires governments to pay for an attorney for defendants who cannot afford to hire their own. Rather than paying the tab, New York passes most of the cost along to its counties, straining on local budgets, Ritchie said.

Recently, the state settled a lawsuit by agreeing to pay the full cost of indigent defense in just five counties.

“It’s unfair for the state to require our counties to foot the bill for services they are mandating they provide,” said Ritchie. “I’m pleased to see the Senate pass this vitally important mandate relief measure, which will allow counties to more easily balance their budgets and lessen the burden on taxpayers.”

The measure was sent to the Assembly, she said.