North Country Assemblywoman Addie J. Russell, D-Theresa, joined lawmakers from both sides of the aisle in the state Senate and Assembly to support legislation addressing the funding of indigent legal services by the State of New York.

The legislation would require the state to reimburse counties and cities for providing indigent legal service and would eliminate the geographic disparity that prevents New Yorkers from receiving effective representation.

“This legislation is crucial to the sense of fairness in the legal system and equity in how counties are treated in this state,” Russell said. “In addition to restoring faith in our legal system, this legislation is about mandate relief. The poorest communities in our state are the ones that need the most help ensuring defendants receive their constitutional right to counsel. Up until now, our policies at the state level have not reflected that. People need to feel our justice system as integrity; ensuring defendants from all economic backgrounds have effective representation is absolutely necessary for a well run democracy.”

Her 116th “River” District covers Massena, Ogdensburg, Louisville, Waddington, Lisbon, Oswegatchie, Morristown and Hammond along the St. Lawrence River, and also the St. Lawrence County towns of Canton, Potsdam, Rossie, Macomb and DePeyster, plus northern Jefferson County, not including Watertown.

“St. Lawrence County appreciates the bipartisan, bicameral leadership displayed by Senator Ritchie, Senator DeFrancisco, Assemblywoman Fahy, Assemblyman Lentol and Assemblywoman Russell in seeking ways to not only assist struggling localities with alleviating the burdens of unfunded mandates but in seeking to ensure justice for all, as commanded by the sixth amendment to the United States Constitution. St. Lawrence County Legislators, led by Legislator Denesha, Legislator Lightfoot, Legislator Dann, Legislator Burke and County Administrator Doyle, have actively sought relief on this issue for the past year. It is clear that our State representatives have heard the call and are answering with true solutions to the problem. The message they send is clear: While the Hurrell-Harring Settlement may have been limited to only five counties, New York State will not forget the other fifty-seven counties or their residents,” said St. Lawrence County Attorney Stephen Button.

In the landmark decision of Gideon v. Wainwright over 50 years ago, the Supreme Court of the United States, ruled it is a fundamental right of all persons in the United States to be represented by counsel in all criminal proceedings.

The State of New York implemented this by mandating counties pay for their defense. A 2006 report chaired by the late former Chief Judge Judith Kaye labeled the state of public defense as an ‘ongoing crisis.’ Many counties do not have a system of supervising caseloads or standards to ensure comparable compensation for defenders.

This bill would provide counties with significant fiscal mandate relief by providing a full state fiscal takeover of indigent defense services in the next four years. The proposed legislation would ensure that first-rate legal representation for indigents not be compromised and relieve county taxpayers from the state’s responsibility.

The legislation is carried by Senator John A. DeFrancisco, R-Syracuse, and Assemblywoman Patricia A. Fahy, D-Albany.