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St. Lawrence County attorney speaks to state reps in Albany on indigent defense bill, says proposal has broad bi-partisan support

Posted 1/21/16

 By JIMMY LAWTON St. Lawrence County Attorney Stephen Button, who spoke in Albany today, says support for a bill that would force the state to pay for indigent defense is gaining strong support. …

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St. Lawrence County attorney speaks to state reps in Albany on indigent defense bill, says proposal has broad bi-partisan support

Posted

 By JIMMY LAWTON

St. Lawrence County Attorney Stephen Button, who spoke in Albany today, says support for a bill that would force the state to pay for indigent defense is gaining strong support.

Button was among several speakers in Albany Jan. 21, who spoke in favor of the state funding costs associated with public defense for those who can’t afford it. Button says the state has always had an obligation to fund indigent defense, but instead passed the costs on to counties.

Button said this bill combines social justice issues, constitutional issues and much needed mandate relief for counties. He said Albany meeting proved the bill has support from county executives and state representatives across party lines and legislative chambers.

Button said that kind of support vastly increases the odds of the bill making it the floor as the state representative begins budget discussions.

The bill could have a large impact on the county budget, if it becomes law. In the 2016 budget St. Lawrence County has allocated $2.34 million to fund indigent defense.

Assemblywoman Addie J. Russell D-Theresa, who co-sponsored the bill in the Assembly, also attended the meeting. Russell pointed out that the governor included, in his budget, funding for five counties that successfully sued the state for indigent defense reimbursements.

Russell says that fact, combined with the broad support gives the bill some real legs.

“I absolutely think it has a chance to make to the floor. It’s an issue that is at its time. It’s a legal issue for the state and we continue to make progress on it. It’s bi-partisan, it has support in both houses of the legislator. I’m happy that an issue important to St. Lawrence County has gained this kind of support and it means a lot when we have representatives from our county government speaking to the legislators,” she said.

Sen. Patricia Ritchie, who co-sponsored the bill in the Senate, also attended the meeting.

“I am very pleased to be a cosponsor of this vitally important mandate relief legislation that will help county governments that are struggling to balance budgets and provide critical resources to help relieve demands on property taxpayers,” Ritchie said.

The bill, sponsored by Sen. John DeFrancisco R-Syracuse and Assemblywoman Patricia Fahy D-Albany, is backed by a 1963 Supreme Court ruling that requires governments to pay for attorneys for defendants who cannot afford to hire their own.

Rather than paying the tab, New York has been passing most of the cost along to counties, causing severe strain on local budgets.

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 four-year period with incremental increases.

The legislation would require the state to cover 25 percent of the expenses in 2016, 50 percent in 2017, 75 percent in 2018 and 100 percent for subsequent years. The estimated increased cost for the state in the upcoming budget is $100,000 million.

Button said offered support to all of the representatives, county executives and other officials who have helped raise awareness of the issue and continue to fight for passage of the bill.

“I am just excited that an issue that has been bubbling as a focal point of efforts of St. Lawrence County leadership has caught the attention of the state,” he said.