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St. Lawrence County sponsoring rally in support of state amendment to reimburse counties for all of their indigent defense costs

Posted 9/30/15

St. Lawrence County is sponsoring an Oct. 5 rally in Syracuse in support of a state amendment that would make Albany reimburse counties for all of their indigent defense costs, according to County …

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St. Lawrence County sponsoring rally in support of state amendment to reimburse counties for all of their indigent defense costs

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St. Lawrence County is sponsoring an Oct. 5 rally in Syracuse in support of a state amendment that would make Albany reimburse counties for all of their indigent defense costs, according to County Attorney Stephen Button.

He expects representatives from more than 45 New York counties and several statewide organizations will attend.

The 1963 Supreme Court decision Gideon v. Wainwright said all states are obligated to provide a plan for representation of indigent populations in both criminal courts and family courts. In New York, a plan was adopted requiring the counties to provide the services and fund the programs.

St. Lawrence County, who Button describes as “the primary sponsor of the event,” was recently identified by the State Comptroller DiNapoli’s Office as under significant fiscal stress.

“Our county remains besieged by unfunded mandates, thrust upon us by the State of New York,” St. Lawrence County Board of Legislators Chair Joseph Lightfoot said. “We have previously gone on record as stating that this should be a state expense. To continue to force this on the counties will result in a patchwork quilt of solutions across the state, funded by increases in property taxes at the local level. The citizens of our county, and this state, cannot afford to continue to balance the budget of the state through increased local property taxes.”

Button said St. Lawrence County Administrator Ruth A. Doyle appreciateds the support from around the state and the efforts put forward by Assemblywoman Pat Fahy, who sponsored the bill around which the rally centers.

“The situation we face in St. Lawrence County is similarly faced by many of the counties in the state,” Doyle said. “Assemblywoman Fahy’s efforts represent an effective start to addressing the unfunded mandate problem that plagues our communities and threatens their long-term economic viability.”

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 New York for the five counties, but stagnant growth for the remaining 57 counties, according to Button.

“Recognizing the disparity between the counties, growing calls for reform have resulted in a coalition developing with the meeting in Syracuse being called to show a shared resolve,” Button said. “In this way justice and true fiscal equity rather than piecemeal reform can be the fruit borne by the current settlement of the class action lawsuit.”