Bill to Provide County Fiscal Relief and End Injustice Moves Forward in the Assembly

Public Defense Act of 2009 Emerges from Codes Committee One Day after Clearing Judiciary Committee

ALBANY, NY (06/17/2009)(readMedia)-- Ongoing Crisis in Public Defense, Reflected in Lawsuit, Warrants Reform this Session

A bill to finally end the ongoing crisis in public defense services across the state has been voted out of the Codes Committee of the New York State Assembly just a day after a similar vote in the Judiciary Committee. The Public Defense Act of 2009 (A.8793) places a cap on localities' fiscal liability for public defense services and creates a Public Defense Commission to administer public defense statewide. The widely-recognized public defense crisis, and the need for an Independent Public Defense Commission, was set out most notably in a 2006 report by a blue-ribbon commission created by former Chief Judge Judith S. Kaye.

"The bill will improve the direct provision of public defense services and improve the workings of the entire justice system," notes the Memorandum in Support of A.8793 submitted by the New York State Defenders Justice Fund, which sponsors this Campaign.

The State now delegates to localities - counties and New York City - the duty to provide legal representation to people unable to afford counsel when accused of a crime or threatened with loss of their children in family court. A lawsuit brought by the New York Civil Liberties Union and the law firm of Schulte Roth & Zabel LLP charges that the State and five counties fail to provide constitutionally adequate public defense services.

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