Committee for an Independent Public Defense Commission Calls on Legislature and Governor to Fix Public Defense

Split Decision by Third Department Closes Courthouse Door "For Now"

ALBANY, NY (07/16/2009)(readMedia)-- Statement by Michael Whiteman, Chair of the Committee for an Independent Public Defense Commission.

The Third Department of the Appellate Division has ruled against the plaintiffs in a case challenging as unconstitutionally defective the public defense system of New York State and five counties specifically.

While the Committee for an Independent Public Defense Commission disagrees with the majority's holding that the plaintiffs have no judicial remedy, other than on a case-by-case basis, for their numerous, specific and substantial complaints of the denial of their rights to due process and effective counsel, a systemic judicial remedy has never been our focus. We call for State assumption of the operating and fiscal responsibility to provide public defense services, and will continue to press for Legislative and Executive action; we welcome the majority's implicit call for such action.

As the minority of the Appellate Division panel -- and now one half of the judges who have spoken in this matter -- have said, the allegations of this case cry out for resolution on a systemic basis. The case-by-case effort that the majority demands would provide no remedy at all. The same lack of effective counsel that can lead to wrongful conviction in the first place means that relatively few defendants will be able to mount an effective appeal. (As many wrongful conviction cases show, affirmance of a conviction on appeal is not proof that the client received justice in the trial court.)

Even when individuals win on appeal, their success is not likely to lead to systemic relief.

With the door to the courthouse closed for now, we continue to look to the Legislature and the Governor to remedy the ongoing, massive and pervasive inadequacies of New York's public defense services. We also hope that the plaintiffs will seek review by the Court of Appeals so that the door to the courthouse may be reopened.

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