Court of Appeals Grants NYS Defenders Association Amicus Status

ALBANY, NY (12/14/2010)(readMedia)-- The Court of Appeals will consider an amicus brief filed by The New York State Defenders Association (NYSDA) regarding proper procedures that should be followed in certain guilty pleas. As amicus, or "friend of the court," NYSDA represents no party in the case. Rather, the brief sets out why, in law and fairness, the high court should require criminal court judges to advise people about certain possible consequences of a guilty plea before the plea is taken.

The issue before the Court is whether judges have to tell individuals charged with specified sex offenses that a conviction will make them eligible for civil confinement after their criminal sentence is served. Experience shows that people who are civilly confined following incarceration for sex offenses generally remain confined for long periods. Fundamental fairness requires that someone should know about such very severe potential consequences before waiving the right to a trial.

The amicus brief was filed as part of NYSDA's duty to advocate for the rights and interests of indigent defendants and public defense attorneys. NYSDA has filed many amicus briefs over the years.

The case in which the most recent amicus brief was filed is People v Harnett.