Defender Recognized for Quality Representation Furthering Discovery Reform

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Kayla Hardesty, Cortland County Assistant Public Defender, 2024 Jonathan E. Gradess Service of Justice Award recipient

SARATOGA SPRINGS, NY (07/25/2024) (readMedia)-- Cortland County Assistant Public Defender Kayla Hardesty received the 2024 Jonathan E. Gradess Service of Justice Award from the New York State Defenders Association (NYSDA) on July 22nd. The presentation, during NYSDA's 57th Annual Meeting and Conference, recognized Hardesty's unflagging representation of a client that culminated in a Court of Appeals victory. The Court's unanimous decision flatly rejected efforts to weaken the 2019 reform of discovery rules in criminal cases; that reform "took off the blindfold" that long hampered effective defense preparation. NYSDA's Executive Director Susan C. Bryant and Keith Dayton, former Cortland County Public Defender, lauded Hardesty's work during the awards ceremony. In written remarks read during the presentation, Kevin Jones, the Cortland County Public Defender, said: "[i]t is Kayla's dedication and pursuit of the highest ideals of our profession in defense of each and every one of her clients, on each and every case, that warrants [her] receipt of the Jonathan E. Gradess Service of Justice Award."

As Drew R. DuBrin, Bureau Chief, Appeals Bureau, Monroe County Public Defender's Office, said on hearing of Hardesty's award, the decision in People v Bay benefits "not only her client but also individuals all across the State for years to come." The decision recognizes that the Legislature tied prosecution discovery obligations to statutory speedy trial requirements. At NYSDA's conference, Hardesty and DuBrin made a continuing legal education presentation about using the Bay decision going forward.

Hardesty was honored not just for the result she achieved, however. She was honored for the quality representation she provided to her client every step of the way. Hardesty was determined, skilled, and well-prepared; Bryant noted that "she knew the discovery law, knew what it was meant to do, and fought on behalf of her client to ensure that the intent of the law was recognized." DuBrin pointed out that, in City Court, Hardesty repeatedly used her firm grasp of discovery law requirements to point out those that had not been met; when compliance was not forthcoming within the required time, she moved to dismiss because the prosecution's discovery failures meant no proper certificate of compliance had been filed. Hardesty did not stop when she lost at the trial level, nor when the County Court affirmed.

DuBrin described Hardesty's work as "nothing short of remarkable," noting that while "she had little appellate experience, it did not show" as the case moved into the Court of Appeals. There, Hardesty filed a comprehensive brief involving complicated statutory construction arguments presented "a poised and thoughtful oral argument that demonstrated her command of the law and preparation" that "was a thing of beauty," DuBrin said.

Hardesty's work in the Court of Appeals was supported by others, including several public defense programs that filed briefs as amici curiae. Her win in Bay was noted by her alma mater, St. John's University School of Law; discussed by Barry Kamins in the New York Law Journal; and pointed out in NYSDA's publications.

The Jonathan E. Gradess Service of Justice Award, named for NYSDA's founding Executive Director, recognizes individuals and organizations that have uniquely supported NYSDA and the defender community.