Defenders Association Applauds Chief Judge's Remarks Decrying Patchwork Public Defense System & High Caseloads

ALBANY, NY (02/12/2014)(readMedia)-- Variations in county funding have led to unsustainable caseloads and "a patchwork system in which the quality of legal representation in [public defense] cases can vary from jurisdiction to jurisdiction," Chief Judge Jonathan Lippman noted yesterday. In his State of the Judiciary address, Lippman stressed the need for New York State to fulfill the promise of Gideon v Wainwright.

The New York State Defenders Association (NYSDA) salutes the Chief Judge's commitment to quality public defense representation. His observation that ultimately, ensuring quality may require "a full state takeover of the cost and regulation" of public defense, is particularly welcome. As recently as Feb. 5, 2014, NYSDA'S Executive Director, Jonathan E. Gradess, urged the New York State Legislature to act now to bring about a systemic overhaul of public defense. In that same budget hearing testimony, Gradess also noted NYSDA's appreciation for Chief Judge Lippman's continuing efforts to ensure that Gideon's promise is realized.

Chief Judge Lippman's call for more immediate steps is also welcome. He said, for example, that "adopting and funding caseload limits in all of the state's 62 counties" would be a major breakthrough in solving the state's public defense crisis and would "make our state a national leader in providing this vitally important service."

Other initiatives proposed or announced by the Chief Judge that will, if realized, benefit public defense clients, communities, and the public at large include:

• create a mechanism for expunging misdemeanor and non-violent felony convictions, making it possible for those formerly involved in the criminal justice system to obtain employment and other necessities of a law-abiding life;

• reform discovery practices to require prosecutors to disclose well in advance of trial the identity and prior statements of any witnesses with relevant information;

• establish a presumption of pretrial release for many accused of crime; and

• continue efforts to end practices known to foster wrongful convictions.

NYSDA looks forward to working with the Chief Judge, the Legislature, and the Governor, as well as other entities such as the Indigent Legal Services Office mentioned in the Chief Judge's address, on these and other vital issues.