Federal Public Defense System Must Once Again Be a Model, Says NYSDA

ALBANY, NY (11/01/2013)(readMedia)-- The Board of Directors of the New York State Defenders Association (NYSDA) passed a resolution on Oct. 31, 2013, calling on Congress to restore funding to the federal public defense system and to free that system from political and judicial influence.

For decades, the federal public defense system has been considered a model for how to provide quality representation to people who cannot afford to hire counsel when the government seeks to deprive them of their liberty. The federal system was historically well-resourced in comparison with other systems if not with its adversaries, seemingly designed to keep up with workload increases, able to attract and keep excellent staff in defender offices, and paid assigned counsel rates higher than state counterparts.

Then came the sequester, which led to widespread layoffs of staff in federal defender offices, a reduction in the amount of compensation received by lawyers assigned to cases not handled by defender offices and deferral of payment as well, and a resulting cascade of damage. That damage has been widespread, from the disruption of clients' cases to disruption of court dockets.

Another form of damage can also occur. That damage is to nationwide efforts to ensure that every client receives quality representation. Federal defender offices provide training and other support to public defense lawyers, sometimes in cooperation with state public defense providers. In addition to crippling or ending such concrete forms of ensuring quality, governmental disregard, or worse, for the importance of the constitutional right to counsel as an inherent part of our justice system can damage the morale of those currently providing defense services and those working for its reform.

Furthermore, the revelation that a judiciary-based program is unprotected from fiscal decimation may force those who have been seeking to emulate the federal model back to the drawing board.

In New York State, no such reworking need be done by those involved in public defense reform. NYSDA and others have long called for creation of an independent, fully and adequately state funded public defense system in New York State. These reform efforts have at their core recognition of the First Principle of public defense systems – independence of the defense function is key to ensuring quality public defense representation.

The NYSDA Board's action in calling on Congress to fix the federal public defense system reflects the Association's mission: to improve the quality and scope of publicly supported legal representation to low income people. The New York State Association of Criminal Defense Lawyers has passed a similar resolution.

A key to achieving quality representation is to make public defense systems independent. State and Government leaders should act to make that happen now.