Lack of effective public defense could weaken drug law reform effectiveness, justice group says.

Appropriate exercise of judicial discretion requires effective defense advocacy, lawyers note.

ALBANY, NY (03/04/2009)(readMedia)-- As Albany signals a move toward changes in the State's harsh drug laws, proponents are emphasizing that a key proposal is returning to judges the sentencing discretion they need to help cut crime by ensuring that drug addiction is treated. But accused drug offenders "will need effective advocates to inform the court of their circumstances if judicial discretion is to be exercised wisely," commented Marsha Weissman.

Weissman, whose organization, the Center for Community Alternatives, is a member of the Campaign for an Independent Public Defense Commission, noted that "drug clients need a lawyer who investigates both the case and the client's background - with the help of a sentencing specialist if necessary - to come up with an individualized plan." Otherwise, she added, "judges will have only their own observations and the recommendation of a prosecutor or probation officer to go on."

"Most of the proposed drug law reforms still give a tremendous amount of power to prosecutors in determining which defendants receive opportunity for drug treatment," observed Elizabeth Gaynes of the Osborne Association in Bronx, which is also a Campaign member. To ensure that judges hear from the defense as well, "public defense offices need adequate funding to keep caseloads at a reasonable level," she added. "Lawyers need access to resources such as assessments for clients if they are to properly present to a judge the reasons why a given client should be diverted from prison to an appropriate program."

"Currently, New York State's public defense system lacks that capacity," stated Jonathan E. Gradess, Campaign Manager for the Campaign for an Independent Public Defense Commission, a project of the Justice Fund. "Former Chief Judge Kaye's blue-ribbon commission described the disgraceful state of public defense in New York nearly three years ago," he added, "and the State has yet to fix it."

Gradess expressed hope that "this new Legislature will recognize the fiscal and social cost savings that would come with empowering public defense lawyers to effectively advocate for the help their clients need." Wrongful incarceration of individuals innocent of all charges and those dramatically overcharged for their behavior is a waste of money and of trust that the State should stop now, Gradess noted, "and effective public defense reform would be a major factor in that."

The Campaign for an Independent Public Defense Commission will hold a legislative day on March 18, 2009, the 46th anniversary of Gideon v. Wainwright, the landmark United States Supreme Court right-to-counsel case. Supporters will be telling elected officials that public defense reform cannot wait for better economic times. "The fiscal crisis will increase the number of people eligible for public defense services," said Melissa Mackey, Research Director for the Justice Fund. "We can anticipate that property crimes and family court matters will increase as economic woes fuel increasing individual and interpersonal stress. New York needs an Independent Public Defense Commission now to plan a system that can handle these needs."

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