NYSDA Welcomes State Bar Recommendations on Immigration Representation

ALBANY, NY (06/29/2012)(readMedia)-- The New York State Defenders Association (NYSDA) hails the recent adoption by the New York State Bar Association's House of Delegates of the "Report of the Special Committee on Immigration Representation." Many of the issues presented in the report are familiar to NYSDA, whose mission is to improve the quality and scope of public defense representation statewide.

In criminal cases, unlike civil immigration cases, individuals financially unable to hire a lawyer have a right to have counsel publicly provided to advocate for their liberty interests. Although the report proposes solutions to improve both the quality and quantity of immigration representation in New York State, the Special Committee recognizes that its "...Sisyphus-like efforts are unlikely to yield significant results unless there is legislative reform and a statutory right to counsel in immigration proceedings."

But meanwhile, the overall problem discussed in the report on immigration representation -- lack of available competent counsel -- echoes problems NYSDA has observed as to public defense representation due to systemic failure. And, because there is a nexus between criminal law and immigration status and procedures, representation problems in both spheres may cause double harm to some individuals and communities.

For years, NYSDA has sought to improve the legal representation available in cases where criminal and immigration law intersect. NYSDA's Criminal Defense Immigration Project (CDIP) presents training and gives advice to public defense lawyers about representing clients whose immigration status may be affected by charges against them. Joanne Macri, the Director of CDIP, co-chairs the State Bar Special Committee that prepared the new report.

Included in that report are a set of written standards for representation of immigration cases; these voluntary guidelines complement existing rules and standards governing legal representation. Many of the recommended standards are similar to standards meant to improve public defense representation, including the need to avoid excessive workloads that ensure lawyers have the time needed to give every client's case the attention it requires and obtain training relevant to the type of case being handled.

NYSDA adopted standards for public defense representation in 2004, and the State Bar adopted its own set of public defense standards in 2005, revised in 2010. The increasing complexity of law in general and of the areas of criminal and immigration law in particular, make knowledge of and adherence to specific benchmarks in these areas vital. NYSDA supports the State Bar's efforts to increase awareness of and voluntary compliance with such standards, and continues its own efforts to bring about creation and enforcement of statewide public defense performance standards.

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