NYSDA to State: Preserve the Veterans Defense Program; Fully Fund NYSDA's Backup Center and the ILS Office

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ALBANY, NY (03/02/2015)(readMedia)-- Citing glowing comments about its Veterans Defense Program (VDP), the New York State Defenders Association (NYSDA) asked the Legislature on Thursday to preserve the VDP as well as to restore full funding to the NYSDA Public Defense Backup Center. Executive Director Jonathan E. Gradess also set out NYSDA's support for full funding of the Indigent Legal Services (ILS) Office. That office has been charged with implementing the settlement agreement in Hurrell-Harring v State of New York, along with its existing statutory duties.

The settlement of the class action lawsuit constitutes an historic recognition by the State of its responsibility to provide constitutionally-acceptable representation to people unable to afford a lawyer in criminal cases. Five counties were chosen by plaintiffs' lawyers – the New York Civil Liberties Union and Schulte Roth & Zabel LLP – as examples of deficiencies in public defense statewide. Those counties were designated as defendants by a judge. Now, they stand to receive state funding to improve their public defense systems while other counties remain in the status quo. NYSDA's testimony points out that this is unwise, as it sets up the State and the non-suit counties for future litigation, as well as unfair. NYSDA's Backup Center and the ILS Office need full funding to assist the remaining counties and pursue statewide improvements.

The VDP was created by NYSDA last year with private emergency funding in response to a deepening crisis affecting military veterans whose behavior as a result of service-related trauma is driving them into the criminal and family court systems. The Program needs state funding to continue its proven work using a restorative justice, treatment focused approach to helping veterans become, once again, productive members of the society they defended.

Written testimony from the February 26th hearing and NYSDA's separate memorandum supporting the ILS Office budget are attached. Gradess's oral remarks at the joint hearing can be seen at the 8:26 mark here.