Third Department Ruling Disappoints Campaign for an Independent Public Defense Commission

ALBANY, NY (07/16/2009)(readMedia)-- Statement by Jonathan Gradess, manager of the Campaign for an Independent Public Defense Commission.

"The Campaign for an Independent Public Defense Commission finds disappointing the Third Department's decision dismissing a complaint challenging the constitutionality of New York State's public defense system. The majority's intemperate opinion, as the dissent points out, shows a misunderstanding of the right to counsel. That right is essential not only to ensure other rights for individual clients but to the protection and well-being of society as a whole.

We do agree with the majority's call for the Executive and Legislative branches to resolve this issue without recourse to the courts. The Campaign has never urged reliance on the lawsuit, and this decision does not let the Governor and legislators off the hook. They should enact the Public Defense Act of 2009 (S.6002/A.8793) as soon as possible.

Until that happens, it is up to the courts to protect the constitutional rights of the most vulnerable among us against the depredations of a failed public defense system. Former Chief Judge Judith Kaye and the Commission she appointed rightly found the current system of public defense so broken as to require a full overhaul to bring it into constitutional shape.

New York deserves better. While we believe the Court of Appeals will overturn this unfortunate ruling, we call on the Legislature and Governor Paterson to act even before an appeal is taken to end the intolerable situation of our failed public defense system which exemplifies the truism that justice delayed is justice denied."

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Posted Thursday July 16, 2009 at 04:40 pm by Campaign for an Independent Public Defense Commission