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Campaign for an Independent Public Defense Commission
New York State’s Public Defense System is Broken
New York State, once a leader in providing legal services in criminal cases and certain other matters, now suffers an ongoing public defense crisis. This crisis threatens our safety and our rights, and the fair administration of justice.
Campaign Events
Observe Gideon Day by Calling for Reform!
Plan to be in Albany on March 18, 2009 calling on the State to fix its broken public defense system. That date is the 46th anniversary of the landmark US Supreme Court decision in Gideon v Wainwright, which recognized the right to counsel that is vital to our system of justice. Watch our new Campaign Events page for news about the event. Contact us to say you will be in Albany on 3/18/09, for more information, or to let us know you want to help.
State Leaders Recognize Crisis, Seek Action
The Judiciary Led the Way with the Kaye Commission, which recommended in 2006 that the State create an adequately state-funded statewide defender system headed by an independent public defense commission. For the full Kaye Commission Report, and the supporting study by The Spangenberg Group, click here.
Executive Recognizes Need for Reform
Governor David Paterson responded positively to a recent question on the radio about the recommended commission. Saying, "I like the idea of a commission," he stressed the importance of constitutional rights for those who cannot afford to hire a lawyer. They should have "a fair day in court," he noted. The Governor's comments on WAMC's May 22 Vox Pop program received immediate notice in the blogosphere. See You have the right to an attorney, but… A proposal by Paterson's predecessor for public defense reform differed greatly from that of the Kaye Commission (see comments here) and the Legislature rejected it.
Legislative Proposals Are Pending
Legislation to implement the Kaye Commission recommendations has been introduced in both the Senate (S04311A) and the Assembly (A09087). A more modest first step was put forward by the Assembly in its initial budget bill this year (A.9806-B, Part Y here). It creates an independent public defense commission, with a structure like that set out in the pending Volker/Lentol bill. The bill does not create a statewide, fully and adequately state-funded public defense system for the new commission to oversee. The commission envisioned by A.9806-B Part Y would study costs and other issues involved in fixing New York's broken public defense system and make recommendations.
Efforts to negotiate passage of Part Y this spring by linking it to a Senate proposal to help several counties at risk of losing state funds due to a statutory "maintenance-of-effort" requirement were unsuccessful. See the Capitol Confidential blog report here. The Campaign will build on the support expressed for Part Y as a good "first step" (such as the letter sent and posted by the Women's Bar Association of the State of New York to secure implementation of the Kaye Commission recommendations
Legislative supporters of the independent commission include the Black, Puerto Rican, Hispanic and Asian Caucus. The Caucus Chair, Assemblymember Darryl Towns, has announced that creating the independent commission is a priority for the Caucus
NYCLU Sues the State over Failure of Public Defense
The New York Civil Liberties Union (NYCLU) has sued New York State for failing to provide constitutionally adequate public defense services. The cases of named plaintiffs from five counties – Onondaga, Ontario, Schuyler, Suffolk, Washington –illustrate statewide failure of the system, the suit charges. It was filed as a class action in November 2007. In March 2008, the NYCLU filed papers seeking emergency relief to end the widespread denial of justice to public defense clients. Read more about the suit here.
Case Advances, Counties Added as Defendants
In early August, Supreme Court Justice Eugene P. Devine denied the State’s motion to dismiss the case, a significant advance in the proceedings. He also ordered that the five counties chosen as illustrative of statewide problems be added as defendants in the lawsuit. Read more here.
Join the Campaign for an Independent Public Defense Commission
The Campaign for an Independent Public Defense Commission is uniting supporters of public defense reform to bring about effective change. The Campaign's goal is to implement the recommendations of the Kaye Commission for a complete overhaul of the public defense system.
Over 100 Organizations, Including the Innocence Project and the NAACP New York Conference, Support the Campaign for an Independent Public Defense Commission! Recent endorsers include the Innocence Project, which indicated in a report last year that "properly supported public defense representation can prevent wrongful convictions" and that "the Kaye Commission recommendations regarding public defense should be enacted into law;" and which includes public defense issues on its blog and website. Another recent endorser is the NAACP New York Conference. See the press release announcing these endorsements here.
Among the Campaign's many other notable supporters is the Committee for an Independent Public Defense Commission, a group of influential community, religious, bar, and other leaders formed in 2001 with the goal of making New York State again a leader in ensuring fairness in the justice system. The original co-chairs of the Committee were Richard Bartlett and the late Warren Anderson (Assembly and Senate sponsors of the original bill that became County Law Article 18-B, which established New York's structure for providing mandated legal services in criminal, family court, and other matters) and Michael Whiteman, who was a member of Governor Rockefeller’s staff when 18-B passed. These leaders recognized that the system created in 1965 is broken. Many others signed on, including 27 past presidents of the New York State Bar Association. See a list of Committee members here.
Campaign Seeks Implementation of Kaye Commission Reforms
Uniting supporters of public defense reform to bring about effective change, the Campaign for an Independent Public Defense Commission seeks to implement the Kaye Commission’s recommendations. See the growing list of organizations that have endorsed the campaign by clicking here. Among Campaign supporters is the Committee for an Independent Public Defense Commission, a group of influential community, religious, bar, and other leaders formed in 2001 with the goal of making New York State again a leader in ensuring fairness in the justice system. The original co-chairs of the Committee were Richard Bartlett and the late Warren Anderson (Assembly and Senate sponsors of the original bill that became County Law Article 18-B, which established New York's structure for providing mandated legal services in criminal, family court, and other matters) and Michael Whiteman, who was a member of Governor Rockefeller’s staff when 18-B passed. These leaders recognized that the system created in 1965 is broken. Many others, including 27 past presidents of the New York State Bar Association. See a list of Committee members here.
Be Part of Growing Support for the Right to Counsel!
Many organizations have endorsed the Campaign for an Independent Public Defense Commission.
Those signing on include:
- Churches and other faith groups,
- community groups,
- programs working to make communities safer,
- good government groups,
- bar associations,
- organizations working for social justice, and others.
From small local groups to large statewide associations, those concerned about justice support public defense reform. Sign your organization up today! For an organizational endorsement form, click here. Consiga su organización para endosar (en Español)
Editorials Urge Public Defense Reform
Recognizing that change is needed, newspapers across the state call for public defense reform. While some have addressed vital issues like independence and the importance of sufficient funding at the local level, others have recognized the need for systemic change. Examples include:
- New York Times, June 2, 2008 ("[The Kaye Commission] sensibly called for a state takeover of public defense services under the direction of an independent commission, which would enforce uniform standards from county to county. Governor Paterson has voiced support for the idea. Of course, money this year is tight. But one step that can easily be taken this session would be to create the commission and have a small staff begin working on a detailed plan for overhauling the system.")
- Newsday, May 14, 2008 ("Legislation initiated in the Assembly would create an independent public defender commission to dissect the system's inadequacies. It would report to the legislature what it would take to ensure an adequate, independent legal defense, what it would cost and how to get there from here. It's a journey that officials need to take.")
- Press Republican (Plattsburgh), May 14, 2008 ("The strong suspicion is that many [individuals unable to afford counsel] are being allowed or even urged to plead guilty to crimes they never committed just to move their cases along. Only broad oversight can correct this misappropriation of justice. . . A statewide, impartial commission can also make sure politics is kept out of the system. . . . New York cannot call itself a compassionate state if it continues to allow its most vulnerable people to be treated with utter absence of compassion.")
- Times Union (Albany) April 27, 2008 ("As envisioned under the Assembly measure [A.9806-B, Part Y], the panel would look at what improvements are needed, what they would cost and how they would be funded…. [T]he commission should consider all options and funding requirements. That would serve the best interest of counties, while ensuring a uniform standard of legal representation through New York. And it would serve the principle of justice for all.")
- Democrat and Chronicle (Rochester), April 1, 2008 ("When it comes to ensuring adequate legal representation for poor criminal defendants, state lawmakers should get behind legislation that would create a statewide public defender's office. A compromise proposal currently being discussed in Albany could go far to address concerns raised in a report two years ago by a commission convened by state Chief Judge Judith Kaye.")
- Newsday, December 10, 2007 ("Chief Judge Judith Kaye has long sought an overhaul of the system, including the creation of a state commission to ensure that the poor are adequately represented. The problem is the State Legislature hasn't acted. It should.")
Counties, Others, Pass Resolutions of Support
Counties are mandated to provide and fund public defense services with only limited state aid. A growing number of county legislatures, state associations and others have passed resolutions supporting state takeover of public defense services. Among them:
State
County/City
For a sample resolution to submit to your county legislature, city council, etc., see sidebar.
IPDC a Legislative Priority for NY State Bar
The New York State Bar Association has made creation of an Independent Public Defense Commission overseeing New York's public defense system a legislative priority for 2008. (See press release here.) NYSBA sent letters to Governor David A. Paterson and every member of the State Legislature on March 19 telling them to make access to justice a budget priority (see press release here). The letters were signed by State Bar President Kathryn Grant Madigan, who is also a member of the Committee for an Independent Public Defense Commission.
The Public Supports Creation of an Independent Public Defense Commission
A Zogby poll shows that the voting public supports creation and funding of an independent state agency to administer public defense.
How YOU can help:
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