In July 1993, a survey regarding issues related to eligibility for the appointment of counsel was sent to public defense providers in New York State (n=81), representing all 62 counties in the state. A copy of the survey can be found at Appendix 242-246. In jurisdictions with more than one formal public defense provider, a survey was sent to each public defense office (public defender, legal aid society director or assigned counsel administrator) in the county. Approximately one month later, a followup survey was sent to those offices who had yet to respond. Those offices which failed to respond to the followup survey received telephone calls requesting the survey information. Ultimately, 73 percent (n=59) of the public defense providers responded either by mail or through a telephonic interview with NYSDA research staff. These respondents represent 89 percent (n=55) of the counties in New York State.
County Eligibility Profiles (Appendix at 66-241) were developed from the survey data and from any other information (e.g., written eligibility standards, eligibility forms, income guidelines) submitted in response to the survey. Each of the programs that responded to the survey was sent a copy of their Profile for verification. [6] Eligibility Profiles were similarly completed for those counties that did not respond to the survey by using data previously collected by NYSDA through informal telephone surveys and a review of written documents pertaining to eligibility. Each of the programs that did not respond to the survey received their county's Profile developed from eligibility data on file at NYSDA's Public Defense Backup Center, together with another copy of the eligibility survey. Offices were asked to either complete the survey or verify the information contained in the Profile. Public defense providers were advised that if NYSDA did not receive a completed survey or modifications to the Profile, it would assume that the information in the Profile was current and accurate.
Thus, NYSDA's current data on eligibility represent 100 percent of the counties in New York State, thereby providing a comprehensive picture of the public defense eligibility practices, procedures and problems in the state. The data in the Profiles were used to compile the county eligibility charts which are located at Appendix 1-65.