The data also reveals wide disparities in rejection rates even within the same county. For example, the Southern Franklin County Public Defender reports that five percent of defendants applying for appointed counsel are found ineligible annually. The Northern Franklin County Public Defender on the other hand, reports an annual rejection rate of 30 percent (Appendix at 59).
In Erie County, the Legal Aid Bureau of Buffalo indicates that each year less than one percent of defendants applying for its services are determined ineligible, while the assigned counsel program reports a denial rate of 15-20 percent annually (Appendix at 59).
At minimum, these figures highlight the necessity for a written record of all eligibility determinations in order to ensure that there is a proper basis for denying the right to appointed counsel. To assure that eligibility decision-making is fair, consistent and accurate, collection of data concerning all appointments and denials of appointed counsel should be mandated. All adverse eligibility decisions should be in writing, stating the reason for denial. Significantly, approximately 33 percent of the jurisdictions in the NYSDA study acknowledged that they were unable to provide any data on the frequency of denials of appointed counsel in their respective counties. Although 66 percent of the counties provided data on the rate of denying appointed counsel, Washington County alone, indicated that reasons for denial are routinely memorialized in any fashion.