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Current Developments_____________________________
- Allegations surfaced that some travel and security expenses for former Mayor Giuliani were billed to New York City's assigned counsel program. Lawyers Pan Giuliani Trip Billing to City Offices, Newsday (NYC), December 1, 2007
- Discovery requests and in camera inspections denied in ongoing federal lawsuit over First Department's refusal to recertify attorney for assigned counsel work. Evidence in 18-B Bias Suit Limited, New York Law Journal (SDNY), September 19, 2007
- Otsego County investigating options to deal with rising costs of administering assigned counsel program. Defense Fees Surge in Otsego, Daily Star (OtsegoCounty), March 17, 2007
- Ulster County's delays in paying vouchers is raising concerns among assigned counsel. Lawyers Run Short of Patience Waiting for Ulster County to Pay Them , Daily Freeman (UlsterCounty), March 9, 2007
- Increased costs of assigned counsel program in FranklinCounty has caused new administrator to reexamine its operations. Assigned-Counsel System Proving Costly, Press Republican (FranklinCounty), March 6, 2007
- Fulton County resolution requires family court judge to resume applying past procedures to determine financial eligibility for assigned counsel. County Urges Judge to Resume Procedure, Leader-Herald (FultonCounty), June 19, 2006
- Discrimination lawsuit filed against Assigned Counsel Plan Administrator for OnondagaCounty.Assigned Counsel Lawsuit Lodged, Syracuse Post-Standard (OnondagaCounty), March 25, 2006
- Assigned counsel services contract approved by TiogaCounty legislature despite concerns over no-bid selection and failure to meet state requirements. Assigned Counsel Contract Renewed Despite Objections in Tioga County, Daily and Sunday Review (TiogaCounty), January 4, 2006
- Dutchess County's assigned counsel program ordered to pay attorney's bill that exceeded the statutory cap and exhausted half the program budget. County Covers Zarro's Legal Bill, Poughkeepsie Journal (DutchessCounty), July 13, 2005
- Defendant filed lawsuit against Oswego town justice over allegation that he was forced to reveal financial information in open court in order to apply for assigned counsel. Town Justice Sued Over Counsel, Syracuse Post-Standard (OswegoCounty), May 10, 2005
- Herkimer County Legislature passed a resolution changing the procedure for payment of assigned counsel vouchers related to treatment court cases. County Supports Changes to Assigned Counsel Policy, Herkimer Evening Telegram (HerkimerCounty), April 8, 2005
- African-American attorney, who sued NY City Assigned Counsel Panel for denying recertification, had the right to read comments about his panel application according to a federal court. Lawyer May Examine Documents Used in Removal From 18-B Panel,New York Law Journal (SDNY), April 4, 2005
- Criminal Justice Act counsel accused of asking indigent client for additional money to face fraud charges in federal court. Lawyer to Plead Guilty in Fraud Case , Newsday (EDNY), April 3, 2005
- Rule empowering administrative judges to review assigned counsel fee awards by trial courts has been upheld by the New York Court of Appeals. Authority of Administrators to Review 18-B Fees Upheld, New York Law Journal (NY), Feb. 16, 2005. Read the court's decision in Levenson v. Lippman, No. 1 (NY Feb. 15, 2005)
Current Developments Outside New York_______________
- Good Counsel Costs Money, Plain Dealer (OH), March 22, 2007
- State Helping Attorneys for Indigents, Free-Lance Star (VA), March 12, 2007
- Supreme Court: State Must Resume Lawyers' Payments , Associated Press (AL), December 22, 2006
- Court-Assigned Lawyers Urge County to Up Fees, Detroit News (MI), September 8, 2006
- FBI Probing Indigent Billing Records of Two NC Defense Lawyers , Myrtle Beach Online (NC), June 2, 2006
- FBI Opens Inquiry Into Lawyers' Billing , Charlotte Observer (NC), June 2, 2006
- Court Upholds Public Defender Payments, ColumbiaBasin Herald (WA), March 22, 2006
- Mecklenburg Defense Bill Differences Raise Statewide Questions, Charlotte Observer (NC), March 12, 2006
- Bills to Lift Fee Cap Died, But Idea Lives, Times-Dispatch (VA), February 19, 2006
- Attorneys Press for Defense Reforms, Leesburg Today (VA), February 10, 2006
- Attorneys Draft Suit Against Virginia on Fee Caps , Richmond Times-Dispatch (VA), February 1, 2006
- Fees for Indigent Defense on the Line in New State Bill,Montgomery Advertiser (AL), December 28, 2005
- Officials Consider Increase in Pay for Defense Lawyers, Vindy.com (OH), October 2, 2005
- Judge Orders State to Resume Overhead Pay for Indigent Defense, Associated Press (AL), September 29, 2005
- Pay-Raise Measure for Court-Appointed Attorneys Becomes Law,Boston Globe (MA) July 30, 2005
- Pay Dispute Heats Up as Judge Seeks Names of Striking Lawyers, Boston Herald (MA), July 27, 2005
- Bill Would Raise Fees for Defense of Poor, Birmingham News (AL), July 26, 2005
- Court-Appointed Attorneys Getting Meager Raises, WAVY (VA), April 6, 2005
- Stingy Court-Appointment Fees Limit Access to Justice, Roanoke Times (VA), January 31, 2005
- Court-Appointed Virginia Attorneys May Get Raise, Washington Post (VA), January 25, 2005
- Private Lawyers Balk at Low Indigent Fees, Milwaukee Journal Sentinel (WI), January 24, 2005
- The Advocate, Boston Globe (MA), January 9, 2005
- Lawyers Want More Pay for Indigent Defense, Associated Press (SC), January 1, 2005
Special Reports___________________________________
COMMISSION ON THE FUTURE OF INDIGENT DEFENSE SERVICES
The Commission was formed by Chief Justice Kaye "to examine the effectiveness of criminal defense services for the poor across the state and consider alternative methods of assigning, supervising and financing assigned counsel compatible with New York's constitutional responsibilities and fiscal realities." Office of Court Administration Press Release, May 17, 2004. It is comprised of a 31-member panel that includes judges, lawyers, law enforcement, criminal justice agency professionals and law professors.
NY ASSIGNED COUNSEL AND FEDERAL CJA PROGRAM DOCUMENTS
Collected here are web links tNew York assigned counsel and Federal Criminal Justice Act (CJA) programs that have posted voucher forms and panel applications online, along with other program information. For additional forms or information, contact your local assigned counsel administrator. A list of state programs can be found in the New York State Chief Defenders List (NYSDA), a national directory of federal defender offices in Federal Public Defenders (DSDTB), and web sites where available appear in the Research Links section of this page.
NY Assigned Counsel Program Forms and Information (NY CountyLaw 18-B)
Federal CJA Program Forms and Information (18 USC 3006A)
NYSDA's Highlights of the 2003 Assigned Counsel Rate Increase Legislation
This outline, prepared by NYSDA, highlights major points of the new statute raising assigned counsel fees and establishing a state fund tprovide money tcounties and New York City for public defense. It appeared in the Backup Center Report, July-August-September 2003 (52K PDF).
NYSDA'S REPORT ON THE ASSIGNED COUNSEL FEE
NYSDA's report on New York's defense funding crisis, Resolving the Assigned Counsel Fee Crisis: An Opportunity tProvide County Fiscal Relief and Quality Public Defense Services (March 2001)(200K PDF) reviews defense systems in New York and other states, national studies and standards, and draws upon the collective experience of public defense service providers. It calls for the immediate increase of assigned counsel rates and the efficient and effective provision of public defense services.
NY County law Article 18-B Legislative history (2.3M PDF)
This is a unique collection of documents associated with the enactment of Article 18-B of NY County Law, including memoranda and letters filed with the bill jacket.
Reports_________________________________________
Good Practices for Federal Panel Attorney Programs (VIJ 2003). In 2003, the Vera Institute of Justice prepared this report tassist the Administrative Office of the US Courts timprove and conform the practices of federal assigned attorney panels in all federal districts. The study identifies and reviews good practices for selecting, managing, appointing, and compensating panel attorneys.
Crisis in the Legal Representation of the Poor (1st Dept 2001). The Appellate Division First Department Committee on the Representation of the Poor completed an investigation intthe state of "governmentally-funded legal representation of those whcannot afford counsel" in New York City and issued a report calling for increased funding for assigned counsel and additional funding and services for public defense. The Committee Chairman was Attorney Klaus Eppler .
Research Links___________________________________
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