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 Updated:
Wednsday, 9/1/2010

 

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Note: Copies of articles with inactive links may be found by visiting the publishers' web sites or retrieving copies from print sources. For more information please read our FAQ. Visit the Assigned Counsel Rates, Chief Defender List, Defense Services (includes Public Defense Data and Defense Standards), and Gideon Day pages for related news and information.

Visit our News Archives to find previously posted items.
 

Current Developments_________________________________

Current Developments Outside New York__________________

Special Reports_______________________________________

RECOMMENDATIONS REGARDING THE CHIEF ADMINISTRATOR’S IMPLEMENTATION OF CASELOAD STANDARDS FOR NEW YORK CITY (NYSDA 2010)(646K PDF)
 

IOLA AND THE FUTURE OF CIVIL LEGAL SERVICES IN NEW YORK STATE

The Senate is taking a fresh look at New York's civil legal services system, with the goal of ensuring that it remains equal to its responsibilities to at-risk New Yorkers and the cause of equal justice under law. NYSDA Executive Director Jonathan E. Gradess testified January 7, 2010 at a State Senate hearing on “IOLA and the Future of Civil Legal Services in New York State.” He urged state support for civil legal services and a holistic “corporate counsel for the poor.” He noted that achieving “civil Gideon” – expansion of the right to counsel into areas of civil law – would be a “pyrrhic victory” if it was modeled on the current flawed implementation of the right to counsel established in Gideon v Wainwright.

KAYE COMMISSION REPORT
The final reports of the New York State Commission on the Future of Indigent Defense Services and the Spangenberg Group are available online: Final Report to the Chief Judge of the State of New York (Kaye Commission); Status of Indigent Defense in New York (Spangenberg Group).
 

NYSDA COMMENTS ON “PROPOSED RULES FOR THE INDIGENT DEFENSE PLAN FOR THE CITY OF NEW YORK”
On December 2, 2008, the New York State Defenders Association submitted comments on changes proposed by the New York City Mayor’s Office of the Criminal Justice Coordinator to the plan for providing public defense services in the City. Click here to view comments (69K PDF). An order was issued on December 29, 2009 that amended the Rules of the City of New York by adding Chapter 13 Indigent Defense Plan for the City of New York.
 

HOW THE INDIGENT LEGAL SERVICES FUND FUNCTIONS: A PRELIMINARY DATA ANALYSIS
Determining the impact of Indigent Legal Services Fund (ILSF) money on county public defense spending is complicated by the lack of available information. On April 28, 2008, NYSDA issued “How the Indigent Legal Services Fund Functions: A Preliminary Data Analysis” (148K PDF). In graphs and charts, this document presents information on what is known about the allocation of ILSF monies in relation to local net expenditures. The analysis notes that the current data cannot show either that the ILSF is driving quality or that counties are using ILSF money to supplant local spending or avoid quality improvement. The data presented establish a baseline and present concrete questions that need to be answered. The data also show that current proposed fixes to the maintenance-of-effort provisions of the ILSF statute either don’t work or work a hardship for counties and public defense clients alike.
 

COMMENTS ON THE PROPOSED OFFICE OF INDIGENT DEFENSE SERVICES (OIDS)
Available here: NYSDA's Comments on the Proposed Office of Indigent Defense Services (1.3 meg PDF). The comments express appreciation for the inclusion of public defense reform in the Governor's budget during this tight fiscal year, but note that the OIDS proposal is flawed by both its lack of independence and a series of structural or drafting deficiencies.
 

JUSTICE IMPAIRED: REPORTS ON NINE MORE NEW YORK COUNTIES
Comparing the public defense systems in nine New York State counties to the American Bar Association's Ten Principles of a Public Defense Delivery System, The National Legal Aid and Defender Association, (NLADA) found non-compliance with a majority of those principles. NLADA went on to make specific recommendations as to steps each county needs to take to meet these well-recognized standards. The reports for each county, issued in April 2009, are available here: Cattaraugus (PDF), Jefferson (PDF), Lewis (PDF), Niagara (PDF), Ontario (PDF), Schuyler (PDF), Sullivan (PDF), Tioga (PDF) and Washington (PDF).

Between release of the final reports and the site visits that had occurred throughout 2007, NLADA and NYSDA issued “report cards” for each of these counties based on the ABA Ten Principles, generating media reports about public defense problems, available below.

FRANKLIN COUNTY REPORT
A study of defense services in Franklin County, NY by the National Legal Aid & Defender Association underscored the need to create an Independent Public Defense Commission and state takeover of public defense services. A copy of the report and related news articles appear below.

            Report

ZOGBY NEW YORK PUBLIC DEFENSE POLL

According a survey conducted by Zogby International most New York State voters (73%) support shifting funding of the public defender system from the local level to the state level. For more information, click here.
 

TASK FORCE ON THE FUTURE OF PROBATION
Chief Judge Kaye created the Task Force to address the issue of strengthening probation in New YorkState. They conducted a series of public hearings in October 2006. Click here to view transcripts. NYSDA Executive Director Jonathan Gradess testified before the Task Force on October 19th. Click here to read his statement (PDF).
 

COMMISSION ON THE FUTURE OF INDIGENT DEFENSE SERVICES
"T he New York State Commission on the Future of Indigent Defense Services is charged with performing a top-to-bottom examination of the State's criminal indigent defense system and developing a blueprint for reform." More information about the Commission's mission and links to hearing transcripts are available on their website.

NEW PUBLIC DEFENDER AND CONFLICT DEFENDER OFFICES
Since the New York legislature authorized an increase in assigned counsel fees, counties have been revisiting their financial plans for defense services. In order to save money, some counties are considering public defender offices as alternatives to assigned counsel programs, and others the creation of conflict defender offices to supplement existing defender programs.

STATE OF NY INDIGENT DEFENSE
NYSDA has completed a study that documents the poor condition of public defense services for New York's indigent defendants, including the difficulties faced by particular groups, such as migrant farm workers. Based on hearings, meetings and interviews with poor people accused of crimes and other participants in the system, the report exposes problems created by the patchwork of inconsistent defense services in New York counties. It concludes by reiterating the need for a statewide Independent Public Defense Commission to oversee defense services.

PUBLIC DEFENSE AT THE CROSSROADS: LISTENING TO THE VOICE OF CLIENTS
In Public Defense at the Crossroads: Listening to the Voice of Clients (143K PDF), September 2003, published by the Drum Major Institute for Public Policy, NYSDA Executive Director Jonathan Gradess sheds light on the plight of defendants in New York's criminal justice system. His description of a "lopsided" criminal process weighted against indigent defendants shows that the right to counsel mandate of Gideon v Wainwright, 372 US 335 (1963) has yet to be fulfilled. Among recommendations for improving the system are: (1) client-centered approached to public defense services; (2) appropriate allocation of resources for the defense; and (3) oversight by an Independent Public Defense Commission.
 

NEW YORK PUBLIC DEFENSE COMMISSION
The Committee for an Independent Public Defense Commission delivered to the legislative leadership a proposal calling for an independent statewide commission to guarantee high quality public representation. Included in the proposal is an increase of assigned counsel rates with an index for cost of living increases, elimination of caps on fees, and state financial assistance for all types of public defense programs.

INDIGENT LEGAL SERVICES FUND 2004 REPORT (NYS Comptroller)
This site contains information and forms regarding the administration of the Indigent Legal Services Fund. Templates of the "Indigent Legal Services Fund - 2004 Annual Report" and the " Representation of Indigent Defendants - UCS195" for use by public defenders are available for downloading from this site. The site is maintained by the NYS Comptroller.
 

Reports______________________________________________

Indigent Defense: Looking Back, Looking Forward, 2000-2010 (BJA)
Speeches, seminar materials, PowerPoint presentations, and background papers are publicly available. This is a wealth of information, describing efforts led by judges, prosecutors, state legislators, academicians, and public defenders from around the country.

Public Defender Offices, 2007 - Statistical Tables (BJS 2009)
Examines offices that provide representation for indigent defendants through a salaried staff of full-time or part-time attorneys who are employed as direct government employees or through a public, nonprofit organization. Public defender offices are categorized according to whether they are principally funded and administered at the state government level, county level, or through a combination of county and state government. Topics include public defender office staffing, caseloads, expenditures, and standards and guidelines used by the nearly 1,000 public defender offices found across 49 states and the District of Columbia.

Minor Crimes, Massive Waste: The Terrible Toll of America's Broken Misdemeanor Courts (NACDL 2009) Legal representation for misdemeanants is absent in many cases. When an attorney is provided, crushing workloads often make it impossible for the defender to effectively represent her clients. This report explains, in depth, these and other problems observed in misdemeanor courts and offers recommendations for reform, while highlighting best practices from across the country.

Justice Denied: America’s Continuing Neglect Of Our Constitutional Right To Counsel (Constitution Project 2009). The report details the endemic and systemic failures of the indigent defense system and recommends twenty-two specific and urgently needed reforms to fix them.

State Commission on Sentencing Reform
Governor Eliot Spitzer established the New York State Commission on Sentencing Reform pursuant to Executive Order No. 10 on March 5, 2007 to conduct a comprehensive review of New York’s “current sentencing structure, sentencing practices, community supervision and the use of alternatives to incarceration” in order to provide the State with “crucial guidance to ensure the imposition of appropriate and just criminal sanctions, and to make the most efficient use of the correctional system and community resources.” For reports of the Commission and transcripts of their meetings and public hearings, click here.

Future of Sentencing in New York State: A Preliminary Proposal for Reform (Commission on Sentencing Reform 2007). In this Preliminary Report, the Commission concludes that while New York has made commendable progress in enhancing public safety through the combined use of limited correctional resources and a broad reliance on community-based alternatives to incarceration, there is tremendous opportunity for improvement. This Report focuses on major areas for review and reform.

ABA Formal Opinion 06-441 (Summary): Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants When Excessive Caseloads Interfere With Competent and Diligent Representation (full-text sources: Louisiana Justice Coalition; Louisiana Public Defender¥s Association ; State Appellate Defender Office (Michigan)

Final Report to the Chief Judge of the State of New York (2006). This report is culmination of the work of the New York State Commission on the Future of Indigent Defense Services. It provides an examination of New York public defense and makes recommendations for reform. At the same, the Spangenberg Group issued its companion study, Status of Indigent Defense in New York.

New York State Bar Association Standards for Providing Mandated Representation (NYSBA 2005). The New York State Bar Association Special Committee to Ensure Quality of Mandated Representation prepared statewide standards intended to aid those devising, reviewing and working within representation plans to provide mandated representation. They cover the following areas: client eligibility, qualification of counsel, training, workloads, performance, quality assurance, and compensation.

Gideon's Broken Promise: America's Continuing Quest for Equal Justice (ABA 2005). This report analyzes the results of hearings held by the American Bar Association's Standing Committee on Legal Aid and Indigent Defendants concerning the implementation of the right to counsel and the delivery of indigent defense services in the states.

Standards for Providing Constitutionally and Statutorily Mandated Legal Representation in New York State (NYSDA 2004). (84K PDF) in New YorkState. The Board of Directors of the New York State Defenders Association (NYSDA) unanimously adopted these standards after a unanimous vote of the Chief Defenders of New York State. Tailored to New York's public defense scheme, the standards set out requirements covering: Independence (of defense services), Funding, Workload, Scope of Representation, Training and Supervision, and Eligibility (of Clients). Also addressing Duties of Counsel (in both criminal and family court representation), the standards provide a concise set of best practices.

National Committee on the Right to Counsel (NLADA). This committee was formed to evaluate indigent defendants' access to counsel, the quality of representation, sufficiency of resources for the defense, and offer recommendations for reforms and improvements. The committee is composed of judges, prosecutors, defenders, victim advocates, law enforcers and policymakers. This page includes project resources such as the Gideon decision and briefs, fact sheets on public defense, case studies, and more. The project was created through the joint efforts of the Constitution Project and the National Legal Aid and Defender Association (NLADA). The website is maintained by NLADA.

Report of the Washington State Bar Association Blue Ribbon Panel on Criminal Defense (2004). This report was prepared to address concerns over the quality of public defense in the state of Washington. It reviewed public defense practices, past efforts at improvement, survey of defense standards implementation, effective efforts to change, and death penalty issues. It concluded with recommendations for improving the system.

State of the Judiciary 2004 (OCA 2004). In her annual address, Chief Judge Kaye touched on many issues concerning criminal justice and announced the formation of a Commission on the Future of Indigent Defense Services. Its purpose will be to "examine the effectiveness of indigent criminal defense services across the State, and consider alternative models of assigning, supervising and financing assigned counsel compatible with New York's constitutional responsibilities and fiscal realities."

Defense of Public Access to Justice: An Assessment of Trial-Level Indigent Defense Services in Louisiana 40 Years After Gideon (NLADA). This report examines the quality of public defense services provided in Louisiana over the last 40 years. It includes a review of the problems found in the funding system, defense structure, independence of defense providers, and proposed reforms. The report was prepared by the National Legal Aid and Defender Association and commissioned by the National Association of Criminal Defense Lawyers.

Comprehensive Review of Indigent Defense in Virginia (ABA 2003). This report concerns Virginia's indigent defense system. It analyzed the effects of funding, caseloads and other factors on public defense representation, and offered recommendations for remedying its shortcomings. The report was prepared by the Spangenberg Group and published by the American Bar Association .

Assembly Line Justice: Mississippi's Indigent Defense Crisis (NAACP Legal Defense and Educational Fund 2003). This report describes the value of an adequately funded statewide public defense system in Mississippi. It was based on an economic study of the State's indigent defense system. It concluded that fully-funded defense services could reap cost savings, address racial disparity in case processing of offenders, and improve the quality of representation. The report was prepared by the NAACP Legal Defense and Education Fund.

Alabama v. Shelton: The Right to Counsel in Misdemeanor Cases Resulting in Suspended or Probated Sentence (NCSC 2003). This report focuses on the Supreme Court's decision in Alabama v. Shelton, 535 US 654 (2002), which mandated assignment of counsel to an indigent defendant charged with a misdemeanor and facing a probationary or suspended sentence. It reviews the states affected by the practices identified in Shelton and recommends solutions for implementing the right to counsel. The report was prepared by the National Center for State Courts' Knowledge and Information Services.

 Texas Task Force on Indigent Defense . This web site contains extensive data about the public defense system in Texas. It includes information on county indigent defense plans, policies and standards, fiscal reports, and many other resources. The site is maintained by the Task Force.

Evaluation of the Public Defender Office: Clark County, Nevada (NLADA 2003). The National Legal Aid and Defender Association conducted a study to evaluate current practices and recommend alternatives for improving the efficient use of attorney and staff in the Clark County, Nevada Public Defender Office. Their report described the current state of indigent defense funding and operations nationally, and concluded with recommendations for improving the quality of representation provided by the ClarkCounty office.

Quotations, Famous and Not So Famous, About Equal Justice--Or More Often Its Absence (National Equal Justice Library). This is a collection of quotes from legal aid lawyers, politicians, judges, and other sources regarding the struggle for equal justice. The materials have been gleaned from speeches, judicial opinions, books and articles. The site is maintained by the National Equal Justice Library .

Indigent Defense Resources (NCSC). This is a collection of materials and reports from various sources concerning indigent defense. It includes a bibliography of reports produced by the NationalCenter for State Courts, a Resource Guide and FAQs on public defense issues. This web site is maintained by the National Center for State Courts' Knowledge and Information Services
 

Research Links_______________________________________

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