Breaking News and Updates

• Judge, Prosecution And Defense Contribute To Need For Reversal, New York Law Journal (1st Dept), April 28, 2008. (See Courts NY for more information.)

• Panel Faults Pledge To Prove Innocence, New York Law Journal (2nd Dept), April 28, 2008. (See Courts NY for more information.)

• Supreme Court Says Police May Search Even If Arrest Invalid, Washington Post (US), April 23, 2008. (See Courts Federal for more information.)

• Increased Mandatory Surcharges and Crime Victim Assistance Fees, Center for Community Alternatives, April 2008. (See Legislation NY for more information.)

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.

Report Cards on Public Defense in NYS Counties

The National Legal Aid and Defender Association (NLADA) graded six New York State counties on their compliance with the American Bar Association's Ten Principles of a Public Defense Delivery System. Their report cards are available (in PDF format) here: Cattaraugus, Niagara, Ontario, Schuyler, Tioga and Washington.

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.

NLADA Franklin County Report

Justice Impaired: The Impact of the State of New York’s Failure to Effectively Implement the Right to Counsel — Franklin County (NLADA 2007) (689K PDF)

NY Public Defender System Zogby Poll

Zogby New York Poll: 73% Favor Creation of Independent Agency to Administer Public Defender System (Oct. 11, 2007)

Kaye Commission Report

• The final reports of the New York State Commission on the Future of Indigent Defense Services and the Spangenberg Group are now available.

• Final Report to the Chief Judge of the State of New York (Kaye Commission)

• Status of Indigent Defense in New York (Spangenberg Group)

Representing Immigrant Defendants in New York
(4th ed. 2006) is now available.
For ordering details, click here.
Visit NYSDA's Immigrant Defense Project website for more resources.

NYSDA Case Digest System CD-ROM
16 Years of NY Criminal Cases at Your Fingertips

The Case Digest System is a searchable database
containing over 8,400 digests of NY criminal decisions
from NYSDA's Public Defense Backup Center Report.

For more information, and to order a copy
of the Case Digest System, call (518) 465-3524.

Read the electronic version of the Backup Center Report

In this issue:
 Defender News
 Practice Tips
 Conferences & Seminars
 Job Opportunities
 and more...

Reentry Resources
For resources on reentry
and the
collateral consequences
of criminal convictions visit

Reentry.net/NY
Four Cs