Breaking News and Updates

Ruling Leads Two Judges to Reject Civil Confinement, NYLJ, March 4, 2015
3 Attica Guards Resign in Deal to Avoid Jail, NY Times, March 2, 2015
Supreme Court Gives Tacit Approval for Government to Take Anybody’s DNA, Ars Technica, March 2, 2015
Should Texts, E-Mail, Tweets and Facebook Posts Be the New Fingerprints in Court?, Wash. Post, Feb. 27, 2015
A Partial List of Things That Field Testing Drug Kits Have Mistakenly Identified as Contraband, Wash. Post, Feb. 26, 2015
Building a Face, and a Case, on DNA, NY Times, Feb. 23, 2015

NYSDA Veterans Defense Program: Defending Those Who Defended Us
The Veterans Defense Program provides training, support and legal assistance to engender zealous representation of veterans and service members involved in New York State criminal or family court matters. The VDP directly helps the most vulnerable of our veterans by assisting defense attorneys in providing justice to veterans with military-related mental health illnesses, such as PTSD, TBI or depression, and facilitating treatment to heal their wounds of war.

Hurrell-Harring Settlement: A Major Step on the Road to Justice
The historic settlement of Hurrell-Harring v. NY lawsuit overhauls New York’s public defense programs in five counties and lays the foundation for statewide reform of the broken public defense system. The State took responsibility for providing public defense for low-income people for the first time in over 50 years since the Supreme Court held that it is a state obligation. The NYCLU and Schulte Roth & Zabel LLP filed the class-action lawsuit against the State for public defense deficiencies in Onondaga, Ontario, Schuyler, Suffolk, and Washington counties. The settlement plan announced in October 2014 is expected to be finalized soon.

Full Funding Sought for NYSDA and for ILS Office
For the upcoming fiscal year, NYSDA seeks full funding for its Backup Center, cut 48% in the Executive Budget, and $1 million for its Veterans Defense Program (see below). The Association also supports the funding request of the Indigent Legal Services (ILS) Office for funds sufficient not only to implement specific provisions of the Hurrell-Harring settlement described below but also to help counties not specifically named in the suit improve their public defense services. Written and oral testimony (at 8:26) was submitted at a legislative hearing; a separate memo in support of the ILS Office budget was distributed to all legislators.

NYS Indigent Legal Services Office to Implement Hurrell-Harring
The State’s Indigent Legal Services (ILS) Office will implement and monitor compliance with the Hurrell-Harring agreement. The first step is an infusion of money; ILS must expand to fulfill numerous obligations including creating standards and a step-by-step plan to improve public defense programs in the five counties. While the Governor laudably included budget increases for ILS in the Executive Budget for FY 2015-16, more is needed. NYSDA will assist the ILS Office while continuing work to improve public defense representation statewide, helping the remaining 57 counties address deficiencies in their public defense systems, and providing training and backup services to public defense lawyers in all the counties. See NYSDA’s 2015-16 budget testimony and memo supporting the ILS Office budget.

NYS Indigent Legal Services Office Ramps Up
The State’s Indigent Legal Services (ILS) Office will implement and monitor compliance with the Hurrell-Harring agreement. The first step is an infusion of money to the ILS so it can expand its services and fulfill numerous obligations on statewide standards and a step-by-step plan to improve public defense programs in the five counties. Governor Cuomo took the first step in the agreement by proposing budget increases for ILS in the Executive Budget for FY 2015-16. NYSDA is assisting the ILS Office while continuing work to improve public defense representation statewide. NYSDA is helping the remaining 57 counties to address deficiencies in their public defense systems and providing training and backup services to public defense lawyers in all the counties. See NYSDA 2014 Annual Report.

Immigrant Defense Support
NYSDA provides backup services for public defense attorneys on the intersection of immigration and criminal defense through support from the Immigrant Defense Project. NYSDA also works with the National Immigration Project of the National Lawyers Guild and Bar Associations at training events.