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Reports & Studies
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NYSDA produces a variety of documents, from analysis of statewide or local public defense issues to practice pointers on specific legal issues or procedures important in defenders' work. Some documents involved the collection and analysis of data. Others describe or apply legal materials.

Archival material such as that below provides a historical perspective of NYSDA's work to monitor, report on, and improve public defense services in New York State.

More current studies and documents can be found under Our Work at Positions and Studies, and in different practice areas under Resources.

Report on the Assigned Counsel Fee Crisis

NYSDA's report on New York's defense funding crisis, Resolving the Assigned Counsel Fee Crisis: An Opportunity to Provide County Fiscal Relief and Quality Public Defense Services (March 2001), 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.

Report on Eligibility

NYSDA completed a study of eligibility practices for appointed counsel entitled Determining Eligibility for Appointed Counsel in New York State: A Report from the Public Defense Backup Center (1994). A copy of the full report with appendices for each county is also available from the Backup Center. The Backup Center works with counties to develop model eligibility procedures that will assure fiscal and quality controls on the delivery of services.

Technical Studies, Model Forms and Other Reports (1981-2003)

  • Preliminary Report Concerning the Inadequacy of Defense Services Available to Farm Workers (Oct. 15, 2003) English and Spanish (PDF)
  • NY Public Defense Services Fact Finding Hearings (NYSDA & League of Women Voters 1998)
  • Analysis of Violation Data in Allegany County 1980-1990 (1990)
  • Assigned Counsel Fees in New York State: Time for a Change (1985)
  • Crisis in Indigent Defense Funding: Testimony Before the American Bar Association Standing Committee on Legal Aid and Indigent Defendants (1982)
  • Correction Law Section 606: The Unfulfilled Promise, A Report by the Public Defense Backup Center on the Legislative History of Correction Law Section 606 (1983)
  • Deepening Crisis in the Indigent Parolee Representation Program: The Critical Need for Additional Funds (1990)
  • Defender Budgetary Request to Reduce Appellate Backlog and Delay (1988)
  • Determining Eligibility for Appointed Counsel in New York State: A Report from the Public Defense Backup Center (1994)
  • Eligibility for Public Defense Representation: The High Risks of Being Unable to Afford Counsel in New York State (1986)
  • Funding Crisis for Poor Defendants in New York State (1992)
  • Funding the Defense of the Poor: A Reformulation of the Governor's Proposal (1990)
  • Indigent Parolee Representation: A Mandate Unfulfilled; State Funding of Public Defense Programs: More Than a Decade of Disparity; NYSDA Public Defense Backup Center Outline of Proposed Cuts (1992)
  • Issue Paper: Recommended Enhancements for the Public Defense Backup Center FY 90-91 With Budget Narrative (1989)
  • Legislative Recommendations Prepared at the Request of the Office of the Director of Criminal Justice (1987)
  • Model Assigned Counsel Contract (1985)
  • Model Assigned Counsel Voucher, Voucher for Compensation and Expenses of Appointed Counsel Pursuant to Section 722-c of the County Law (1984)
  • Model Public Defense System and The Model Defense Case, The Tools for the Professional Evaluation and Measurement of the Effective Assistance of Counsel in Local Practice (1984)
  • Model Questionnaire for Eligibility for the Appointment of Counsel and Eligibility Determination Worksheet (Proposed Draft) (1996)
  • New York State Appellate Backlog and Delay Program: A Call for the Restoration of Funds in the FY 90-91 Budget: $283,334 (1990)
  • Proposal to Establish an Appellate Defender Office Covering the Third and Fourth Departments of New York State, Submitted to the National Legal Aid and Defender Association Appellate Defender Development Project (1980)
  • Prosecution/Defense Funding Disparity Charts (1985)
  • Public Defense Services in Clinton County: An Assessment of the Assigned Counsel System (1986)
  • Public Defense Services in Ontario County: A Study of the Assigned Counsel System (1985)
  • Public Defense Services in Schenectady County: An Assessment of the Assigned Counsel Program (1984)
  • Report of the Proceedings of the First Chief Defender Convening in New York State (1983)
  • Standards for the Treatment of Crime Victims, Memorandum from Jonathan E. Gradess to Lawrence T. Kurlander, Director of Criminal Justice, and Sherrie McNulty, Counsel (1983)
  • Use of Expert and Investigative Services in Defense of the Poor: A Primer for New York State (1985)
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