New York Group Proposes Legislation for Independent Public Defense Commission

September 2, 2001 - The Committee for an Independent Public Defense Commission, an ad hoc group whose members include three architects of the existing indigent defense statutory framework in New York (Article 18-B of the County Law), has presented New York lawmakers with a proposal calling for an independent statewide commission to guarantee high quality indigent defense representation. Citing a chronic shortage of lawyers willing to represent indigent clients in criminal and Family Court matters, the group concludes the state's current public defense system "has placed the right to counsel guaranteed by both the State and Federal Constitutions on the brink of collapse."

The proposed plan calls for creation of a public defense commission that is housed in a "public benefit corporation" and governed by an independent board of 13 members. The commission would be empowered to develop and enforce standards regarding selection, training, workload and performance of lawyers, as well as eligibility of clients. Seven members would be appointed by the governor while the six other members would be appointed by the following stakeholders: the majority leader of the senate, the minority leader of the senate, the speaker of the assembly, the minority leader of the assembly, the chief judge of the court of appeals, and the administrative board of the courts. The proposal requires the governor to make five of his or her seven appointments from nominations put forth by five organizations: the New York State Association of Criminal Defense Lawyers, the Vera Institute of Justice, the Community Action Association of New York, the New York State Defenders Association and the New York State Bar Association. Further details to be published in the next issue of The Spangenberg Report).

For more information contact tsg@spangenberggroup.com