New York County Lawyers' Association

This Resolution was adopted by the Board of Directors of the New York County Lawyers' Association at its regular meeting on November 9, 1998.

WHEREAS, it is the statutory and professional obligation of the Bar Associations of the City of New York to insure quality representation for the indigent accused;

AND WHEREAS, the New York County Lawyers' Association ("NYCLA"), by Resolution dated December 12, 1994, expressed its concern about the quality of representation available to the indigent and the impact of decreased funding on the entities that provide defense for the indigent, and authorized the President of the Association to form a Task Force on the Representation of the Indigent;

AND WHEREAS, the President's Task Force, by Resolution dated June 12, 1995, urged the immediate creation of a Board of Trustees for Indigent Defense to oversee and secure the professional independence of defender organizations with the authority to establish general policy for the operation of all individual or institutional counsel providing for the criminal defense of the indigent;

AND WHEREAS, the Appellate Division, First Department on October 30, 1995 established the Indigent Defense Organization Oversight Committee (IDOOC) and provided IDOOC with the authority and responsibility, inter alia, to monitor the operation of organizations that contract with the City of New York to represent indigent defendants in criminal proceedings;
AND WHEREAS, pursuant to 22 NYCRR Part 613.5 IDOOC began immediately to promulgate standards for representation;

AND WHEREAS, the IDOOC standards, "General Requirements for All Organized Providers of Defense Services to Indigent Defendants" ("General Requirements"), were published on July 1, 1996;

AND WHEREAS, IDOOC pursuant to its mandate then began evaluating the contractual providers of indigent defense;

AND WHEREAS, IDOOC issued its most recent report in June 1998;

AND WHEREAS, IDOOC concluded that, at its present funding and caseload levels, the Legal Aid Society is not fulfilling the "General Requirements";

AND WHEREAS, the New York City Council appropriated $62 million for the Legal Aid Society's Criminal Divisions in fiscal 1999 and the Mayor froze a portion of that appropriation and approved $52 million for the divisions, which is $8 million less than Legal Aid received in fiscal 1998;

AND WHEREAS, a February 1997 report of the Task Force's Committee on Assigned Counsel Compensation Rates found that the rates of compensation established more than a dozen years ago and authorized by New York State law to be paid to private practitioners assigned to represent independent criminal defendants are inadequate and inconsistent with New York's commitment to equal justice;

IT IS HEREBY RESOLVED AS FOLLOWS:

NYCLA is deeply concerned about the ability of IDOOC to satisfy its responsibility of monitoring the services provided by all organizations in the 1st Department that contract with the City of New York to provide representation to indigent defendants. NYCRR Part 613.7 requires IDOOC to issue annual reports following their review of the organizations. The review process, to be meaningful and accurate, requires time and effort. Heretofore, IDOOC's volunteer members, along with a with a small cadre of bar association volunteers, have invested numerous hours conducting interviews, visiting offices, polling judges and prosecutors, reviewing data, etc. To satisfy their mandate, and to ensure that IDOOC continues to produce accurate, high-quality annual reports, NYCLA urges the City and the court system to take such steps as are necessary to insure that IDOOC is accorded a permanent, funded staff.

NYCLA urges the City of New York to release the additional $10 million in funding allocated by the City Council to the Legal Aid Society Criminal Divisions for fiscal year 1999. The IDOOC report observed that the increase in arrests in tandem with severe budget cuts has left Legal Aid unable to provide representation in accordance with the promulgated "General Requirements." Releasing the $10 million earmarked previously to Legal Aid by the City Council will permit Legal Aid to address some of the shortfalls listed in the IDOOC report.

NYCLA implores the City of New York to impose caseload limits on the Legal Aid Society and protect and preserve caseload limits on all other organizations that contract with the City of New York to provide representation to indigent defendants. At present, with the exception of the Legal Aid Society, all institutional defense providers contract with the City to handle a fixed number of cases. This insures that attorneys in those offices will be able to maintain finite caseloads. The Legal Aid Society contract, on the other hand, requires Legal Aid to represent an unlimited number of defendants. Given the inadequacies cited in the IDOOC report, caseload limits are necessary to insure that all defendants receive the effective assistance of counsel envisioned by the "General Requirements."

NYCLA again urges the Governor and the New York State Legislature to approve an increase in the hourly rates paid to attorneys in the Assigned Counsel Plan. As detailed in the February 1997 report of the Task Force's Assigned Counsel Compensation Committee, New York State's rates are among the lowest in the nation. As that report points out, only 7 states pay less than New York for in-court time ($40.00), and only 6 pay less for out-of-court time ($25.00). In order to attract and retain a sufficient number of competent and dedicated attorneys to serve on the Assigned Counsel Panels, NYCLA reaffirms its proposal that assigned counsel rates be fixed in accordance with the following schedule:

Felonies with the potential for life imprisonment: $100 per hour
All other felonies: $ 75 per hour
Appeals: $ 75 per hour Misdemeanors: $ 50 per hour
Ancillary help
a) lawyers - ½ the established rate for counsel
b) paralegals - $20 per hour