Gotham Gazette Reports on New York's Public Defender System in Crisis
By Jamie Bence
Gotham Gazette reports on efforts to overhaul New York’s Public Defender system, generated by widespread complaints about the quality of services and pressure on the accused to accept plea deals. However, the necessary changes will require more than talk:
While recent efforts by the state legislature and Chief Judge Jonathan Lippman have lead to the first steps in reforming the system, a true overhaul in which the state would take over the reins and set standards now seems long off due to the state’s fiscal trouble. In fact, even the small gains that have been made seem in jeopardy. Meanwhile the New York Civil Liberties Union has brought suit against the state in hopes that it can expedite justice for thousands of poor New Yorkers.
Families are frustrated with court appointed attorneys, who in turn are strapped for resources and often juggling huge caseloads. It has led some to question whether the system meets minimum constitutional standards for representation:
The New York Civil Liberties Union has filed suit against the state charging that the public defender system does not provide the constitutionally required quality representation for indigent defendants. The case is currently in discovery. Some advocates hope the case will eventually force the state to reform the system.
“This is a systemic deficiency we are talking about,” said Corey Stoughton, lead counsel on the NYCLU case, “not simply one bad apple.” Because funding for indigent defense in New York is left up to New York City and 57 upstate counties, each locality has a different structure for their system and provide various levels of financial support.
While New York has taken steps to reform the structure of its legal services, no state-wide standard for legal services yet exists. Read more here.
