NY State Criminal Defense System In Need of Overhaul

Low-income New Yorkers are not getting sufficient legal representation in criminal court and the state needs to overhaul its current system to ensure the constitutional rights of accused criminals aren’t violated, according to a new report by state court officials.

The report found that the criminal defense system for the poor in New York is alarmingly underfunded, has no competence standards for lawyers, and no consistent standards for the operation of defense services.

Furthermore, the report stated that appointed state defense lawyers are highly overworked and don’t typically meet their clients outside the courtroom, giving prosecutors the upper hand in trial.

“It’s clear to all of us in the New York state courts, in the justice system and in the legal profession, that New York state’s indigent defense system is in crisis,” said Chief Administrative Judge Jonathan Lippman. “What we have is a patchwork of plans that lack authority and oversight.”

According to the report, New York is one of a handful of states that don’t fully finance criminal defense expenses, only funding about 20 percent of the $300 million yearly expense for criminal services.

In addition, because of the “fractured, inefficient and broken system” in New York, even tracking legal representation of poor defendants is difficult, the report said. New York is one of six states that don’t monitor statewide criminal defense for low-income defendants.

The report recommends lawmakers act on a new bill next year that would make major changes to the current inadequate system. Such changes would include requiring the state to fund criminal defense rather than burdening the counties and setting standards of performance for defense attorneys.

“This [the report] clearly confirms what many of us believe. The criminal justice system for defenders services is in need of dramatic overhaul,” said Helene Weinstein, Democratic Assemblywoman and chairwoman of the Assembly Judiciary Committee. “The report certainly cries out for some action.”

“I would hope lawmakers could look at taking the next step,” she said.

If you or a loved one has been charged with a criminal offense, contact an experienced criminal law attorney today.