January 7, 2010
NEW YORK STATE BAR ASSOCIATION RENEWS THE CALL TO
SUPPORT CIVIL LEGAL SERVICES PROGRAMS
President Michael E. Getnick Pledges to Work with
State and Federal Lawmakers to Ensure Access to Justice for Low-Income
New Yorkers
New York State Bar Association President Michael E. Getnick (Getnick
Livingston Atkinson & Priore, LLP of Utica and of counsel to Getnick
& Getnick of New York City) today will reaffirm the State
Bar’s commitment to ensuring access to justice for indigent New
Yorkers and pledge to work with the State Legislature, the Governor and
other interested advocacy groups to develop creative solutions to fund
the state’s civil legal services programs.
Scheduled to testify this afternoon at a joint Senate and Assembly
public hearing convened to focus on the Interest on Lawyers Account
(IOLA) and the future of civil legal services, Getnick will emphasize
the critical need to enhance access to the civil justice system for
those unable to afford legal representation. The hearing – the
third in a series of statewide hearings studying alternative ways to
enhance IOLA revenues to fund civil legal services – will be held
in Albany in Meeting Room 6 of the Empire State Plaza Concourse.
“Given the current economic circumstances, the cruel irony is
that the significant drop in IOLA revenue has been compounded by an
increased need for the civil legal services these funds support,”
Getnick will tell legislators. “These services help to protect
those who are or about to become homeless, or have been denied other
social service benefits to which they may be entitled.”
In his testimony, Getnick will once again urge legislators to provide
a stable and dedicated funding mechanism for civil legal services and
will advocate for:
1. Creating a permanent Access to Justice Fund in the state
budget;
2. Identifying a state-level agency to assume responsibility for
administration and oversight of the Fund; and
3. Working with the legal community to ensure that access to justice
receives support, attention and priority.
The establishment of a dedicated fund promoting access to justice to
the civil justice system for the indigent has long been a top priority
of the State Bar.
Recognizing the difficult financial situation the State is facing,
Getnick will note that the State Bar is committed to assisting
legislators in developing creative solutions to fund civil legal
services for the needy, provided that they do not “limit a
litigant’s access to the justice system and impair a basic
obligation of our society to all people.”
Additionally, Getnick will call upon the State Legislature to approve
the recently proposed $15-million appropriation to the judiciary budget
that would help address the projected loss of IOLA revenues. Last
September, Getnick wrote to Chief Administrative Judge Ann Pfau in
support of this measure in order that “providers of civil legal
services could continue to provide much needed legal assistance at a
critical time for many needy New Yorkers.”
“I pledge that I and the other leaders of the New York State
Bar Association will do whatever we can to support you on this
critically important issue and that we will continue to explore various
sources of revenue that would not impair access to justice for the
people of New York State,” Getnick will conclude.
To view a full copy of President Getnick’s testimony, please
visit http://www.nysba.org/GetnickIOLATestimony.
Founded in 1876, the 77,000-member New York State Bar Association is the
official statewide organization of lawyers in New York and the largest
voluntary state bar association in the nation. The State Bar’s
programs and activities have continuously served the public and improved
the justice system for more than 130 years. For more information, visit
us at our Web site at www.nysba.org.
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