February 8, 2010
STATE BAR ASSOCIATION TESTIFIES AT JOINT BUDGET
HEARING
Urges State Legislature to Fund Essential
Functions of New York’s Courts and to Provide Necessary Resources
to Ensure Access to Justice for Indigent New Yorkers
In testimony at a Joint Legislative Public Hearing on the 2010-11
Public Protection Budget in Albany, the New York State Bar Association
today urged state legislators to adequately fund civil legal services to
ensure access to justice for indigent New Yorkers and to keep New
York’s courts functioning in an efficient manner by fully-funding
the Unified Court System’s recently-submitted $2.44 billion budget
request for the upcoming fiscal year.
Testifying on behalf of State Bar Association President Michael E.
Getnick (Getnick Livingston Atkinson & Priore, LLP of Utica and of
counsel to Getnick & Getnick of New York City), State Bar Past
President G. Robert Witmer, Jr. of Rochester (Nixon Peabody, LLP)
reiterated the State Bar’s commitment to supporting New
York’s court system, to advocating on behalf of the legal
profession and to supporting the civil legal service needs of low-income
New Yorkers.
“The fair and impartial administration of justice is a fundamental
responsibility of government, one upon which the vitality of our
democracy depends,” Witmer told legislators. Year in and year out,
New York’s courts adjudicate millions of disputes, both great and
small, and guarantee a “day in court” to all people,
including the weak, the poor and the unpopular.
Witmer, noting that New York’s Unified Court System is one of
the largest and busiest court systems in the world, stressed the
importance of a well-functioning judicial system to legislators.
“The annual caseload of the courts is at an all-time high,
exceeding 4.7 million filings for the first time,” Witmer
continued. “Further, it is expected that the economic downturn
will continue to bring additional cases to the courts. If the
Judiciary does not receive funding requested in its budget, it will be
forced to reduce its workforce, potentially through layoffs, at a time
when the courts’ workload is increasing. Undoubtedly, this would
seriously jeopardize the fair and swift administration of justice.
“It is beyond dispute that the Legislature should provide
adequate funding to sustain the essential functions of the courts. Given
the nature and function of the courts, and the fact they have little
control over the number of new cases filed, the proposed budget is an
appropriate request and we urge the Legislature to approve it as
submitted, he said.”
In addition, the State Bar is issuing a call to arms, urging all
Association members to write their legislators in support of the
Judiciary’s budget proposal.
CIVIL LEGAL
SERVICES
The State Bar Association called on legislators to provide a stable
and dedicated funding mechanism for civil legal services, advocating
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.
“The essential legal needs of more than 85% of low income
New Yorkers are not being met under the current funding levels,”
Witmer said. “We cannot ignore a gap of this magnitude, which for
many New Yorkers will mean the difference between losing a home or
keeping it, suffering from domestic abuse or finding refuge from it, or
gaining or losing custody of a child. When basic human needs are
at risk –those involving shelter, sustenance, safety, health or
child custody– everyone deserves the right to counsel. The
promise of equal justice for all must extend to every
person.”
Additionally, Witmer urged legislators to approve an appropriation
included in the Judiciary's proposed budget that provides for a
$15-million allocation to the IOLA Fund, to help offset declining IOLA
revenue due to low interest rates on escrow accounts and reduced funds
in these accounts due to the decline in the number of real estate
transactions, and asked legislators for their assistance in working with
New York’s congressional delegation to eliminate the burdensome
restrictions placed on the use of non-federal funds by civil legal
service organizations.
PROPOSED COURT FEE INCREASES
The State Bar also noted that the proposed Executive Budget
inappropriately links funding for civil legal services programs to
increased fees imposed on those who use the courts. The Executive Budget
would, therefore, increase the State’s portion of the index number
fee in Supreme Court, increase fees for motions and cross-motions in
Supreme and appellate courts, and increase the “first-paper
fee” in several lower courts.
“This proposal would further burden the court system and those
who depend upon the system to resolve disputes and enforce the
law,” said Witmer. “Linking fee increases to programs
intended to serve the poorest and most vulnerable members of our society
would be the wrong approach to solving the serious fiscal problem that
confronts the government. Therefore, the Association opposes that
portion of the proposed Executive Budget.”
INDIGENT CRIMINAL DEFENSE
The State Bar Association also supports the restructuring of the
delivery of indigent defense services by establishing a statewide
defender office, which would include an independent Indigent Defense
Commission, Chief Defender, and Regional and Local Defender Offices to
ensure that low-income New Yorkers are guaranteed their constitutional
right to the effective assistance of counsel.
JUDICIAL SALARY REFORM
Arguing that judges are critical to the delivery of justice in our
society’s system of government, Witmer called upon the Legislature
to ensure that our judges are fairly compensated on a regular and
ongoing basis. The State Bar Association supports the comprehensive
Quadrennial Commission on Executive, Legislative and Judicial
Compensation initiative developed by the Judiciary that would establish
a permanent mechanism for the regular salary review of officials in all
three branches of government. Under that proposal, judges would receive
an immediate increase, and judges, legislators and executive-branch
officials would receive future cost-of-living adjustments, or COLAs, at
appropriate intervals.
“The ability of an impoverished or unpopular individual to
invoke the power of the world’s most prestigious legal system to
protect his or her rights is, and should continue to be, a source of
great pride and great strength for all New Yorkers,” Witmer
concluded. “We urge you to remain committed to protecting
access to justice and to ensuring the public’s trust and
confidence in our justice system.”
To view a full copy of Past President G. Robert Witmer’s
testimony, please visit www.nysba.org/WitmerBudgetTestimony.
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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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