June 17, 2009
STATE BAR PRESIDENT MICHAEL E. GETNICK CALLS FOR
ACTION ON CRITICAL ISSUES BEFORE THE END OF THE LEGISLATIVE SESSION
Letter Urges Lawmakers to Work Together to Reform
Our Justice System, Provide Quality Civil Legal Services, and Ensure
Access to Justice for all Citizens
In a letter sent today to members of the state legislature and to the
Governor, New York State Bar Association President Michael E. Getnick of
Utica (Getnick Livingston Atkinson & Priore, LLP and of counsel to
Getnick & Getnick of New York City) called on state lawmakers to act
on several important issues before the close of this year’s
legislative session, including allocating critical funding to civil
legal service providers, reducing the number of wrongful convictions,
establishing an indigent defense commission for the provision of quality
public defense services, and enacting legal equality for same-sex
couples.
“These unprecedented economic times have taken a devastating
toll on our most vulnerable citizens,” said Getnick.
“Whether it is saving a homeowner from the threat of foreclosure,
helping someone to obtain quality legal counsel to prepare for a court
proceeding or exonerating someone falsely accused of a crime, everyone
deserves equal access to our justice system. Despite the
extraordinary challenges that you and other lawmakers may face, I urge
you to take steps to address these important public policy issues that
remain unresolved this session.”
Getnick called on the state legislature to take action on the
following issues:
Provide Adequate Funding for Civil Legal Services – Even in the
best of economic times, the needs of low-income New Yorkers for civil
legal services far outpaced available resources. State funding for
providers of civil legal services is critical if we are to address those
unmet needs. In the letter, Getnick calls on the Senate to take
the necessary steps to disburse $4.4 million in funds to various civil
legal service providers across the state that were appropriated in the
2009-10 state budget.
Establish an Independent Indigent Defense Commission -- In too many
areas of the state, the current system of appointive counsel has not
served the criminal justice system well. For this reason, the
Association recommends the establishment of an independent, statewide
oversight body for defense providers. Among the responsibilities
of such a Commission would be the adoption and enforcement of statewide
standards for public defense services.
Take Appropriate Steps to Reduce Wrongful Convictions – After
reviewing 53 court cases, the State Bar’s Task Force on Wrongful
Convictions recommended a series of proposals – legislative and
procedural -- relating to government practices, identification
procedures, handling forensic evidence, use of false confessions,
jailhouse informants, and defense practices that could drastically
reduce the number of wrongful convictions in New York. In his
letter, Getnick noted that legislative action will go a long way to
ensuring that innocent citizens do not get punished for crimes they did
not commit.
Pass Legislation to Provide Legal Equity for Same-Sex Couples -- It
is important to afford same-sex couples the ability to obtain the
comprehensive set of rights and responsibilities available to
opposite-sex couples. The Assembly has passed the Governor’s
Program Bill and Getnick called upon the Senate to take action on this
matter.
“The time for action is now,” continued Getnick.
“These issues dramatically affect the quality of life of all New
Yorkers and, with tough fiscal times still ahead of us, we cannot afford
to sit on the sidelines and let these important priorities
languish,” he concluded.
In addition, the State Bar reiterated its strong opposition to a
number of current legislative proposals that would increase court filing
fees and increase any other associated fees that inhibit citizens’
access to the state’s court system.
“Increases in court fees add an unnecessary financial hardship
to those who need our courts to resolve their disputes,” said
Getnick. “With so many families struggling to make ends
meet, continuously raising the cost of commencing a court action amounts
to an extra burden on the due administration of justice.”
To view President Getnick’s
entire letter to state lawmakers, please visit http://www.nysba.org/EndofSessionLetter.
The 76,000-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.
Founded in 1876, State Bar programs and activities have continuously
served the public and improved the justice system for more than 130
years.
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