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Contact: Andrew Rush
Director, Media Services & Public Affairs
arush@nysba.org
518/487-5530
July 2, 2007
STATE BAR ASSOCIATION CALLS FOR REFORMING ACCESS TO
JUSTICE FOR LOW INCOME NEW YORKERS
Association’s Governing Body Approves Vital
Report at June House of Delegates Meeting
Cooperstown, NY - The New York State Bar
Association’s House of Delegates today approved a resolution
urging New York State to dramatically enhance legal services for low
income people in criminal matters. The approved resolution embraces a
comprehensive report presented by the Association’s Special
Committee to Ensure Quality of Mandated Representation on this crucial
issue. The committee studied the matter over the past year and conducted
an in-depth examination of a report by Chief Judge Judith Kaye’s
Commission on the Future of Indigent Defense before issuing the report.
The vote by the House of Delegates to approve the resolution means that
the report is the official position of the New York State Bar
Association.
The approved report acknowledges a number of failings in the current
system of public defense highlighted in the Kaye Commission report,
including a lack of meaningful independence from improper influences,
inadequate funding resources, unmanageable caseloads, and a lack of
oversight and enforcement of quality standards. It endorses the Kaye
Commission findings that New York needs an indigent defense commission
that is free of political influence, requires clear statewide standards,
a reduction of excessive caseloads, and a new a system for statewide
funding.
“The Bar Association has long advocated improving this
splintered, inefficient system that has proven inadequate to best serve
those who cannot afford to seek the justice for which they are
entitled,” State Bar Association President Kate Madigan,
Binghamton (Levene Gouldin & Thompson LLP), said. “True to our
tradition of fighting for those who are often left with little recourse,
the Bar Association proudly takes a firm position in support of justice
for all, without regard to socioeconomic status or income.”
In March the special committee held a forum with more than 100
attorneys featuring a panel discussion of distinguished, experienced
legal professionals and remarks from Chief Judge Kaye. The panelists,
among the foremost experts in their field, agreed that a successful
system would require independence as well as statewide funding and
standards.
Vincent E. Doyle III, Buffalo (Connors & Vilardo), Chairman of
the Special Committee to Ensure Quality of Mandated Representation said,
“The position we have taken today sends a strong message to
legislators, the governor and the public that the Bar Association and
New York lawyers are committed to ensure equality in the legal system.
The fine attorneys throughout the state who represent the poor in
criminal cases must be given the resources they need, and the respect
they deserve. ”
Reforming the process for indigent defense requires the approval of
the State Legislature and the Governor. The approved resolution
calls upon the Association to actively promote such legislation to enact
these reforms.
The 72,000-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, NYSBA
programs and activities have continuously served the public and improved
the justice system for more than 130 years.
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