MOULE: Addressing indigent defense

By Jeremy Moule on March 4, 2009

When it comes to indigent defense reform, New York State appears to be going backward.

In a report released yesterday, Citizen Action of New York faulted Governor David Paterson's proposed 2009-10 budget for failing to invest in criminal defense services. Not only does the budget lack funding to begin indigent defense reform, says the report, but it also cuts funding for public defenders and legal aid groups.

The lead story in today's edition of City focuses on Monroe County's public defenders and the environment in which they work. For a month, I followed Amanda Oren, an attorney in the City Court bureau of the county Public Defender's Office. Growing caseloads, due in part to Zero Tolerance, strain that bureau - it's handling a workload that's more than double the national standard.

While Oren and her colleagues dedicate themselves to getting the best possible outcomes for their clients, the reality is that sometimes, the workload prevents them from spending the time they'd like on particular cases.

Further budget cuts from the state, which makes a minimal contribution to county public defense offices, won't help the situation. The state should act to create a more just and fair system before it's forced to - NYCLU is already trying to do that via a lawsuit. ACLU affiliates have filed similar suits in other states, and prevailed.

For more information about indigent defense reform, the Campaign for an Independent Public Defense Commission is a good starting point.