"I have been a strong supporter of this legislation from day one. The cost of indigent defense is most onerous on poor counties, including St. Lawrence and Jefferson counties," she said.
"State funding of the indigent defense program will ensure defendants from all economic backgrounds have effective representation. This is an issue of fairness. It will also put all counties in the state on the same footing and provide important mandate relief for taxpayers in St. Lawrence and Jefferson counties," she added.
St. Lawrence County spent $2.3 million to fund its indigent defense program in 2014. The cost for indigent defense in Jefferson County is just under $2 million.
St. Lawrence County Attorney Stephen D. Button, a former public defender who has played a leadership role on the indigent defense funding issue, said he was pleased with the support the legislation received from the assembly members representing St. Lawrence County.
“For more than 50 years, counties in New York State have shouldered the burden of covering the expense of indigent defense through taxes assessed against their property owners," he said.
"Now, the State of New York is on the doorstep of assuming that cost and covering it through tax revenue unavailable to the counties. St. Lawrence County is pleased with this monumental step toward true unfunded mandate relief for the many property owners of St. Lawrence County," Mr. Button added.
"We are appreciative of the help and support shown by Assemblywoman (Patricia) Fahy, Assemblywoman Russell, Assemblyman (Ken) Blankenbush, Assemblyman (Marc) Butler and Assemblywoman (Janet) Duprey," he noted.
He said the legislation is expected to make it to the floor of the state Senate within the next two weeks.
"We look forward to an equal level of support in the New York State Senate from Senator (John) DeFrancisco, Senator (Patty) Ritchie, Senator (Joseph) Griffo and Senator (Betty) Little,” Mr. Button said.
The legislation is carried by Senator DeFrancisco (R-Syracuse), in the state Senate.
In the landmark decision of Gideon v. Wainwright over 50 years ago, the Supreme Court of the United States, ruled it is a fundamental right of all persons in the United States to be represented by counsel in all criminal proceedings.
The State of New York implemented this by mandating counties pay for their defense. A 2006 report chaired by the late former Chief Judge Judith Kaye labeled the state of public defense as an ‘ongoing crisis.’ Many counties do not have a system of supervising caseloads or standards to ensure comparable compensation for defenders.
This bill would provide counties with significant fiscal mandate relief by providing a full state fiscal takeover of indigent defense services. The proposed legislation would ensure that first-rate legal representation for indigents not be compromised and relieve county taxpayers from the state’s responsibility.
A class action lawsuit filed against the state resulted in a successful settlement making the state responsible for providing public defense in five counties - Suffolk, Washington, Ontario, Onondaga and Schuyler - for the cost of indigent legal services.
That settlement only applied to these five counties who brought suit. The settlement was based on the constitutional right of indigent individuals to have counsel in criminal cases.