State Precluded From Spending $100 Million on Civil Legal Needs of Low-Income People
Providing civil legal services to the poor is a wonderful service. But the Judiciary of New York spending $100 million per year of taxpayer money to do so is inappropriate and probably unconstitutional.
January 29, 2018 at 02:46 PM
2 minute read
Maybe Chief Judge DiFiore was correct when she said at the annual New York State Bar meeting that New York is the undisputed national leader in serving the civil legal needs of low-income people. However, having the court system spend $100 million per year on such programs is wrong. Article 7, Section 8 of the State Constitution precludes giving or loaning money of the state in aid of any private corporation or association. Given this restriction, how does the Judiciary justify requesting and spending $100 million per year on Civil Legal Services to Legal Aid Societies and other organizations? In 2016 Legal Services NYC and the Legal Aid Society each received $9,786,789 from the Office of Court Administration.
Even if you do consider paying this money not a violation of Article 7 of the Constitution, Article 6 provides that the legislature shall provide for the allocation of the cost of operating and maintaining New York's courts. It does not allow the court system to enrich organizations that provide civil legal services that are not mandated by law or judicial decision. If any such payments are to be made, it should be a decision of the Legislature, not the court system which was established to run the trial and appellate courts.
Providing civil legal services to the poor, even if not mandated, is a wonderful service. Twenty-five years ago I started a law clinic in Albany County to provide free divorce papers for people who met federal poverty guidelines. I volunteered for years to train law students to aid poor people in Albany County Family Court with the preparation of petitions. Thousands have benefited from those services throughout the years. I was fortunate to have received pro bono awards from, among others, the New York State Bar Association and the New York Law Journal. My commitment to volunteering to provide free civil legal services has never wavered. But the Judiciary of New York spending $100 million per year of taxpayer money is inappropriate and probably unconstitutional.
Michael P. Friedman is the former president
of the Albany County Bar Association.
He practiced law in Albany County for 28 years.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2025 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All
A Biblical Reconciliation Between Judaism and Islam: A Lesson for Everyone, Everywhere
6 minute read
Trending Stories
- 1Trump's Pick for SEC Chair Likely to Stymie Shareholder Proposals from ESG Advocates
- 2Adobe’s Chief Cyber Legal & Privacy Officer Talks Managing Gen AI Risks, Cyber Training
- 3The M&A Partners Who Drove the Most Business as Deal Leads Last Year
- 4Recent Ford Bronco Battery Recall Draws Pa. Class Action
- 5Office of Special Counsel Chief Challenges Firing 'Without Cause'
Who Got The Work
J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
