In response to Gideon v. Wainwright, 372 U.S. 335 (1963), New York created a county-based system of representation for criminal defendants, as well as Family Court litigants, who are entitled to counsel paid for by the government. See County Law article 18-B. In counties throughout the state, a significant component of the public defense system is an assigned counsel program (ACP). Bar associations administer the programs, and private attorneys provide the representation. However, the statute provides no details as to how to establish and administer an ACP. So, for four decades, counties and bar associations have created and maintained such programs with little guidance. That is changing, due to several developments.
First, in 2015, a court-approved settlement in Hurrell-Harring v. State of NY—a case addressing the state’s failure to support a system that ensured effective assistance to indigent criminal defendants—led to criminal defense reform in the five counties named in the lawsuit. Second, in 2017, these reforms were expanded statewide, at state expense, pursuant to Executive Law §832(4). The State Office of Indigent Legal Services (ILS) was charged with implementing the Hurrell-Harring settlement and its statewide expansion. Third, effective April 1, 2019, ILS was also given the authority to approve ACPs. See County Law §772(3)(b), (c).
This content has been archived.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
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
