New York City did not overstep its authority when it decided to contract with institutional legal service providers to represent indigent criminal defendants in conflict cases instead of assigning those cases to private practitioners under Article 18-B of the County Law, a closely divided appeals court has ruled.
The 3-2 ruling by the Appellate Division, First Department, in New York County Lawyers Association v. Bloomberg, 107216/10, handed down March 15, dealt a blow to a coalition of bar groups, which had argued that under Article 18-B, the city needed their consent to change its policy for assigning conflict counsel for poor criminal defendants.
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