Independent Public Defense Commission
Summary
New York’s public defender system is broken. The federal and state constitutions guarantee a right to counsel. The current system has failed to provide indigent criminal defendants with adequate legal representation. Each county maintains its own public defender system, and there is unevenness in quality of services provided.
Conference Position
The Catholic Conference supports the establishment of an Independent Public Defense Commission to develop and oversee a statewide public defender system.
Rationale
Since 1965 each county in New York State and the City of New York have been required to provide public defender representation at local expense. This system has resulted in underfunded public defense, excessive caseloads and inadequate representation. In 2006 Chief Judge Judith Kaye appointed the Commission on the Future of Indigent Defense Services. This Commission conducted a comprehensive study of New York’s public defense system, and recommended the establishment of a statewide, state funded public defense system to be administered by an independent public defense commission. The proposed system would establish and enforce uniform standards statewide.
Legislation has been introduced in both houses that would implement the Kaye Commission recommendations. There has been broad based support for the legislation, and a recent Zogby Poll indicates that New Yorkers support the creation of an independent state agency to administer public defense.
The ensuring of adequate legal representation for indigent criminal defendants is necessary in actualizing our commitment to “justice for all.”
You can download this document, Independent Public Defense Commission, in PDF form.
