CANTON — County officials across the state expect to know by March 31 whether the state will take over the full cost of indigent defense expenses from counties or if they’ll adopt a compromise bill that provides partial relief for those expenses.
County Attorney Stephen D. Button said the version of the bill that was passed by the state Assembly is more favorable to the county because it calls for having the state fully reimburse counties for providing legal defense for poor people charged with a crime. The bill would be phased in over the next seven years.
He said reimbursement under the Senate plan that’s also endorsed by Gov. Andrew M. Cuomo is limited to implementing plans for counsel at arraignment, caseload relief and quality improvements.
“The Senate supports capping all future expenses related to indigent defense, but is unwilling to assume the costs associated with our current mandate,” Mr. Button said. “Our hope is the Senate and Assembly will redouble their effort to take over not only future costs, but some of the current expenses we have related to the unfunded mandate.”
Providing relief from state mandate will help counties and localities reduce the property tax burden on its residents, he said.
In December, north country officials said they were shocked and saddened by Gov. Andrew M. Cuomo’s decision to veto a bill that would have transferred to the state the cost of providing defense attorneys to poor people charged with crimes.
He vetoed the measure even though it unanimously passed both houses of the state Legislature six months ago. In his veto message, Gov. Cuomo said a full state takeover of county indigent defense costs would reach $800 million.
Legislature Chairman Kevin D. Acres, R-Madrid, said based on the outcome of the Hurrell-Harring settlement in 2014, it’s only fair for the state to pick up all indigent defense costs for all counties.
That settlement, reached in 2014, resulted in the state agreeing to provide more funding to five counties: Ontario, Onondaga, Schuyler, Suffolk and Washington. It was prompted by a lawsuit filed by the New York State Civil Liberties Union which claimed those counties failed to adequately provide legal services for poor people.
“At the very least, that should be extended to all the other counties. That’s only logical,” Mr. Acres said. “It would provide mandate relief for the counties and also insure adequate defense for the clients.”
State Assemblywoman Addie A.E. Jenne, D-Theresa, noted the state Assembly’s one-house budget modifies the executive budget and calls for the extension of the provisions of the Hurrell-Herring settlement.
“Our one-house budget calls for the state to phase in over a period of seven years the state picking up the of local costs related to public defense services in criminal cases beginning in 2018. It is clear that we need to provide mandate relief in this area in a move that will also provide more equity in our state’s criminal justice system services,” she said.
“I have been a strong supporter of this legislation from day one. We know the cost of indigent defense is most onerous on our state’s poorest counties, including St. Lawrence and Jefferson counties. The current system punishes our poorest counties since they have the highest percentage of defendants receiving indigent defense services,” Ms. Jenne said.
“State funding of the indigent defense program will ensure defendants from all economic backgrounds have effective representation. It remains an issue of fairness. It will 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.“We saw the strong bipartisan support for this legislation last year, and it is time to put it in the budget.”
State Sen. Patricia A. Ritchie, R-Heuvelton, said providing mandate relief is a priority for her, which is why she was a prime sponsor of legislation that would require the state to absorb the full cost of state-mandated legal services for the poor — which would have saved Jefferson, Oswego and St. Lawrence Counties nearly $6 million per year, when fully effective.
“Indigent defense places a significant financial burden on the counties I represent and others across the state,” she said. “Relieving counties of this financial strain continues to be a priority for me, and in the Senate’s one-house budget, we are taking steps toward achieving that goal.”