New York Law Journal January 30, 2006 Monday SECTION: NEWS; Pg. 1 Vol. 235 LENGTH: 1001 words HEADLINE: Kaye Says Panel Backs Funded Statewide Plan to Represent Indigents; News; State Bar Resolution; Other Proposals BYLINE: JOHN CAHER BODY: By JOHN CAHER CHIEF JUDGE Judith S. Kaye said Friday that a special commission is on the brink of recommending a publicly funded, statewide indigent criminal defense system--a dramatic and potentially revolutionary prospect. The chief judge, in a preview of the State of the Judiciary address she will deliver Feb. 6 in Albany, told the New York State Bar Association that the commission she appointed in 2004 to conduct a top-to-bottom review of the criminal defense system has voted unanimously to recommend a unified state system. Moments later, the state bar's House of Delegates unanimously called for statewide oversight of the existing, balkanized system, as well as a bar summit to be convened after Chief Judge Kaye's Commission on the Future of Indigent Defense releases its report. The timing of the two events--the chief judge's announcement and the action by the House of Delegates--was coincidental. Friday's vote marked the first time that the state bar as a whole had called for statewide oversight. Significantly, the panel that drafted the proposal, Vincent E. Doyle's Special Committee to Ensure Quality of Mandated Representation, is comprised largely of service providers--meaning the providers themselves see a need for uniform standards. Ironically, the state bar's action and the chief judge's announcement are largely the result of a successful effort by both to increase assigned counsel rates. After 17 years and relentless lobbying by the bar and the judiciary, the state Legislature increased the rates in 2004. But since the bulk of those fees are paid by counties and the Legislature only partially offsets the increased costs, counties established a variety of systems in an attempt to give them greater control over potentially budget-busting costs. There are now dozens of systems throughout the state, with little consistency and virtually no centralized oversight. Chief Judge Kaye on May 2004 created a commission, co-chaired by Judge Burton B. Roberts and Professor William E. Hellerstein of Brooklyn Law School. The results of its work will be released shortly, the chief judge said to the bar. "I will tell you that it is the recommendation, the unanimous recommendation, of that commission that there be a single, statewide, state-funded system for the delivery of indigent defense services," she said. Mr. Doyle, of Connors & Vilardo in Buffalo, said the "earth-shattering" announcement caught everyone by surprise--pleasant surprise. He said it is now essential that the organized bar play a vital role if, as expected, Chief Judge Kaye's commission calls for a statewide system and the judiciary adds that recommendation to its legislative agenda. State Bar Resolution The report and recommendations of Mr. Doyle's committee amount to a follow-up on the adoption of standards last year for indigent representation. The House of Delegates endorsed what Mr. Doyle described as the next step in the effort to ensure that indigent defendants receive quality and consistent representation in the different regions of the state. Under the measure approved Friday, the state bar will: publicize the standards by conveying them to providers of mandated representation, judges, local officials, state lawmakers, law schools and others; create an award to recognize providers who offer top-quality services or develop innovative means of delivering those services; advocate for the creation of an independent oversight mechanism; direct its lobbying arm to monitor legislative developments so the organization can promptly respond; appoint a committee to study the feasibility of providing training; and plan a summit to be convened after the Roberts-Hellerstein commission releases its report. It is the "responsibility of our profession to ensure that meaningful, effective and high-quality representation is provided to those who cannot afford it but are in desperate need of it," Mr. Doyle said. "In many parts of our state, our profession is failing in this responsibility. ?It is not, I believe, for lack of good intention or lack of talent or motivation. It is a result of overwork, under funding and a?patchwork system of over 100 providers." Mr. Doyle said reform is a multi-front battle. He acknowledged that one of the key elements--statewide, publicly funded criminal defense and/or oversight--is dependent on the Legislature and the governor. However, he noted that most of the initial steps endorsed Friday can be taken by the profession itself. Norman L. Reimer, a partner at Gould Reimer Walsh Goffin Cohn and president of the New York County Lawyers' Association, said the state bar's action is historic. "For the first time--and this is the most critical aspect of it all--the mainstream of the bar, not the criminal defense bar, but the entire bar, [is] speaking with one voice and saying, 'It is time to fix this situation. It is time to address this crisis,'" he said. "It may be a long time before we get it done, but we've got to start and we've got to start today." Other Proposals Chief Judge Kaye also said that during her State of the Judiciary message she will: ? Continue to stress the need for judicial pay hikes as the top priority of the judiciary this year. ? "Go local" in her efforts to increase pro bono services by enlisting judges and lawyers in each judicial district to monitor local efforts and compliance. She also suggested there will be a heightened effort to tap often under-utilized resources, such as in-house, corporate and government counsel. ? Announce the creation of a Center for Courts and the Community to facilitate communications between the judicial system and educational and media institutions. ? Discuss reports of commissions examining indigent defense, matrimonial law, fiduciary appointments, solo and small firm practice and judicial selection. ? Announce the formation of focus groups to examine problems such as litigation delays and suggest further improvements in the jury system. -- John Caher can be reached at <p><img src="../../images/NYLJ-logo.gif" width="482" height="82"></p> <p> January 30, 2006</p> <p> Kaye Says Panel Backs Funded Statewide Plan to Represent Indigents<br> </p> <p>By JOHN CAHER</p> <p>CHIEF JUDGE Judith S. Kaye said Friday that a special commission is on the<br> brink of recommending a publicly funded, statewide indigent criminal defense<br> system--a dramatic and potentially revolutionary prospect.</p> <p>The chief judge, in a preview of the State of the Judiciary address she will<br> deliver Feb. 6 in Albany, told the New York State Bar Association that the<br> commission she appointed in 2004 to conduct a top-to-bottom review of the<br> criminal defense system has voted unanimously to recommend a unified state<br> system.</p> <p>Moments later, the state bar's House of Delegates unanimously called for<br> statewide oversight of the existing, balkanized system, as well as a bar summit<br> to be convened after Chief Judge Kaye's Commission on the Future of Indigent<br> Defense releases its report. The timing of the two events--the chief judge's<br> announcement and the action by the House of Delegates--was coincidental.</p> <p>Friday's vote marked the first time that the state bar as a whole had called<br> for statewide oversight. Significantly, the panel that drafted the proposal,<br> Vincent E. Doyle's Special Committee to Ensure Quality of Mandated<br> Representation, is comprised largely of service providers--meaning the providers<br> themselves see a need for uniform standards.</p> <p>Ironically, the state bar's action and the chief judge's announcement are<br> largely the result of a successful effort by both to increase assigned counsel<br> rates. After 17 years and relentless lobbying by the bar and the judiciary, the<br> state Legislature increased the rates in 2004.</p> <p>But since the bulk of those fees are paid by counties and the Legislature<br> only partially offsets the increased costs, counties established a variety of<br> systems in an attempt to give them greater control over potentially<br> budget-busting costs. There are now dozens of systems throughout the state, with<br> little consistency and virtually no centralized oversight.</p> <p>Chief Judge Kaye on May 2004 created a commission, co-chaired by Judge Burton<br> B. Roberts and Professor William E. Hellerstein of Brooklyn Law School. The<br> results of its work will be released shortly, the chief judge said to the bar.</p> <p>"I will tell you that it is the recommendation, the unanimous recommendation,<br> of that commission that there be a single, statewide, state-funded system for<br> the delivery of indigent defense services," she said.</p> <p>Mr. Doyle, of Connors and Vilardo in Buffalo, said the "earth-shattering"<br> announcement caught everyone by surprise--pleasant surprise. He said it is now<br> essential that the organized bar play a vital role if, as expected, Chief Judge<br> Kaye's commission calls for a statewide system and the judiciary adds that<br> recommendation to its legislative agenda.</p> <p>State Bar Resolution</p> <p>The report and recommendations of Mr. Doyle's committee amount to a follow-up<br> on the adoption of standards last year for indigent representation. The House of<br> Delegates endorsed what Mr. Doyle described as the next step in the effort to<br> ensure that indigent defendants receive quality and consistent representation in<br> the different regions of the state.</p> <p>Under the measure approved Friday, the state bar will: publicize the<br> standards by conveying them to providers of mandated representation, judges,<br> local officials, state lawmakers, law schools and others; create an award to<br> recognize providers who offer top-quality services or develop innovative means<br> of delivering those services; advocate for the creation of an independent<br> oversight mechanism; direct its lobbying arm to monitor legislative developments<br> so the organization can promptly respond; appoint a committee to study the<br> feasibility of providing training; and plan a summit to be convened after the<br> Roberts-Hellerstein commission releases its report.</p> <p>It is the "responsibility of our profession to ensure that meaningful,<br> effective and high-quality representation is provided to those who cannot afford<br> it but are in desperate need of it," Mr. Doyle said. "In many parts of our<br> state, our profession is failing in this responsibility. ?It is not, I believe,<br> for lack of good intention or lack of talent or motivation. It is a result of<br> overwork, under funding and a?patchwork system of over 100 providers."</p> <p>Mr. Doyle said reform is a multi-front battle. He acknowledged that one of<br> the key elements--statewide, publicly funded criminal defense and/or<br> oversight--is dependent on the Legislature and the governor. However, he noted<br> that most of the initial steps endorsed Friday can be taken by the profession<br> itself.</p> <p>Norman L. Reimer, a partner at Gould Reimer Walsh Goffin Cohn and president<br> of the New York County Lawyers' Association, said the state bar's action is<br> historic.</p> <p>"For the first time--and this is the most critical aspect of it all--the<br> mainstream of the bar, not the criminal defense bar, but the entire bar, [is]<br> speaking with one voice and saying, 'It is time to fix this situation. It is<br> time to address this crisis,'" he said. "It may be a long time before we get it<br> done, but we've got to start and we've got to start today."</p> <p>Other Proposals</p> <p>Chief Judge Kaye also said that during her State of the Judiciary message she<br> will:</p> <ul> <li> Continue to stress the need for judicial pay hikes as the top priority of<br> the judiciary this year.<br> <br> </li> <li>"Go local" in her efforts to increase pro bono services by enlisting judges<br> and lawyers in each judicial district to monitor local efforts and compliance.<br> She also suggested there will be a heightened effort to tap often under-utilized<br> resources, such as in-house, corporate and government counsel.<br> <br> </li> <li> Announce the creation of a Center for Courts and the Community to<br> facilitate communications between the judicial system and educational and media<br> institutions.<br> <br> </li> <li> Discuss reports of commissions examining indigent defense, matrimonial law,<br> fiduciary appointments, solo and small firm practice and judicial selection.<br> <br> </li> <li>Announce the formation of focus groups to examine problems such as<br> litigation delays and suggest further improvements in the jury system.</li> </ul> <p> -- John Caher can be reached at jcaher@alm.com".</p> <p> </p> </body> </html>