Interim Report on the Status of New York City’s Assigned Counsel Plan

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REPORT

EXECUTIVE SUMMARY

The New York City Assigned Counsel Program (“ACP”) is responsible for providing counsel in criminal cases to over 24,000 New Yorkers every year who cannot otherwise afford a lawyer.^[1]  As such, the quality of its operation directly impacts whether New York City criminal courts dispense justice fairly and without regard to wealth.

Because of serious problems plaguing the ACP administration, eight local bar associations formed a task force to evaluate the program and recommend modifications.  The Joint Bar Associations’ Task Force on the New York City Assigned Counsel Plan (the “Task Force”) did not evaluate the performance of the individual panel members, who make up an indispensable component of the City’s public defense system, nor should its findings be interpreted as a reflection on the quality of panel members’ representation.  Instead, the Task Force conducted extensive fact-finding about the independence, funding, and staffing of the ACP.  The Task Force has concluded that the ACP administration’s lack of independence and inability to access funds prevent the ACP administration from meeting basic standards established by the State’s Office of Indigent Legal Services (“ILS”).  The ACP administration has not been able to access over $50 million in state funding earmarked for quality improvement.  As a result, the ACP administration is severely understaffed and fails to provide panel attorneys in the program with the full range of support to which they are entitled, thus hamstringing the provision of legal services to those in New York City who cannot afford it.  The Task Force’s preliminary conclusion is that the City must take immediate action to mitigate the funding and staffing crisis while simultaneously working collaboratively with the Task Force and ILS to move the ACP administration out of the Mayor’s Office of Criminal Justice (“MOCJ”) where it currently resides.

The first of two planned reports, this document provides an overview of the ACP, describes the current problems, and explains why there is an urgent need for reform.  The second report will make a recommendation for an ACP plan to implement the necessary reforms.^[2]

The Task Force includes ACP panel attorneys, ACP staff members, current and former staff of institutional public defense providers, family court panel members, ACP screening committee members, members of the county bar associations, and representatives of both the Appellate Division First and Second Departments.

TABLE OF CONTENTS

EXECUTIVE SUMMARY (1)

I. INTRODUCTION (2)

A. History (2)

B. ILS and ABA Standards (3)

C. Current Structure and Operation of the NYC ACP (4)

D. Formation of the Task Force, Composition, and Mandate (5)

E. Work of the Task Force (5)

II. THE ACP ADMINISTRATION REQUIRED SIGNIFICANT STRUCTURAL CHANGE TO FULFILL ITS MISSION (6)

A. MOCJ Has Not Accessed State Funding for the ACP Administration

III. THE REFUSAL TO ACCESS FUNDING IS A SIGNIFICANT BARRIER TO THE SUCCESS OF THE ACP ADMINISTRATION (7)

A. The ACP Lacks Sufficient Staffing (7)

B. The ACP Has Not Been Able to Properly Invest in the Growth and Development of Panel Attorneys (8)

1. 1. More Support for Panel Attorneys Would Improve the ACP’s Services (10)

C. Panel Attorneys Do Not Have Sufficient Access to Experts and Specialized Professionals (10)

D. MOCJ Has Failed to Provide the ACP with an Effective Case Management System (11)

E. The ACP Lacks Office Space and Basic Resources (12)

IV. THE ACP IS NOT SUFFICIENTLY INSULATED FROM THE JUDICIARY (13)

V. OTHER CONCERNS (14)

VI. THE TASK FORCE FOUND THAT PANEL ATTORNEYS THINK SOME ASPECTS OF THE ACP WORK WELL (14)

VII. CONCLUSION (15)

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