The New York Civil Liberties Union, testifying at a Joint Legislative Hearing on Governor Cuomo’s 2016-17 Public Protection Budget, will commend the governor for allocating funds for public defense reform. The funding will be provided to five counties in accordance with the terms of a settlement in Hurrell-Harring v. State of New York, brought by the NYCLU and Schulte Roth & Zabel LLP.

“By following through with its promises to improve public defense in five counties, the state makes a commitment to upholding values of fairness and justice,” said Donna Lieberman, executive director of the NYCLU. “These desperately needed reforms should apply across the state. Justice shouldn’t depend on how much money you have nor what county you live in.”

In 1963 the U.S. Supreme Court ruled that the state must provide a competent lawyer to people facing criminal charges who are too poor to hire one. However, New York State passed this responsibility to the counties, creating a patchwork of public defense programs which are for the most part dysfunctional and underfunded. As a result, poor New Yorkers who are charged with crimes often have to appear in court without a lawyer by their side, or with a public defense attorney who lacks the training or resources necessary to provide a meaningful defense.

In its testimony, the NYCLU commends the governor for his commitment to implementing the Hurrell-Harring settlement, but urges that the governor and lawmakers not forget about poor New Yorkers in the rest of its counties. The testimony endorses legislation sponsored by Sen. John De Francisco and Assembly Member Patricia Fahy that would shift to the state – incrementally, over four years – financial responsibility for public defense services.

“Passing statewide public defense should be New York’s priority,” said NYCLU Senior Staff Attorney Mariko Hirose, who will present testimony at the hearing. “The failure of public defense is a statewide problem that calls for a statewide solution.”