Chief Defenders Association of NY CDANY News

CDANY 2025 Budget Priorities

Jennifer Van Ort — Thu, 10 Apr 2025 15:38:39 GMT

CDANY's membership are direct providers of legal services with experience derived from a street level understanding of the law and how it operates, impacts and often subjugates our clients, They have a unique perspective to bring to legislative advocacy in New York. As such, CDANY is pleased to present its

Legislative Priorities 2025: Building True Community Safety: Indigent Defenders on the Frontline of Ending the Revolving Door of Criminal Legal and Family Court Systems.

Please click here for PDF document.

CDANY Statement on New Law to Increase Number of Family Court and Civil Judges

Jennifer Van Ort — Fri, 19 Jul 2024 23:52:43 GMT

Chief Defenders Association of New York
Statement on New Law to Increase Number of
Family Court and Civil Judges

(Albany, NY) – Clare J. Degnan, President of the Chief Defenders Association of New York (CDANY) released the following statement in response to Governor Kathy Hochul signing into law S.9839/A.10540, which will expand the number of family court and civil judges appointed and elected statewide:

“New York State’s family and civil courts handle matters that have tremendous impact on New York families. No family separated by the foster system should remain separated because of court delays and case backlogs. This legislation is a critical step towards relieving court delays and ensuring cases can be heard in a timely manner. We thank Senator Hoylman-Sigal and Assemblymember Dais for sponsoring this bill and Governor Hochul for promptly signing it into law. We urge Albany to take action next session to properly fund family court attorneys to ensure New York families get the high-quality representation they deserve.”

Public Defender Offices Sign Letter Opposing Rollbacks to Discovery

Jennifer Van Ort — Thu, 27 Apr 2023 02:19:31 GMT

On Wednesday, April 26, 2023, over 50 Public Defender offices and agencies from across NYS sent a letter opposing rollbacks to discovery laws. Read more below:

Full Letter (PDF)

Gotham Gazette Opinion: New York Can’t Put the Blindfold Back On: Legislature Must Reject Rollbacks to State Discovery Laws

Jennifer Van Ort — Mon, 24 Apr 2023 18:18:27 GMT

Gotham Gazette Opinion:

New York Can’t Put the Blindfold Back On: Legislature Must Reject Rollbacks to State Discovery Laws

by NYSACDL President Yung-Mi Lee & CDANY Mark Funk

April 24, 2023

From the Article:

One thing is clear: prosecutors and defenders acknowledge that for the discovery system to function as intended, more resources are needed for both sides. In 2022, we all met with Governor Hochul’s office to discuss solutions to a growing backlog of cases caused by the pandemic, and we agreed that more funding was needed for staffing and technology to collect, store, share, and review digital evidence.

Police and prosecutors also must agree to a uniform digital transfer system so that DAs aren’t gathering the evidence piece by piece from individual officers, delaying discovery. The refusal or inability to share files between police and prosecutors is no reason to overturn the law.

Despite our agreed-upon solution, prosecutors have suddenly pointed to a supposed increase in dismissals, citing their inability to comply with discovery as the primary cause. This is untrue. The current law has many “safety-valves” when DAs cannot fully comply with the law: DAs simply need to show that they started requesting the information early and that they did so more than once. Worth noting: their data is incomplete because the reasons for dismissals weren’t accurately tracked until the spring of 2022. It is also clear that the lengthy pandemic affected case outcomes, resulting in dismissals as a way to reduce the backlogs.

Fulfilling the promise of a fairer criminal legal system requires firm commitment to the 2019 landmark law — not a retreat from it that will absolve prosecutors of their obligations and have devastating consequences for people awaiting trial. We urge state legislators to resist the governor’s and prosecutors’ attempt to weaken our discovery laws. Justice depends on it.

Public Defenders Call on the Legislature to Hold the Line on Discovery Reform – These So-Called Tweaks Would be Devastating

Jennifer Van Ort — Sat, 22 Apr 2023 18:15:52 GMT

Public Defenders Call on the Legislature to Hold the Line on Discovery Reform – These So-Called Tweaks Would be Devastating

The Chief Defenders Association of New York issued the following statement of Past-President Laurette Mulry:

“New York is looking to take a dramatic step backwards in terms of justice reform, effectively denying thousands of New Yorkers statewide the right to review the evidence against them because New York City prosecutors think disclosure is too burdensome.

Governor Hochul and Albany insiders are trying to sell these rollbacks as tweaks - but don’t be fooled. The proposed rollbacks would eviscerate all of our hard work to bring New York’s law in line with the rest of the country.

New York used to have one of the most draconian and unfair criminal legal systems in the nation. Prosecutors were allowed to withhold evidence until the eve of trial, giving defense attorneys little time to prepare and forcing New Yorkers into taking plea deals without knowing the full scope of evidence against them. As a result, New York is third in the nation in terms of wrongful convictions.

That changed in 2019, when bold reforms to the discovery process were passed and definitive time limits were set for prosecutors to submit their case to the defense. These changes truly balanced the scales of justice. Now the legislature appears poised to roll these reforms back, caving to political threats from city prosecutors who should have been turning this evidence over for decades, as is the case in nearly every other state in the country.

Discovery reform is working in most of the state - but more resources are needed across the board. CDANY agrees that DA’s should receive more funding to achieve the ideals of discovery reform, and to address a backlog of cases in an overburdened court system. Defenders should likewise receive additional funding to review and meet reciprocal demands of discovery.

We can’t return to an antiquated system where accused people are denied evidence and their attorneys are flying blind until the last possible moment. Lady Justice wears a blindfold, but now Governor Hochul is trying to blindfold us.

CDANY Statement RE: Rumored Gutting of New York’s Discovery Laws

Jennifer Van Ort — Wed, 12 Apr 2023 16:11:13 GMT

In response to the rumored gutting of New York’s discovery laws, the Chief Defender Association of New York (CDANY) issued the following statement:

We are appalled but not particularly surprised to learn that certain district attorneys have waged a covert and duplicitous whisper campaign to effectively gut the historic, wildly successful discovery reforms passed in 2019.

These reforms were badly needed. Under the previous “blindfold discovery” regime, New Yorkers accused of crimes were forced to defend their cases in the dark and all too often, forced into coercive plea bargains with barely any knowledge of the evidence in the case. Unsurprisingly, under this regime, New York’s wrongful conviction rates soared to the third highest in the entire country. At long last, the 2019 discovery reforms took New York’s discovery practice into the 21st century and in step with 47 other states in our country.

To be clear, prosecutors have never been fans of these reforms. Our new system of transparency and fairness curtailed District Attorneys’ control of the criminal proceedings and ability to leverage pleas. Now, all discovery, including exculpatory evidence, is required to be turned over well in advance of trial. This means that individuals accused of crimes can fairly defend themselves, and are finally able to make life-changing decisions about whether to take a plea or go to trial equipped with all of the pertinent information. As defenders practicing across the state can attest, the impact has been transformative.

Indeed, implementing these reforms has required hard work from all stakeholders. Prosecutors complain that the burdens imposed by the 2019 reforms have overwhelmed their resources and capacity. We don’t disagree that it has been a challenge, as fairness always is. The change in law has required new technology, the creation of new workflow systems, and additional staff. That is why we have always supported the prosecutors’ campaign for more funding, resources and technology, just as they have supported ours.

Public Defenders Call on the Legislature to Hold the Line on Bail Reform – We Can’t Go Backwards

Jennifer Van Ort — Tue, 04 Apr 2023 18:46:28 GMT

Public Defenders Call on the Legislature to Hold the Line on Bail Reform –
We Can’t Go Backwards

(Albany, NY) – The Chief Defenders Association of New York issued the following statement of President Mark Funk:

“Governor Hochul is holding up the state budget to inflict crippling bail reform rollbacks – at the expense of every other policy issue in the state.

The Governor insists on rollbacks that would result in more low-income people deprived of their liberty pretrial, despite clear and overwhelming data that bail reform is working.

Rather than beginning budget negotiations by focusing on solutions that actually work to make our communities safer, like affordable housing, expanding access to mental healthcare and drug treatment, sealing of criminal records, and investments in quality legal representation, she is doubling down on the failed policy of mass incarceration. We can’t go backwards.

The Chief Defenders Association of New York is deeply grateful for the tireless advocacy by our legislative allies in the State Senate and Assembly who are holding the line against harmful rollbacks to bail or discovery reform. New York’s Chief Defenders stand with you.”

Defender Advocacy Day News Coverage

Jennifer Van Ort — Fri, 24 Mar 2023 15:26:17 GMT

On March 22, 2023, CDANY joined the New York State Association of Criminal Defense Lawyers and the New York State Defenders Association in Albany for a Defender Advocacy Day focused on important items in the NYS Budget. Please see news coverage below:

New York Law Journal: Public Defenders Take Push for Funding to NY Capitol and Albany Courthouse

Advocacy for investment in public defenders took place on two fronts in Albany, with a court hearing and Capitol rally.

Brian Lee

Times Union: Public defenders urge Legislature, Hochul to move on first pay raise in 18 years

Attorneys who represent low-income clients and children face mounting caseloads and a depleted workforce. A significant pay raise could change that, they say.

Raga Justin

CDANY Marks The 60th Anniversary of Gideon v. Wainwright

Jennifer Van Ort — Fri, 17 Mar 2023 15:41:10 GMT

CDANY Marks The 60th Anniversary of Gideon v. Wainwright

March 18 marks the 60th Anniversary of the landmark United States Supreme Court decision of Gideon v. Wainwright, which created the right to an attorney for poor people who are accused of a crime. As we mark this anniversary, the Chief Defender’s Association of New York wishes we could be celebrating New York’s well-funded, fair criminal justice system. But, the reality is no cause for celebration.

Sixty years after Gideon, New York’s commitment to public defense and a fair and just legal system is still lackluster at best. New York State only started providing some funding for indigent criminal defense as part of a settlement of a lawsuit that they vigorously fought against for seven years. For decades prior to this settlement, funding of this important state function was left solely to the 62 individual counties. And, the State still continues to deny its obligations. State funding is virtually nonexistent for parents in Family Court as well as dramatically underfunded for attorneys representing children. Currently, New York State is actively opposing three lawsuits that are seeking a raise in assigned counsel (18-b) rates for attorneys who represent poor people on an hourly basis -- rates that have not been raised in almost twenty years. This has resulted in a shortage of attorneys to take on cases in criminal and family matters, leaving the promise of Gideon an empty one in many counties and courts throughout New York.

In 2019, New York finally turned a corner with fundamentally fair changes in discovery practices, bail legislation and how we treat youth accused of crimes. Yet since then, fearmongers have been obsessed with undoing these much-needed and long-overdue changes that made our criminal legal system more fair. Rollbacks on these issues would be a mistake and would push New York’s criminal legal system further away from the principals espoused in Gideon.

Discovery is the process by which the district attorney shares the evidence gathered by police with defense counsel. Discovery is directly related to the promise of the Gideon ruling, justice for clients through meaningful representation by attorneys. Prior to 2020, people accused of crimes and their attorneys were forced to defend themselves without knowing what the evidence against them was until their trial started (or never if they accepted a plea bargain). New York’s discovery laws now ensure full and transparent sharing of police reports, scientific and video evidence and witness statements. This allows defense counsel adequate time to review and investigate their cases. In turn, attorneys can give their clients meaningful advice on such important decisions such as whether to plead guilty or go to trial. Even so, there is constant targeting of this law by prosecutors rather than simply complying with the mandate of the new law. We cannot go backwards on discovery reform, as it has genuinely reinforced the true meaning of Gideon, which is that without the advice of an attorney, an accused person cannot be guaranteed justice.

New York also cannot go backward on bail reform. The 2019 bail legislation has been a success. According to the Division of Criminal Justice Services and the Office of Court Administration, as well as a number of other sources, the percentage of people rearrested while out on bail has remained the same since the bail legislation took effect. No data supports the conclusion that fairness in bail is causing any uptick in crime. Changes to the bail laws has reduced needless incarceration, kept people employed and families together. Moreover, the improved bail laws are only beginning to impact the drastic racial disparities that exist in incarceration rates.

Sixty years after Gideon v. Wainwright, New York still has a long way to go to effectuate the underlying concept of that landmark decision, which is to make our criminal legal system fair and just. Too many people are under the impression that tough-on-crime policies and longer sentences make us safe. They don’t. Such policies are irreparably and unnecessarily damaging to communities by making it more difficult for people to obtain a job or reach their educational and personal potential. Low-income communities need more support services such as affordable day care, better health care, including access to mental health and substance abuse services, and more job skills training programs. We cannot afford to waste another sixty years to achieve a fair and just criminal legal system promised by Gideon.

CDANY Applauds NYS Assembly’s One House Bill Which Acknowledges The Important Work of Criminal Defense Attorneys

Jennifer Van Ort — Wed, 15 Mar 2023 19:48:58 GMT

CDANY Applauds NYS Assembly’s One House Bill Which Acknowledges
The Important Work of Criminal Defense Attorneys

The New York State Assembly’s budget proposal recognizes the importance of criminal defense attorneys in our criminal legal system. Mark Funk, President of the Chief Defenders Association of New York (CDANY), said “as we prepare to celebrate the Sixtieth Anniversary of Gideon v. Wainwright, the landmark right to counsel case, it is encouraging that the New York State Assembly recognizes the importance of criminal defense attorneys in New York. The Assembly’s proposal regarding an increase in assigned counsel (18-b) rates, rates that have not been raised in twenty years, recognizes the importance of quality representation for poor people.”

This rate increase, if adopted into the final budget, will increase the number and quality of attorneys who are willing to represent indigent clients in the criminal and Family Courts of the State of New York. With no pay raise for assigned attorneys in the past twenty years, many experienced, qualified attorneys have stopped accepting assigned cases. The smaller pool of attorneys and resulting higher caseloads affects the quality of representation poor people receive.

This rate increase will put our State closer to the promise of the Gideon decision, which is fair, just and equitable criminal legal system.

CDANY Applauds Senate One House Bill Which Acknowledges The Work of Criminal Defense Attorneys and Adds Funding for Discovery Reform

Jennifer Van Ort — Wed, 15 Mar 2023 19:13:04 GMT

CDANY Applauds Senate One House Bill Which Acknowledges
The Work of Criminal Defense Attorneys and Adds Funding for Discovery Reform

On Tuesday, March 14, Senator Stewart-Cousins released a Resolution in response to the 2023-2024 Executive Budget submission expressing the position of the New York State Senate relating to the 2023-2024 New York State Budget. Mark Funk, President of the Chief Defenders Association of New York (CDANY), an association of Chiefs of indigent defense providers and Public Defenders statewide, said “we greatly appreciate that the Senate recognizes the importance of the work of public defense institutions in New York State with the addition of $47 million to support Criminal Defender services, plus an added $40 million to support Discovery Reform for Criminal Defenders. This funding, if allocated in the final budget process, will go a long way to equal the playing field with prosecutors who received similar funding in the Governor’s proposed budget.”

These allocations will fund reciprocal responsibilities of prosecutors and defense attorneys to provide timely disclosure of evidence pursuant to discovery reform enacted in 2019. Prosecutors and defense attorneys alike have borne the brunt of increased workloads due to the new law. Both sides have suffered attrition and recruitment issues due to the stress of discovery obligations. Additional funding will enable these organizations on both sides of the criminal justice equation to hire more staff, including paralegals who have provided support in fulfilling discovery duties.

“As we prepare to celebrate the Sixtieth Anniversary of Gideon, the landmark right to counsel case, it is encouraging that public defenders in New York get this recognition,” said Funk. “It’s long overdue.”

CDANY President Quoted In NY Law Journal: Public Defenders Lobby for Funding Parity With Prosecutors

Jennifer Van Ort — Tue, 14 Mar 2023 19:36:26 GMT

On March 13, CDANY President Mark Funk was quoted in the New York Law Journal about Public Defense Funding, specifically about the need created by discovery reform.

Public Defenders Lobby for Funding Parity With Prosecutors - Brian Lee

PDs are asking Albany lawmakers for $132 million, which they say would mirror the allocations provided to the district attorneys this year and last year for which no funds were provided to the defense. They are planning to converge on the New York Capitol on March 22.

March 13, 2023

From The Article:

"Mark Funk, president of the Chief Defenders Association of New York, said discovery issues are more acute for public defenders.

'I’m not minimizing what the DAs have to do—they have to provide the information to us,” Funk said. “But we have to review it, and not only review it, but then review it with our clients and discuss it with them so they can make intelligent decisions regarding their case.'

'I think the burden is even more acute for us because we have to sit through those hours of body-cam footage or hours of surveillance videos and things like that,' he said."

Click Here for Full Article

CDANY President Mark Funk's Commentary In The Times Union

Jennifer Van Ort — Thu, 09 Mar 2023 14:55:02 GMT

On March 9, 2023, CDANY President Mark Funk's Important Commentary Was Published in the Times Union:

Commentary: Hochul’s justice system budget skimps on defense

Without more funding for public defenders, justice will remain out of reach for too many New Yorkers.

From the Commentary:

"Yes, the governor proposed nearly $100 million for district attorneys, an increase of $87 million over last year. But she allocated a comparatively paltry $7.5 million in “aid to defense” for public defenders. This follows $40 million provided to district attorneys last year that was likewise unmatched for public defenders. The budget also increased the hourly rate for “18-b” attorneys (private attorneys that accept cases on an ad hoc basis) but failed to fund the proposed long-needed raise, leaving it to the counties to foot the bill."

Click Here To Read The Full Commentary

CDANY Sends Letter To Gov Hochul Supporting Bill Modernizing the Definition of Mental Illness in the NYS Correction Law

Jennifer Van Ort — Wed, 14 Dec 2022 17:43:34 GMT

CDANY has sent a letter to Governor Kathy Hochul urging her to sign S.2144/A.2441, which has passed both houses of the legislature. The bill would modernize the definition of mental illness in the NYS Correction Law.

S.2144/A.2441 would replace the outdated definition of “serious mental illness” in the Correction Law, instead tying it to the definition of the term in Mental Hygiene Law § 1.03(52) which flexibly relies on the “most recent version” of the DSM.

The Mental Hygiene Law defines a person with serious mental illness as “individuals who meet criteria established by the commissioner of mental health, which shall include persons who are in psychiatric crisis, or persons who have a designated diagnosis of mental illness under the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders and whose severity and duration of mental illness results in substantial functional disability. Persons with serious mental illness shall include children and adolescents with serious emotional disturbances.” § 1.03(52).

Read the full letter here (PDF).

CDANY Joins NYSDA on Letter To Gov Hochul Regarding The Slate of Nominees for the Chief Judge Vacancy

Jennifer Van Ort — Wed, 14 Dec 2022 15:48:11 GMT

On Monday, December 12th, CDANY joined NYSDA on a letter to Governor Kathy Hochul regarding the slate of nominees for the NYS Court of Appeals Chief Judge vacancy. Together, they respectfully requested of Gov Hochul that she appoint one of the two candidates who best exemplify the diversity and strength of our state - either Corey L. Stoughton or Hon. Edwina G. Richardson-Mendelson, stating either would “reinforce public trust and confidence in the fairness of the justice system and the administration of justice.”

Click Here For Full Letter (PDF)

CDANY President Mark Funk Comments On Veto Of Court Notifications Bill

Jennifer Van Ort — Wed, 14 Dec 2022 15:40:09 GMT

In June the Court Notifications Bill (S2903A) that strengthens immigrants’ right to receive advice about consequences of criminal convictions & pleas passed. Friday, Governor Kathy Hochul undermined this with a veto. CDANY Pres Mark Funk commented here: bit.ly/3YAoi6r

CDANY Response to Albany DA David Soares Unfounded Attack on Raise The Age Legislation

Jennifer Van Ort — Thu, 01 Dec 2022 17:16:22 GMT

CDANY Response to Albany DA David Soares
Unfounded Attack on Raise The Age Legislation

ALBANY COUNTY, NY – On Wednesday, Albany County DA David Soares bizarrely claimed the State should roll back the historic Raise the Age legislation because of a lack of investments for criminal legal system-involved youth. In response, Mark Funk, President of the Chief Defenders Association of New York released the following statement:

“CDANY refutes DA Soares’ baseless assertion that there is a correlation between the Raise the Age legislation and a recent alleged carjacking in Albany County. His fearmongering is not grounded in the data or the science. Indeed, New York was the last state in the nation to raise the age of criminal responsibility, only after the rest of the country proved that raising the age benefited youth, families, and community safety. The data is clear: treating kids like kids is most effective at preventing future recidivism and is the only humane and just approach. To now claim that Raise the Age created a "removal of penalties" that makes teens believe unlawful or violent acts have been "legalized" is a nonsensical misrepresentation of these reforms for calculated political gain. Enough. District Attorneys like Mr. Soares must stop trying to tear down these reforms. Instead, he should pitch in to help treat the root causes of violence which have nothing to do with raising the age and everything to do with increasing the investments in programs that can meaningfully impact system-involved youth. Youth need safe housing, access to quality education, job training, summer youth employment, and mentorship opportunities. It’s time to tell New Yorkers the truth: The safest communities have the most resources, not the highest jail populations.”

Click Here For PDF Statement

CDANY Sends Gov Hochul Letter In Support Of Parental Equity Act

Jennifer Van Ort — Mon, 28 Nov 2022 17:41:09 GMT

CDANY has sent a letter to Governor Kathy Hochul urging her to sign the Parental Equity Act, which has passed both houses of the legislature. The Parental Equity Act (S06389/A07347) is a straightforward fix to the unintended consequences of an antiquated statute that was written primarily to facilitate private adoptions at a time when unmarried fathers were assumed to be uninvolved in their children’s lives. It is time to modify the statute to recognize the important role that fathers play in the lives of children who enter the foster system, and to provide children and families the greatest opportunity to preserve their family bonds.

Read the full letter here. (PDF)

Announcing 5th Annual New York State Public Defenders Career Fair!

Jennifer Van Ort — Wed, 05 Oct 2022 13:07:54 GMT

Announcing The

5th Annual New York State Public Defenders Career Fair

Friday, November 4, 2022 from 1:00 – 5:00 pm EST

We are excited to welcome you to a robust virtual hiring experience using the Zoom platform.

Registration and details at

https://www.law.buffalo.edu/cso/public-defender-career-fair.html

Participation is free. Registration deadline is Wednesday, October 19, 2022.

CDANY Joins Letter Regarding the Nomination for New York State's Chief Judge

Jennifer Van Ort — Wed, 28 Sep 2022 19:25:10 GMT

On September 21, 2022, CDANY joined the New York State Defenders Association on a letter to the Commission on Judicial Nomination regarding the Nomination for New York State’s Chief Judge.

See below or click here for PDF.

CDANY Submits Comments on Adopting a New Section 205.19 of the Uniform Rules of the Family Court to Develop Uniform Standards of Eligibility for Assigned Counsel

Jennifer Van Ort — Tue, 02 Aug 2022 19:03:17 GMT

On Tuesday, August 2, 2022, CDANY sent a letter to the Office of Court Administration commenting on adopting a new section 205.19 of the Uniform Rules of the Family Court to develop uniform standards of eligibility for Assigned Counsel that would apply in all Family Court proceedings. Read letter here (PDF).

CDANY Submits Memo of Support for Requiring Consultation with Counsel Before Police Interrogate Children

Jennifer Van Ort — Mon, 02 May 2022 14:03:21 GMT

On April 29, 2022, CDANY submitted a memo of support requiring consultation with counsel before police interrogate children. Please see memo below or click here for PDF.

Memorandum of Support for Requiring Consultation with Counsel Before Police Interrogate Children (S.2800-B Bailey/A.5891-C Joyner)

The Chief Defenders Association of New York (CDANY) submits this memorandum calling for the legislature to pass S.2800-B/A.5891-C, to ensure that children’s Miranda rights are protected and minimize the risk of harm arising from false confessions. CDANY is a membership organization of the appointed Public Defenders, Conflict Defenders, Executive Directors of non-profit public defense offices and Administrators of Assigned Counsel Panels throughout New York State.

Current Law

The Netflix series “When They See Us”—a drama based on the prosecution of five innocent teens for a crime they did not commit—demonstrates the many ways in which the law fails to protect the rights of children when police seek to interrogate them. It has now been over three decades since the five teenagers were wrongly prosecuted. Still, New York law continues to fail to protect children under the age of 18. California and the state of Washington have passed laws to protect children in police custody by requiring a consultation with an attorney before a child may waive Miranda rights or be interrogated. New York State should afford children similar procedural safeguards. This is why the Chief Defenders Association of New York supports S.2800-B/A.5891-C, which amends procedures required for the custodial interrogation of children and for taking juveniles into custody to provide additional protections.

Under current New York law:

Police are allowed to interrogate a child without a parent or guardian present.
Police can lie to a youth in order to induce that youth to waive their right to remain silent.
Police are not required to allow a child to meet and talk with their parent or guardian before the police read the child their Miranda rights.
Police are not required to explain to the child and the child’s parent or guardian what it is the police want to question the youth about.
Police do not tell the child, parent and/or guardian that the child can stop answering questions any time the child chooses.
Even if present, a parent or guardian may be unable to protect their child’s right to remain silent because they do not understand the right either, the stress of their child’s situation renders them unable to think clearly, or they have conflicting interests.

90% of youth waive their Miranda rights. Thirty years of research by psychologists, sociologists, and neurologists make it clear that even under controlled circumstances, children lack the capacity to fully appreciate the meaning and significance of the right to remain silent, and to appreciate the almost certain repercussions of waiving that right. Add to that the stress and tension inherent in a custodial interrogation, and the prospect of an intelligent and voluntary waiver of the right to remain silent becomes a myth.

Research also demonstrates that the young people most likely to come into contact with law enforcement are those with the most limited capacity to understand their rights. While false confessions are just the tip of the iceberg when it comes to Miranda waivers, these are the same children who are most likely to say whatever they think will most immediately relieve them from the stress and pressure they are exposed to when being interrogated. The Exonerated Five highlighted in “When They See Us” were not an isolated case, but rather an example of what happens all too often. Empirical research also tells us that children are significantly more likely than adults to falsely confess to a crime, and that the presence of a parent or guardian does not result in fewer waivers of Miranda rights.

S.2800-B/A.5891-C is not intended to demonize law enforcement. While abuses may occur on a case by case basis, the greatest risk comes from the limited capacity of young people to adequately appreciate what is at stake even when the police do everything right. On top of this, we know that the children most likely to come into contact with law enforcement and the juvenile legal system are African-American and Latinx children from over-surveilled schools and communities. The result is a disproportionate number of Black and Latinx children interrogated by police without an attorney to help them decide whether to waive Miranda rights while their more affluent peers are protected by hired attorneys. For Black and Latinx children from low income communities, the protections of Miranda are illusory.

The Proposed Legislation

S.2800-B/A.5891-C would provide the needed protection. When police determine that interrogation of a child is necessary, this bill would require that a youth first consult with counsel before any questioning can take place. Consultation with counsel would be a non-waivable requirement that would exclude any statement taken in violation of the rule from being entered into evidence against the youth.

CDANY Statement RE: FY 2023 Budget: “Clients Used As Election Year Pawns”

Jennifer Van Ort — Tue, 12 Apr 2022 01:08:43 GMT

CDANY Statement RE: FY 2023 Budget:
“Clients Used As Election Year Pawns”

The public defense organizations that make up the Chief Defenders Association of New York (CDANY) collectively defend 400,000 New Yorkers in the criminal, family, and appellate courts of New York State every year. We are disappointed that our clients were used as election year pawns in New York’s FY 2023 budget.

We are disappointed that fear won out over the truth, leading to rollbacks of the necessary and much needed criminal justice reforms of just three years ago. Every objective analysis of the bail reforms of 2019 shows that it has been an unqualified success. The Governor, as well as Senate and Assembly leaders, acknowledged that bail reform was not responsible for the increase in crime that is occurring across the country. Despite this, the discussion surrounding bail, and the equally important discovery reforms, hijacked the budget process and were used by some for political gain. Our clients, the poor and marginalized communities of New York State, particularly communities of color, will suffer the most from these rollbacks.

CDANY is equally disappointed that the increase in compensation paid to Assigned Counsel attorneys was not included in the budget. These fees were last raised 19 years ago. Paying attorneys 2004 rates in 2022 ensures that the most qualified and experienced attorneys will not represent indigent clients in New York’s court system. This most recent slap in the face to assigned counsel programs ensures that New York is not fulfilling its constitutional obligation to provide meaningful, quality representation to indigent members of our community.

CDANY will continue to work with the Governor, the Legislature, and the public to ensure that future criminal justice policy is based upon facts, not fear. We will further fight to ensure that all New Yorkers, receive the best possible representation regardless of their socio-economic status.

Defenders Groups and Criminal Lawyers Associations Release Comprehensive Survey Detailing the Widespread Successes of Discovery Reform

Jennifer Van Ort — Wed, 30 Mar 2022 16:57:39 GMT

(NEW YORK, NY) - The Chief Defenders Association of New York (CDANY), New York State Defenders Association (NYSDA), New York State Association of Criminal Defense Lawyers (NYSACDL), and others released a comprehensive statewide survey today detailing the widespread successes of discovery reform, which was signed into law in 2019.

The survey results revealed that the vast majority of criminal defense attorneys across New York State believe that discovery reform has achieved the desired results and has positively impacted not only their ability to provide competent representation, but also the fairness of New York’s criminal justice system. Furthermore, these reforms were needed because New York’s previous criminal law discovery scheme, embodied in CPL Article 240, was considered by many to be one of the most regressive in the nation, one which deprived accused people of access to critical evidence required to make informed decisions during the pendency of a case.

On February 25, 2022, CDANY, NYSDA, and NYSACDL distributed the survey to their respective memberships, which include attorneys who engage in criminal defense representation for public defender offices or legal aid societies, attorneys who engage in criminal defense representation as part of an assigned counsel program (ACP), and attorneys who engage in criminal defense representation as a privately retained attorney, and received 509 unique completed survey responses.

According to the survey:

93 percent of respondents confirmed that their ability to evaluate cases and develop case strategies improved;

92 percent of respondents confirmed that, because of the early sharing of evidence and other critical information, their ability to investigate cases improved;

93 percent of respondents confirmed that discovery reform improved their ability to advise clients about the charges, the case against them, and whether to accept a plea offer;

79 percent of respondents confirmed that their ability to effectively communicate with clients, an essential part of developing the defense strategy, improved;

81 percent of respondents confirmed that their ability to negotiate with prosecutors improved;

77 percent of respondents confirmed that receiving discovery before preparing written motions improved their motion practice;

90 percent of respondents confirmed that their ability to prepare for evidentiary hearings and/or trial greatly improved; and

80 percent of respondents confirmed that discovery reform made criminal case proceedings more fair.

Some anecdotes from the survey that underscore the improvements resulting from discovery reform and the progress made towards fair representation include:

“I used to work as a defender in NJ which has open file discovery, and the Superior Court prosecutors there had no issue collecting discovery from dozens of municipal police departments and handing it over to the defense within 5 days of arrest.”

“I am a former prosecutor and have been doing defense work for over 20 years since. This discovery change has been monumental in basic fundamental fairness. In the past, discovery was withheld until the last minute on criminal cases where a client’s liberty or freedom was a risk, yet in civil cases - disputes over money - discovery was provided well in advance of trial. Thank you for eliminating the antiquated unfair discovery procedures of the past.”

“Having worked for several years in a jurisdiction with open discovery (FL) prior to working in NY State, I was shocked, appalled, and horrified that discovery was not available to criminal defendants. It is impossible to have a fair proceeding, effectively negotiate, or advise clients without open and available discovery. It boggles my mind that it was allowed to go on for so long in NY….. Clients don’t have to make decisions that will impact their lives significantly with zero information or go into a hearing or trial blindfolded. It is much better for judicial efficiency if everyone has the same information so appropriate pleas can be negotiated and appropriate cases taken to trial.”

“Seeing the evidence early on against my client has allowed me to effectively advise my client as to whether to testify before the Grand Jury, waive time to negotiate a pre-indictment plea, or whether to file motions or try to resolve a case…The amount of information we now can access, especially pre-indictment, is staggering compared to before discovery reform. I am now much more able to formulate defenses and better advise clients in plea negotiations.”

Leaders of CDANY, NYSDA, AND NYSACDL emphasized the importance of hearing from defense attorneys in every county in the state about the implementation and impact of the landmark discovery reform laws.

“This report offers an important reminder of why New York enacted comprehensive discovery reforms in 2019. Our old laws kept people in the dark about the evidence against them and resulted in wrongful convictions, pretrial delays, and unfairness. The new discovery laws have had a positive impact on the lives of New Yorkers around the state. Defense attorneys are able to provide meaningful advice to their clients, conduct informed investigations, file more specific and informed motions, and engage in meaningful negotiations. Current proposals couched as ‘tweaks’ to CPL article 245 will undermine the fundamental principles of discovery reform and will impede the strides made towards greater transparency and fairness in our criminal legal system. New York has taken the blindfold off and this report makes clear that we must never put it back on,” said Susan Bryant, Executive Director, New York State Defenders Association.

“For years, New Yorkers faced a system wherein the evidence against them largely remained in the hands of prosecutors until the time of trial, when it was too late to prepare a defense and the time for plea bargaining had passed. Discovery reform righted this inequity and brought balance to the system. The Report on the Impact of Discovery Implementation demonstrates the extent to which the representation of accused New Yorkers has transformed in just a short period of time. This came about because of the measured, thoughtful work of the New York Legislature in enacting these long overdue reforms. To now hastily upend them during the budget process under the guide of “minor adjustments” is untenable; it will reverse improvements that prevent wrongful convictions and promote fairness and confidence in the judicial system,” said Leanne Lapp, President, Chief Defenders Association of New York.

“The newly released ‘Report on the Impact of Discovery Implementation’ gives voice to the defense, often ignored by policymakers, about the benefits of early and complete discovery in criminal cases. By leveling the playing field, these reforms have mandated transparency and will guard against wrongful convictions. These reforms brought New York up to par with the rest of the country. These reforms have been landmark in their effect and amending them to any degree whatsoever would be a substantial miscarriage of justice,” said Kevin M. Stadelmaier, Esq, Aid to Indigent Prisoner’s Society/Erie County Assigned Counsel Program 1^st Deputy Defender-Criminal Division and Legislative Committee Chair, New York State Association of Criminal Defense Lawyers.

CDANY Joins NYSACDL & NYSDA In Sending a Memo in Support of an Increase in Assigned Counsel Fees

Jennifer Van Ort — Wed, 12 Jan 2022 00:58:31 GMT

Recently, CDANY joined NYSACDL & NYSDA in sending a memo of support for an increase in Assigned Counsel fees in New York.

In this memo, we respectfully requested that Section 722-b of County Law 18-b be amended as follows:

increase Assigned Counsel rates for 2022 to $120 per hour for misdemeanors and $150 per hour for felonies and other matters, for both in-court and out-of-court work.
add a provision that ensures an automatic annual cost of living rate increase.
payment for the increase in rates should be an expense absorbed by the State; with the counties continuing to pay their current share while the State pays the difference.
the statutory maximum amounts should be eliminated in order to encourage adequate time expenditure on individual cases.

Please click here to read the full memo.

CDANY & NYSDA Joint Letter To Gov Hochul RE: NYS Court of Appeals Vacancy

Jennifer Van Ort — Wed, 17 Nov 2021 15:35:36 GMT

On November 17th, CDANY joined with the New York State Defenders Association (NYSDA) to send a letter to Gov. Hochul regarding the slate of nominees for the Judge Eugene M. Fahey vacancy on the New York State Court of Appeals.

In particular, CDANY & NYSDA wrote to emphasize the importance of the life experience that judges bring with them to their judicial role, and to emphasize our request that Gov. Hochul selects a candidate with criminal defense experience.

Please click here to see the full letter (PDF).

Defender Organizations Issue Memo of Support for “Less Is More” Criminal Justice Reform

Jennifer Van Ort — Fri, 29 Oct 2021 15:15:07 GMT

CDANY, along with the New York State Association of Criminal Defense Lawyers (NYSACDL) and the New York State Defenders Association (NYSDA) issued the following Memo of Support for the "Less is More" Criminal Justice Reform.

(Click Here for PDF Version)

Memo Of Support

“Less Is More” Criminal Justice Reform

As the leaders of organizations that advocate for defense programs and individual attorneys that serve poor people and communities of color, we have read with dismay the articles in the media outlining the misinformation campaign directed towards Less is More. Once again, vital criminal justice reform is being mischaracterized by police officers, political candidates, and governmental officials in an attempt to scare our fellow citizens into supporting efforts to rollback needed reforms to our deeply flawed criminal justice system. Sadly, some in the media are all too willing to provide a forum for these actors, instead of offering an objective analysis of Less is More. The inaccurate, biased media coverage (largely parroting police talking points) has resulted in the public having an uninformed view of criminal justice reform, has led to pressure on the judiciary to incarcerate defendants (many of whom are People of Color), and contributed to the over-incarceration at Rikers Island.

Less is More remedied a parole system that imposed harsh and unnecessary punishment for minor violations of parole conditions (known as “technical violations”) unrelated to criminal conduct. Prior to the passage of Less is More, New York lead the nation in reincarcerating individuals for minor parole violations. Indeed, in 2019 of people on parole whom New York sent back to prison, over 85% were incarcerated for technical parole violations. A disproportionate number of these were People of Color; Black people are 5 times more likely and Latinx people are 30% more likely to be re-imprisoned for a technical parole violation than whites.

This needless incarceration not only harms individual lives and families without any proven public safety gains, but also drives up the population in state prisons and local jails, at significant cost. New York taxpayers spend more than $680 million annually to incarcerate people for technical parole violations.

Following the lead of dozens of other states that reformed their parole systems (including “red” states like Louisiana, Missouri, and South Carolina) a unique coalition of New York district attorneys, sheriffs, current and former corrections and law enforcement officials, faith communities, and nearly 300 community, faith, labor, and advocacy groups around the state developed Less is More to reduce incarceration while enhancing public safety.

Unfortunately, some are attempting to mischaracterize Less is More in an attempt to score political points, or push for the rollback of the criminal justice reforms that have begun to address systemic injustices in New York. They argue that Less is More will result in violent criminals being released from custody and imply that Less is More has resulted in the release of individuals accused of committing violent crimes. These arguments and implications are lies.

Despite what the public is being told by those who wish to return to our system of over-incarceration, Less is More will enhance public safety. Less is More does not release from custody any person who is accused of committing a crime. Less is More does not prevent people on parole for being punished for violating parole rules. Less is More still allows persons on parole who commit minor violations of their parole to be punished- but that punishment must now be proportional to the violation. Thanks to Less is More, we will no longer incarcerate people on parole for lengthy prison sentences for missing an appointment, or being late for their curfew, or other minor parole violations.

Instead, Less is More incentivizes successful completion of parole by providing “good time credit” to persons on parole who follow the rules. These times credits reduce their time of parole supervision. If they violate the rules, they may lose this good time credit, and for repeated violations they may be jailed for short periods of time. Importantly, Less is More does not interrupt a person’s attempts at successful reintegration by imposing draconian prison sentences for minor, non-criminal violation of parole rules. Thus, those who violate minor rules are still able to maintain employment, or attend educational or treatment programs, ensuring their successful reentry.

For decades New York enacted criminal justice policies that resulted in over-incarceration that has decimated poor communities and People of Color. Our parole system was replete with policies that contributed to this needless incarceration instead of providing the support needed by the formerly incarcerated to resume their lives as productive members of society. Thanks to Less is More, parole will no longer be a system designed to reincarcerate, but instead will advance its original mission to support the formerly incarcerated as they rejoin their communities.

Leanne Lapp, President

CDANY

Alice Fontier, President

NYSACDL

Susan Bryan, Executive Director

NYSDA

CDANY, NYSACDL & NYSDA Send Joint Letter To Commission on Judicial Nomination Regarding Judge Eugene M. Fahey Vacancy and Attorneys With Criminal Defense Experience

Jennifer Van Ort — Fri, 13 Aug 2021 19:41:02 GMT

On Friday, August 13, 2021, the Chief Defenders Association of New York (CDANY), the New York State Association of Criminal Defense Lawyers (NYSACDL), and the New York State Defenders Association (NYSDA) sent a letter to the Commission on Judicial Nomination regarding the slate of nominees for the Judge Eugene M. Fahey vacancy.

In the letter, CDANY, NYSACDL and NYSDA asked the Commission to exercise its authority to ensure that the slate of nominees it proposes is comprised of persons who will bring a much needed perspective to the Court of Appeals – attorneys with criminal defense experience who have demonstrated commitment to historically disenfranchised and impacted communities of color and a deep understanding of the systemic disparities that have long plagued poor people ensnared in the criminal legal system.

The letter was jointly signed by CDANY President Leanne Lapp, NYSACDL President Alice Fontier and NYSDA Executive Director Susan Bryant.

Please Click Here To Read The Letter (PDF)

Joint Press Release: Both Houses Pass Justice Equity Act or Qualified Agency Bill Granting Public Defenders Direct Access to Clients’ Rap Sheets

Jennifer Van Ort — Wed, 09 Jun 2021 18:03:08 GMT

Both Houses Pass Justice Equity Act or Qualified Agency Bill Granting Public Defenders Direct Access to Clients’ Rap Sheets

A Key Tool Needed to Confirm Expunged Marijuana Convictions Under MRTA

(Albany) Both houses of the State Legislature passed a long-standing criminal justice reform bill that provides all public defenders and assigned counsel with direct access to their clients’ criminal history records efficiency (S. 7073, Bailey and A. 7729, Peoples-Stokes). Currently, these providers must rely on district attorneys, police departments, and judges for access to their clients’ rap sheets, and in a number of counties they are denied access, such as Onondaga County.

Senator Jamaal Bailey said, "A fair and equitable justice system requires that public defenders and counsel have access to the proper resources needed to represent their clients. The passing of this bill creates a broader stroke of equity in our justice system. Instead of being steps behind, public defenders and legal aid societies will be in tandem with prosecutors by being granted automatic access to the criminal histories of their clients and being designated as ‘qualified agencies.’ As chair of the Codes Committee and sponsor of this bill, I am pleased that this bill passed both houses and that we will be a step closer towards equity and justice in our state."

Assembly Majority Leader Crystal Peoples-Stokes said, “The Justice Equity Act or Qualified Agency bill, provides defense attorneys with an important instrument to enhance justice and improve efficiency. It is a key tool to confirm expunged marijuana convictions under the MRTA law, and long overdue.”

Susan Bryant, Executive Director of the New York State Defenders Association (NYSDA), said, “Defense counsel cannot properly evaluate or investigate a case, assess a client’s eligibility for diversion or other programs, or determine the immigration consequences of their client’s case or the client’s predicate status without access to complete criminal history information. In 1990, the NYS Division of Criminal Justice Services (DCJS)* recommended such access. ‘Qualified agencies,’ as defined in Executive Law § 835(9), have access to criminal history information. This bill would add agencies and organizations that provide public defense representation and administrators of assigned counsel plans to the list of qualified agencies, so that those entities can enter into use and dissemination agreements with DCJS to access criminal history information.”

Kevin Stadelmaier, Chairperson of the New York State Association of Criminal Defense Lawyer’s (NYSACDL) Legislative Committee, stated “With the passage of the Marijuana Regulation and Taxation Act (MRTA) this year, it is imperative that this bill be passed into law to provided public defenders with an important tool. Allowing our attorneys to obtain their client’s criminal history report will assist in ensuring accuracy in the expungement of prior marijuana convictions. Additionally, timely access to criminal history reports assists in providing effective representation at all stages of a criminal matter; including pre-trial release applications, case investigation, plea negotiation, and sentencing advocacy. We urge the Governor to sign this essential legislation.”

Laurette Mulry, President of the Chief Defenders Association of New York (CDANY), said “We applaud the Senate and Assembly for passing this important bill which provides defenders direct and early access to criminal history reports. Delay in accessing this information slows the resolution of cases and causes court congestion. Direct public defense access to this necessary information will expedite proceedings and save county resources. Absent criminal history information, public defense lawyers cannot make effective pre-trial release applications, resulting in costly and unnecessary pretrial incarceration or supervision.”

Kathleen M. Dougherty, Executive Director of the Onondaga County Bar Assoc. Assigned Counsel Program, stated, “The Onondaga County Bar Assn. Assigned Counsel Program is especially grateful for the passage of the Qualified Agency bill by both Houses. We urge Governor Cuomo to sign the bill into law. Until now, we have not had direct access to rap sheets but instead have been compelled to rely on third parties to provide copies. As a result, access to our own clients’ rap sheets has been irregular at best. This bill’s expansion of the term “qualified agencies” to include indigent and public defense organizations allows us first-hand access and greatly improves our ability to fairly and diligently represent our clients at every stage of their cases.

Background: This bill passed the Assembly and Senate in 2019, and was unfortunately vetoed by the Governor, who stated in his Veto Message that existing law and the new discovery reform law provide access. However, defenders need direct and early access to criminal history reports, which is not afforded by the discovery reform and other laws. Since 1997, public defense providers that operate defender-based advocacy programs have been allowed access to the DCJS database to obtain the criminal history information of their own clients under Executive Law § 243(3).

*July 1990 DCJS’ Systems Improvements for Enhanced Community Safety (SIFECS) Public Defense State I Report

CDANY Calls on the State Legislature to Enact Key Criminal Legal System Reforms in Final Days of Session

Jennifer Van Ort — Wed, 02 Jun 2021 14:44:21 GMT

The Chief Defenders Association of New York Calls on the State Legislature to Enact Key Criminal Legal System Reforms in Final Days of Session

(Albany, NY) – The Chief Defenders Association of New York (CDANY) today called on state legislators and Governor Andrew Cuomo to prioritize and enact key criminal legal system reforms that would overhaul New York’s parole system, automatically clear eligible New Yorkers’ criminal record to end a cycle of perpetual punishment, and do away with harmful appeals waivers that deny defendants the opportunity to challenge injustices in the legal system.

Laurette Mulry, President of CDANY, said: “This legislative session, New York State stood up for New Yorkers impacted by the criminal legal system by enacting historic measures that limited the use of solitary confinement, ended marijuana prohibition, and repealed the Walking While Trans ban. We celebrate these tremendous victories on behalf of Black and Latinx New Yorkers who are disproportionately targeted and punished by the state’s criminal legal system, but we also recognize that there is much more to be done.

As president of the Chief Defenders Association of New York advocating for people facing loss of liberty, family separation and related consequences in the legal system, I implore the legislature to prioritize and pass these critical remaining criminal legal system bills that begin to address and undo the harm of system involvement. This set of legislation seeks to streamline and transform the appeals process; overhaul the parole system; and undo the lifelong consequences of a criminal conviction. As this session draws to a close, we urge our state government to take these crucial steps to continue its commitment to equality and justice.”

The Chief Defenders Association of New York calls on the New York State legislature to enact the following bills:

S1279 (Bailey)/A5689 (Cruz) - An Act to amend the criminal procedure law, in relation to streamlining the assignment of appellate counsel for indigent criminal defendants
S1281 (Bailey)/A5688 (Cruz) - An Act to amend the criminal procedure law, in relation to facilitating appellate review of rulings that implicate issues of public concern
S1280 (Bailey)/A5687 (Cruz) - An Act to amend the criminal procedure law, in relation to appellate review of the fairness and appropriateness of an imposed sentence
S15-A (Hoylman)/ A3475-A (De La Rosa) - Elder Parole - An act to amend the executive law, in relation to parole eligibility for incarcerated persons over age fifty-five who have already served 15 or more years
S1415-A (Rivera)/A4231A (Weprin) - Fair and Timely Parole - An act to amend the executive law, in relation to findings of the state board of parole necessary for discretionary release of incarcerated persons on parole
S1144 (Benjamin)/A5576 (Forrest) - Less is More - An act to amend the executive law and the penal law, in relation to revocation of community supervision
S1553A (Myrie)/A6399 (Cruz) - Clean Slate - An act to amend the criminal procedure law, the executive law and the correction law, in relation to automatic expungement of certain convictions

CDANY Releases Three Memos On Important Pending Legislation

Jennifer Van Ort — Fri, 30 Apr 2021 17:26:00 GMT

Today, CDANY released three memos of support for important pending legislation in New York State.

- Bills S1279/A5689; S1281/A5688; and S1280/A5687 that seek to uphold the important rights of criminal defendants pursuing appeals;

- Bill S.2888/A.2266 that seeks to raise the criminal mischief monetary threshold set in 1915; and

- The Clean Slate Legislation that would automatically clear conviction records for all New Yorkers who have successfully served their sentence.

CDANY Memo in Support: Legislation Enacting a Prohibition Against the Use of Chemical Agents by Police Against Children

Jennifer Van Ort — Tue, 02 Mar 2021 14:57:34 GMT

On Tuesday, March 2nd, CDANY issued a Memo in Support of Legislation Enacting a Prohibition Against the Use of Chemical Agents by Police Against Children, currently on the Senate and Assembly floors as S4002 (Brouk) / A5449 (Meeks).

From the Memo:

"The membership of the Chief Defenders Association of New York State (CDANY) observed with shock and horror as the above described weapon was recently utilized on a defenseless, handcuffed 9 year old girl by members of the Rochester Police Department. The child was experiencing a mental health crisis and was crying out for her father; she was being placed in a police car by several adult police officers. The use of pepper spray in this instance was completely inexcusable.

For this reason and to protect children in our communities in the future, CDANY submits this memorandum in support of S4002 (Brouk)/A5449 (Meeks). This Bill is a necessary and obvious first step in police reform, and CDANY urges its immediate passage."

Please see the full memo here.

CDANY Memo in Opposition to Permanent Virtual Arraignments

Jennifer Van Ort — Thu, 18 Feb 2021 18:44:39 GMT

On February 18, 2021, CDANY sent a memo to the New York State Legislature in opposition to permanent virtual arraignments. Please see the memo below and available via PDF here.

CDANY MEMORANDUM IN OPPOSITION TO
PERMANENT VIRTUAL ARRAIGNMENTS

Arraignments commence a criminal proceeding, making them one of the most important court appearances in a criminal case. Persons accused are notified of the substance of charges, enter a not guilty plea, are notified of orders of protection or loss of licensing privileges, and can face potential pre-conviction incarceration. In New York, arraignments have always been live appearances, in Court, with arraigning judges being required to assign counsel. The Hurrell-Harring settlement and statewide expansion provide funding for required in-person counsel at arraignment.

The Governor’s Executive Budget correctly points out that, under his leadership, New York Courts were able to quickly and successfully pivot to conducting arraignments in a virtual setting during the court system shutdown necessitated by the COVID crisis. This was a necessary step during a time of an unprecedented health crisis. Unfortunately, the Governor has also stated his intention to render essential in-person arraignments obsolete.

CDANY is calling on the legislature to protect the integrity of the judicial system by requiring that live arraignments return when courts are reopened.

Virtual arraignments deprive the accused of effective assistance of counsel. The personal appearance of counsel is necessary to develop an attorney-client relationship, to foster trust, and to privately obtain information necessary to enable zealous advocacy. Much critical communication is lost when using screens.

Empirical evidence demonstrates that virtual arraignments lead to worse outcomes for the accused. The virtual system proposed by Governor Cuomo was already tried in Cook County, Illinois, where an ill-fated televised arraignment protocol was implemented in 1999. A lawsuit ensued, alleging that the system was unconstitutional and denied arrestees both due process and effective counsel. Bail outcomes of virtual arraignments were studied as part of the lawsuit, revealing that bail was a staggering 51% higher than it had been before the televised system was implemented. Plaintiff’s counsel largely attributed the disparity to the inherent dehumanization of those appearing as defendants in a virtual setting.

Virtual arraignments devalue the Constitution and the integrity of the Court process. Chief Judge DiFiore affirmed that virtual arraignments were a temporary, emergency measure, as the law requires arraignments be conducted in person. Clients are constitutionally entitled to private, privileged conversations with counsel before and during court proceedings, which is not feasible in a virtual setting. A judge’s ability to gauge a defendant’s mental status and understanding of legal proceedings is also impeded. Also, virtual appearances lack necessary formality and decorum by their very nature.

Virtual arraignments exacerbate the divide between the rich and the poor, creating a Tale of Two Justice Systems: Poor people are far less likely to have access to the resources necessary to make virtual appearances adequate. Poor rural New Yorkers often do not have access to internet at all, and clients living in areas where internet is available may not be able to afford it. Many indigent clients do not have computers or smartphones. With a virtual system in place, a poverty divide is evident in the provision of legal representation--poor clients are more likely to have counsel assigned, and may be unable to meet their attorney until arraignment, whereas people with resources to retain can meet with attorneys beforehand. Therefore, rich clients are afforded attorney-client privilege and better informed advocacy, while poor individuals have impersonal representation, hampered by lack of time and proximity.

Virtual arraignments are less efficient. Pre-COVID, many individuals could be arraigned consecutively, in a single docket. Clients were interviewed privately prior to appearance, counsel assigned, cases heard by judges, and paperwork served and processed. In the virtual system, attorneys must wait for phone lines or virtual rooms to open before speaking to clients. Often, links do not work, or are sent incorrectly or to the wrong person. Internet connections fail, and programs crash. When multiple people speak simultaneously, speakers cannot be heard, making the record inaudible for court reporters and interpreters. Paperwork must be emailed, causing delay and issues with data storage. Clients cannot sign or be served orders of protection. This has culminated in arraignment calendars taking far longer per case than under old systems. The issue is even more pronounced in counties with Centralized Arraignment Parts in their jails, where deputy sheriffs are forced to act as IT professionals, court clerks, and courtroom security. During the COVID shutdown, there have been far fewer cases requiring arraignment; once courts are fully open, a virtual arraignment system would lead to increasingly bottlenecked calendars.

Virtual arraignments deprive the public of access to the Courts. The Public cannot walk in to a virtual courtroom, and links have to be carefully shared to avoid internet trolls. This results in family and friends being unable to attend arraignments to vouch that their loved one has a place to live, or will be supervised if released.

It is impossible to prevent recording of virtual proceedings. It is currently illegal to record court proceedings without a court order. This is simply impossible to police in the digital sphere, and could lead to permanent recordings on social media and elsewhere on the internet.

Public defense chiefs applaud approval of bill repealing the crime of “loitering for the purpose of engaging in prostitution”

Jennifer Van Ort — Wed, 03 Feb 2021 00:49:47 GMT

Albany, NY – The Chief Defenders Association of New York (CDANY) today commended state lawmakers and Governor Cuomo for approving legislation that would remove from the penal code a provision related to prostitution that has been routinely enforced in a manner that is discriminatory and without legal justification. (S1351/Hoylman; A3355/Paulin).

Laurette Mulry, president of CDANY said: “This bill would end the use of the penal code (Section 240.37) as a pretext for profiling and prosecuting women of color -- transgender women, in particular. In striking this provision from the law, the legislature serves justice and fairness.”

Penal Law Section 240.37 prohibits loitering for the purpose of engaging in a prostitution offense. Historically, this law has been used to arrest people for a range of lawful conduct, such as “repeatedly” waving at a person in a vehicle, wearing a skirt that a police officer deemed too short, or merely speaking with someone on the street. The overwhelming majority of those arrested for the offense have been women – most often women of color and transgender women.

Enforcement of the statute has led to intrusive searches of those targeted by its enforcement – a patently unconstitutional practice that has resulted in degrading and dehumanizing women of color, transgender women, non-binary people of color, and the trafficking victims these laws are meant to protect.

CDANY was created by a group of leaders of public defense organizations from across New York State. The organization advocates for those who administer mandated legal representation programs, as well as their staff and their clients, in an effort to bring positive change to the criminal justice system. CDANY called for repeal of the so-called “Walking While Trans” offense in its legislative reform agenda for 2021.

###

CDANY Joins Defender Groups in Call to Governor Cuomo to Sign the Driver’s License Suspension Reform Act

Jennifer Van Ort — Wed, 14 Oct 2020 20:40:09 GMT

Please see the statement below from the Chief Defenders Association of New York (CDANY), the New York State Association of Criminal Defense Lawyers (NYSACDL) and the New York State Defenders Association (NYSDA) calling on Governor Cuomo to sign the Driver’s License Suspension Reform Act.

Defender groups call on governor to sign

the Driver’s License Suspension Reform Act

A7463-B/S5348-B

The New York State Legislature has approved legislation that would prohibit the practice of suspending a driver’s license for failure to pay a fine or appear at a traffic court hearing.

The legislature rightly concluded that this policy is unjust, irrational, and racially discriminatory in its enforcement.

It is incumbent upon the governor to sign the bill into law.

People who have the money to pay a traffic fine will do so. Most people who fail to pay a fine or who do not appear at a hearing are not scofflaws, they simply cannot afford to pay the fine or to miss a day’s work in order to appear in traffic court. Suspending their driver’s license serves no public interest; this policy only increases financial pressure on the economically vulnerable.
The bill does not absolve from responsibility those who have been fined for violating a traffic rule, but simply allows terms of payment that are fair and reasonable.

Seventy-five percent of people whose license has been suspended continue to drive – out of necessity, in order to get to work or to meet the needs of family members. This legislation allows people to resolve a traffic infraction without putting at risk their employment or the well-being of family members – and without exposing themselves to further legal jeopardy by driving without a license.

Finally, this legislation speaks to an issue of racial and economic justice. Violations of the Vehicle and Traffic Law are enforced disproportionately against people of color. The financial impact of a traffic fine and the adverse consequences of losing a driver’s license are borne disproportionately by persons of color with limited financial resources.

In 2020, Gov. Cuomo and state lawmakers made a new commitment to addressing systemic racial inequities. If the governor is serious about dismantling structural obstacles to racial equity in the laws and policies of New York, he must put his signature to this legislation.

CDANY Condemns the Killing of Daniel Prude and Continues to Advocate for Actual Justice in our Justice System

Jennifer Van Ort — Fri, 04 Sep 2020 18:23:31 GMT

CDANY Condemns the Killing of Daniel Prude and
Continues to Advocate for Actual Justice in our Justice System

On Friday, September 4, 2020, the Chief Defenders Association of New York (CDANY) issued the following statement on the Killing of Daniel Prude:

“George Floyd. Breonna Taylor. Antiana Jefferson. Aura Rosser. Stephon Clark. Botham Jean. Many, many others.

And now Daniel Prude.

Once again, a Black person has been killed by a police officer. Once again, our “justice” system failed to ensure that those responsible face repercussions for the death of Mr. Prude and that the other police officers present face consequences for both their dehumanizing treatment of Mr. Prude, and their failure to intervene on his behalf. Daniel Prude needed help – instead of receiving help he was handcuffed, mocked, forced to wear a spithood, and forced to lie face-down on the freezing ground. While helpless, he was asphyxiated by police officers.

Like many others across our country, our members watched the video of the senseless killing of Daniel Prude at the hands of the Rochester Police Department with shock and horror, but sadly not with surprise. The members of CDANY are all too familiar with these brutal acts executed in the name of law enforcement against people of color in our community, and we knew we would be here again. We offer both our deepest condolences to the family of Daniel Prude, and a promise that we will continue to say his name as we advocate for justice for people of color in the justice system, work to end the practice of arresting those in mental health crisis, and stand with those in our community who are advocating for change.”

CDANY Statement RE: New York State Budget Compromise Criminal Justice Reform

Jennifer Van Ort — Thu, 02 Apr 2020 22:38:22 GMT

The New York State budget for fiscal year 2020-2021 includes provisions that compromise criminal justice reform legislation adopted in 2019. The Chief Defenders Association of New York issued the following statement regarding those budget measures that address state law governing bail practice and criminal discovery.

In 2019 lawmakers approved landmark criminal justice reforms that limited the state’s ability to jail people on the basis of an unproven allegation before adjudication of the charges against them; and required prosecutors to provide the accused, in a timely manner, all the evidence on which allegations of wrongdoing are based. These reforms were decades overdue. New York law governing bail and discovery were among the most harsh and unfair in the nation.

The 2019 reforms were based on principles of fairness and justice, and on the emerging body of criminal justice scholarship that demonstrates the grave harm caused to individuals, families and communities by overzealous policing and prosecution, which disproportionately targets those living in low-income communities of color.

The 2020/2021 budget violates those principles. The amendments to the criminal justice law will increase the numbers of individuals subject to pre-trial detention and will encourage prosecutors to evade their obligation to disclose evidence to those accused of a crime.

These budget measures are not based on principle or common sense, but rather on election-year maneuvering in service of a false narrative. This politicization of criminal justice reform will increase the public health risks created by the coronavirus pandemic. While local courts, defenders, prosecutors, police, mayors and corrections officials are working tirelessly to further reduce the jail population, the amendments to the bail law encourage incarceration rather than decarceration, at a time when cases are unable to proceed due to closed courts.

But for aggressive, principled advocacy, both inside and outside the Capitol building, the rollback of the 2019 reforms of the bail and discovery laws could have been more extensive.

The movement to promote systemic criminal justice reform will not be derailed. This effort is led by a committed, well informed community of social justice advocates, criminal justice lawyers and scholars, and public health experts. There are progressive allies in government who recognize that social justice requires comprehensive criminal justice reform.

The Chief Defenders Association of New York is a member of this community; the CDANY’s members are committed to advancing criminal justice law and policy that protects the constitutional rights and the health, safety and well-being of everyone in New York State.

Statement: NYS Defender Organizations Oppose Deeply Flawed Bail Proposal

Jennifer Van Ort — Wed, 01 Apr 2020 18:10:12 GMT

On April 1, CDANY joined with NYSACDL & NYSDA to issue the following statement regarding the last-minute Bail Proposal for the New York State Budget:

NYS DEFENDER ORGANIZATIONS OPPOSE UNCONSTITUTIONAL & DEEPLY FLAWED BAIL PROPOSAL WITH PRE-EMPTIVE JAILING BASED ON PREDICTIONS OF “DANGEROUSNESS” PROPOSAL

(Albany, NY) -- Today, the three statewide defender organizations, the Chief Defenders Association of New York (CDANY), the New York State Association of Criminal Defense Attorneys (NYSACDL), and the New York State Defenders Association (NYSDA), released the following statement in response to revelations of a bail bill proposed by Governor Andrew Cuomo and the New York State Senate:

“The governor’s proposal represents a radical departure from constitutional principles, sound public policy, and common sense. This bill would authorize a judge to jail a person on unproven charges based solely on speculation that person may be arrested in the future. The bill would dramatically increase the numbers of people held in jail prior to the adjudication of charges.

The bill is not merely a repeal of the bail reform laws the legislature approved in 2019, which have already significantly reduced the pre-trial jail population for low-level offenses. The governor’s proposal would reverse course and, instead, increase pre-trial incarceration rates and exacerbate the racial disparities that existed prior to the reforms.

The governor’s proposal will expand the number of people held in jails and prisons even as the coronavirus pandemic places those individuals at heightened risk of illness and death. To introduce this measure during a public health crisis is unconscionable. We are counting on members of the legislature who believe in justice and fairness to stop this bill from becoming law.”

BACKGROUND:

The Governor and Senate’s proposal would:

Replace cash bail with indefinite preventative detention (remand) with no possibility of release for most people, including people charged with misdemeanors, based on flight risk or a so-called “dangerousness” assessment

The bill repeals cash bail but greatly increases detention. Individuals who are remanded have no avenue for release as the due process provisions are eviscerated.

Creates new standard for pretrial detention based on a so-called “dangerousness” assessment

The bill broadens the standard for detention: “the least restrictive conditions that will reasonably assure the principal’s return to court or prevent the principal from committing a crime involving serious physical injury to another person based on the facts of the instant case.”
This language authorized judges to predict the future which inevitably invites implicit bias into our pretrial system: It allows judges to guess future “dangerousness.” This will undoubtedly lead to more racial disparities in our system.
This bill would eviscerate the presumption of innocence and will greatly increase the number of presumptively innocent people who are subject to pretrial detention.

Dramatically expands pretrial detention eligibility

This bill greatly expands the eligibility for indefinite preventative detention to include many more charges that are currently not bail eligible. This will increase pretrial detention rates across the State.

Allows remand in misdemeanor cases for the first time in New York’s history

The bill appears to create a new detention eligibility category for an undefined group of so-called “persistent offenders.” A person can become eligible for remand whenever they are released pre-trial on a class A misdemeanor involving alleged “harm to an identifiable person or property” and are arrested for a new alleged class A misdemeanor involving “harm to an identifiable person or property”. This provision is particularly problematic as it is subject to broad and unfettered interpretation. As we have seen in our state and in other states, this kind of authority results in indefinite pre-trial jailing for a broad category of people, especially those who suffer from mental illness, as well as others who are targeted by law enforcement. Again, this will result in mass incarceration of people of color.
Such a provision is even more regressive than our past bail laws; it would make huge numbers of people charged with misdemeanors subject to remand for the first time ever.

Violates due process for people facing remand

Prosecutors can move to detain people at arraignment pending a detention hearing without even a probable cause finding.
Judges can pre-determine guilt by evaluating the “weight of the evidence”. This provision flouts the presumption of innocence.
The defense is entitled to one subsequent hearing requesting release. After that, there must be a “substantial change in circumstances.” This provision, again, is regressive and curtails opportunities for review of arbitrary detention decisions.

CDANY Memo Supporting Leaving New York's Bail Laws Intact

Jennifer Van Ort — Tue, 31 Mar 2020 18:17:49 GMT

On March 31, 2020, CDANY sent this memo to the New York State Senate & Assembly urging them to leave New York's Bail Laws intact. View PDF here.

CDANY 2020 Membership Information Now Available!

Jennifer Van Ort — Tue, 07 Jan 2020 14:35:50 GMT

CDANY's 2020 Membership information is now available! We have changed our dues structure to reflect the budget sizes of New York State's indigent defense organizations. Please join us for 2020 and be a part of the important work CDANY does!

See more information here: https://cdany.wildapricot.org/Membership

CDANY Board Member N. Scott Banks Responds to Attacks on Bail Reform

Jennifer Van Ort — Tue, 17 Dec 2019 02:18:47 GMT

STATEMENT FROM N. SCOTT BANKS, ATTORNEY-IN-CHIEF OF THE LEGAL AID SOCIETY OF NASSAU COUNTY, ON ATTACKS AGAINST BAIL REFORM

(Albany, NY) - N. Scott Banks, Attorney-in-Chief of the Legal Aid Society of Nassau County, responded to attacks on the new bail law with the following statement:

“New York State has taken critical steps to reform our bail and discovery laws, making the criminal justice system fairer and more transparent, promoting community safety and saving taxpayers’ money in the future through reduced pre-trial detention. Far from radical, these reforms will simply grant defendants in poverty the same presumption of innocence that their wealthier counterparts always had and bring our evidence-sharing practices in line with the rest of the country. Tragically, naysayers like certain District Attorneys, who for decades rejected all pre-trial reform, continue to do everything in their power to subvert the will of lawmakers and the majority of New Yorkers in enacting these important changes. I urge them not to undermine the success of these important reforms and the confidence of the public in our system of criminal justice.”

Background:

New Yorkers across the state are regularly jailed pretrial due to poverty. This injustice is more common upstate and in other parts of New York State outside New York City. In 2018, bail was set in 42% of non-NYC cases and 25% of NYC cases. A total of approximately 15,000 people across the state are currently jailed pre-trial, or 59% of the total jail population. Statistics show that pre-trial detention negatively impacts public safety, denies equal justice, and wastes taxpayer funds.

Community Safety: Studies show that brief periods in pretrial detention can actually increase the likelihood that a person will be rearrested, likely because they worsen the root drivers of harm and crime: poverty, trauma, housing instability, unmet mental health and health needs and untreated substance use disorder. Decades of data and experience show us that decarceration can come with improved public safety.

Distortion of Justice: Statistics show that pre-trial detention distorts justice and contributes to mass incarceration by empowering the prosecutors to coerce guilty pleas, regardless of guilt or innocence. A summary of analyses included in a 2015 report by the VERA Institute of Justice found defendants jailed before trial were far more likely to accept harsher plea deals and receive prison or jail sentences. Of all those who receive prison and jail sentences, people who were incarcerated pre-trial received sentences that were, on average, two to three times longerthan those who were released pending trial. The Bureau of Justice Assistance, a division of the U.S. Department of Justice, has found that “[t]hose who are taken into custody are more likely to accept a plea and are less likely to have their charges dropped.”

Costs of Pretrial Incarceration in Nassau County: It is not only more harmful, but also more expensive to incarcerate people than to provide services to meet their needs. According to data obtained by the Vera Institute of Justice, the average cost of incarceration in Nassau per day per person is $418. This is funding that could instead be allocated to housing, economic development, education or healthcare.

A Large Majority of People in Nassau County’s Jail are Presumed Innocent: In 2018, an average of 816 out of 1094 people in at Nassau County C.F., or 75%, were detained pre-trial and legally innocent. Most were detained on bail set in an amount they could not afford.

Appearance Rates: Data from charitable bail funds across the state also demonstrates that bail is not necessary to ensure that people released pretrial return to court. Roughly 95% of the people whose bail was paid by a community bail fund — from Kings to Columbia to Suffolk to Tompkins and Onondaga counties — returned for all of their court dates, despite having no financial “skin in the game.” The Brooklyn Community Bail Fund paid bail for nearly 5,000 people who would otherwise have been jailed for their poverty and, in many cases, coerced to plead guilty, regardless of guilt or innocence, just to get free. Instead, they were free to fight their cases while at liberty. BCBF clients were three times as likely to have favorable case outcomes. That means fewer lives and families derailed by incarceration and criminal records. That means far greater chances at positive outcomes in education, employment, housing, and health. This is achieved through support, not punitive measures. Bail funds provide court reminders and help connect people to needed social services.

Harm of Incarceration: Pretrial jailing imposes a wide range of devastating costs on New York’s families and communities. These costs begin with the need to post bail or pay for someone’s release from jail after their arrest. When they cannot afford bail, it costs families to stay in contact with their loved ones as they have to pay exorbitant rates for phone calls and transportation to visit. On top of these direct costs, families lose income, child support, and other financial contributions when a wage-earner is incarcerated. Finally, incarceration also takes a toll on family members’ physical and mental health, education outcomes, and other measures of well-being. Even one day in jail can totally derail a person’s life. They can lose their jobs and housing. The state may take their children away.

Jail conditions pose a serious, and too often deadly, threat to incarcerated people. The New York State Commission of Correction found that in six different deaths across five different New York county jails, there were “egregious lapses in medical care.” Perhaps the best known story of the trauma caused by pretrial jailing is that of Kalief Browder, who took his own life after being jailed for three years as an innocent teenager on Rikers Island. Six people died Nassau County’s jail in 2016 alone. There is an epidemic of jail deathsin Broome County. In addition, at least 30 people have died in Erie County’s jail since 2005. At least 372 people have died in New York City jails since 2001. Efforts to protect public safety must also address the acute and grave risk that incarceration poses to the safety and well-being of the tens of thousands of New Yorkers locked inside.

People in pre-trial detention are regularly locked in solitary confinement for months and even years. Ample research and accounts from survivors of solitary affirm that this practice causes serious and lasting psychological and physical harm.

Solution: Thankfully, our legislature and Governor took action to address this injustice. They responded to the call of the community and passed the new pretrial laws so that all people – not just relatively wealthy people – accused of misdemeanors and non-violent felonies can fight their cases while at liberty, with their families and communities and support networks, though with some degree of community supervision if needed.

CDANY Statement on Calls From Law Enforcement to Delay Critical Criminal Justice Reforms

Jennifer Van Ort — Thu, 21 Nov 2019 15:48:15 GMT

The Chief Defenders Association of New York – an organization representing the heads of public defender officers in counties across the state – released the following statement on calls by certain prosecutors and sheriffs to delay justice for New Yorkers by placing a moratorium on new bail, discovery, and speedy trial laws, which are set to take effect on January 1, 2020:

“Earlier this year, New York took a giant leap forward for fairness, public safety, and fiscal responsibility by enacting new bail, discovery, and speedy trial laws. No longer will defendants be starved of critical evidence in their cases, which has fueled wrongful convictions and cost taxpayers millions in civil settlements. No longer will our bail laws allow the wealthy to go free pretrial while people in poverty are jailed for the exact same charges. As defenders, we have been appalled as countless people have been forced to plead guilty, regardless of guilt or innocence, to get out of jail.

It’s unfortunate that, when faced with the choice of doing right by New Yorkers or working to protect their own unfair tactical advantages in court, certain District Attorneys and Sheriffs have chosen the latter. What makes this especially unacceptable is that they are using taxpayer resources to mislead and spread baseless fear in our communities rather than working to implement the new laws that New Yorkers overwhelmingly support.”

More Information & Full Statement (PDF)

Chief Defenders Association of New York Statement RE: Sudden Death of San Francisco Public Defender Jeff Adachi

Jennifer Van Ort — Sat, 23 Feb 2019 15:05:43 GMT

The public defense community has suffered a great loss with the sudden death of Jeff Adachi, San Francisco Public Defender. Jeff spent his career in the service of his clients and staff. He was fearless in his litigation and advocacy, calling out the racism that permeates the criminal legal system and elevating the criminalization of poverty. So many of us were guided by Jeff in the work we do everyday. The Chief Defenders of New York sends our deepest condolences to Jeff’s family and our colleagues in his office and all the defender offices that worked so closely with him. - Tina Luongo, President, Chief Defenders Association of New York

Statement: Commission on Prosecutorial Conduct Commission

Jennifer Van Ort — Mon, 20 Aug 2018 14:06:54 GMT

In response to Governor Andrew Cuomo's signing of the Commission on Prosecutorial Conduct into law, the Chief Defenders Association of New York (CDANY) issued the following statement: “The Chief Defenders Association of New York is proud to celebrate the passage of this historic legislation. The first-in-the-nation Commission on Prosecutorial Conduct will shine a light on the injustices that people accused of crimes face every day in criminal courts across the state. For too long, New Yorkers have had no meaningful forum for redress when prosecutors’ actions cross legal and ethical lines. By signing this bill into law, the Governor recognizes the critical role of oversight and accountability in helping to create a criminal legal system that is more fair and just.” – Tina Luongo, President, Chief Defenders Association of New York

NYS Chief Defenders Association Statement on NYS Budget Unveiling

Jennifer Van Ort — Wed, 17 Jan 2018 15:08:12 GMT

Mark S. Williams, President of the Chief Defenders Association of New York (CDANY) and Cattaraugus County Public Defender, issued the following statement responding to Governor Cuomo’s budget unveiling:

“The Chief Defenders Association of New York lauds Governor Andrew Cuomo for including in his Executive Budget more than $50 million to support quality improvements to our State’s public defense system. These improvements will allow counties to begin providing counsel at first appearance, support much needed caseload relief, and fund other high quality improvements. We also look forward to working with the Governor, Senate, and Assembly on proposed reforms to New York’s antiquated criminal discovery, speedy trial, and bail statutes to ensure that the final legislation promotes real and wholesale change.”