New York announces new Virtual Court Navigator Program for people who don’t have an attorney

The New York State Court System's Office for Justice Initiatives has announced a free Virtual Court Navigator Program for people who do not have a lawyer.

It is a free program, designed to help people without an attorney who either have or would like to start a court case in: Erie County Surrogate’s Court, Civil Supreme and Surrogate’s Courts in Dutchess, Orange, Putnam, Rockland, and Westchester Counties.

Virtual Court Navigators are specially trained, supervised and available to help court users prepare for virtual appearances, file court forms, organize court papers, get answers to general questions, find community programs and services, refer people to legal service providers, navigate the court’s website, and more.

The New York State Courts Access to Justice Program "is dedicated to improving equal access to justice for New Yorkers of low-income and modest means who cannot afford an attorney by making it easier to navigate the court system. The NYS Courts Access to Justice program develops resources, including self-help services and pro bono programs, to equalize the playing field for all litigants."

For more information about the Virtual Court Navigator Pilot Program click here.

New York State to hold hearings on eligibility for counsel in family court matters

The New York State Office of Indigent Legal Services (OILS) is seeking the views and experiences of public defense providers, litigants, judges, county officials, and others, related to criteria and procedures for determining whether someone qualifies for assigned counsel in family law matters.

Four hearings have been announced:

• May 31, 2019, First Department, New York, NY
• July 17, 2019, Second Department, Brooklyn, NY
• June 19, 2019, Third Department, Albany, NY
• August 14, 2019, Fourth Department, Rochester, NY

Hearings will be held from 1:00 to 4:00 p.m. Requests to testify must be received at least fourteen days before the scheduled hearing. For information on applying to testify in person and/or submitting written testimony, click here.

For more information on OILS, click here.

New York “Fair Trial/Free Press” Conference

Sponsored by the New York Fair Trial/Free Press Conference, the Committee on Media Law, and the New York State Bar Association, this conference will be held Friday, March 10, 2017 from 12:00 p.m. - 2:30 p.m.

Featuring a distinguished panel of federal and state judges, prosecutors, print and broadcast journalists, and defense and media counsel, the program will explore the interplay of First Amendment rights to attend and report on criminal trials and the Sixth Amendment right to a fair trial.

Attendees can learn about the use of video recordings on smartphones, the use of social media as evidence and media and the law.

The event is free for NYSBA Members and Members of the Press.

For more information, click here.

February 28: Public Defense Lobby Day in New York State

New York State defense attorney groups are organizing a Tuesday, February 28, 2017 Lobby Day to advocate for increased funding for public defense, including the Justice Equality Act requiring a state fiscal takeover of public defense expenses.

On December 31, Governor Cuomo vetoed the Justice Equality Act. The bill has been reintroduced in the Assembly and groups are pressing the Senate to do the same.

Previously known as the Public Defense Mandate Relief Act, the bill requires the state to assume the cost of public defense in a 7 year phase in, while also requiring the state to fund significant quality improvements and caseload reduction.

To advocate for increased indigent defense funding, CDANY, NYSDA and NYSACDL are organizing a Lobby Day on Tuesday, February 28th to promote the:

* Justice Equality Act (A.1903);
* New York State Defenders Association's 2017-2018 budget request; and
* Indigent Legal Services Office's 2017-2018 budget request.

The groups plan to travel to Albany and meet with up to six legislators to advocate for increased public defense funding. The Lobby Day will be from 10:00 AM to 5:00 PM.

Conservative Party joins fight for New York indigent defense funding

New York Daily News:

It isn't often that the state Conservative Party is in agreement with liberal groups, but that is the case when it comes to urging Gov. Cuomo to sign a bill that would gradually shift the funding of legal services for the poor from the localities on to the state.

The Conservative Party... said that a requirement that the state's counties, including the five boroughs, fund legal defense programs for the poor amounts to an unfunded mandate that is choking the finances of the localities.....

The bill has won the support across the political spectrum....The New York Civil Liberties Union, the state Catholic Conference, NAACP, Lambda Legal Defense Fund, National Association of Criminal Defense Lawyers, Innocence Project and the Brennan Center for Justice have also urged Cuomo to sign the bill.

N.Y. State Bar launches NY.FreeLegalAnswers.org

The New York State Bar Association will soon be participating in the ABA Free Legal Answers project.

This project will provide an online platform for New York attorneys to provide limited scope legal advice to low income New Yorkers.

All low income persons who meet the project’s eligibility standards may utilize this service in New York.

For more on this resource, click here.

Governor urged to act on indigent defense bill

In an Op Ed published by Syracuse.com, New York State Bar Association president Claire P. Gutekunst urges Gov. Cuomo to sign the indigent criminal legal defense bill, noting that full funding is "consistent with a mandate imposed more than 50 years ago."

The bill passed by both houses would provide for state funding of public-defense services in all of New York's counties, phased in over seven years.

This would...(u)ltimately ensure that eligible defendants represented through the public-defense system receive the quality legal representation to which they are constitutionally entitled, regardless of where they were prosecuted.

For more on this bill, click here.

Department of Justice issues guidance to courts on jail for nonpayment of fines or fees.

The U.S. Department of Justice has issued a guidance letter on practices around the country related to the assessment and enforcement of fines and fees in state and local courts. This letter has been sent to state chief justices and state court administrators.

The agency alleges that, "[t]he letter addresses some of the most common practices that run afoul of the U.S. Constitution and/or other federal laws, such as incarcerating individuals for nonpayment without determining their ability to pay. The letter also discusses the importance of due process protections such as notice and, in appropriate cases, the right to counsel; the need to avoid unconstitutional bail practices; and due process concerns raised by certain private probation arrangements."

The Department has also developed a resource guide on reforming the assessment and enforcement of fines and fees.

For more information, click here.

New York State considers bill to overhaul indigent criminal defense system

Syracuse.com:

New York state requires counties to provide lawyers to represent poor people charged with crimes, but when it comes to paying for those attorneys, the state coughs up only about a quarter of the costs.

That's an unfunded mandate on local governments that State Senate Deputy Majority Leader John DeFrancisco, R-Syracuse, and Assemblywoman Pat Fahy, D-Albany, want to eliminate. They introduced bills last month that would require New York State to begin paying a greater percentage of the bill each year until 2019, when the state would become responsible for 100 percent of the cost of lawyers for indigent defendants.

If passed, the bill would also set statewide standards on the quality of legal services provided to poor people.