New York State Defenders Justice Fund: Op-Ed Sets Out Powerful Policy Argument for Public Defense Reform NOW

Wednesday, April 14, 2010

Op-Ed Sets Out Powerful Policy Argument for Public Defense Reform NOW

An opinion piece entitled "State does poor job providing legal counsel to the poor" appeared in the Daily Gazette (Schenectady [subscription required]) on Sunday, April 11. Recalling when, as a child, he had put his hand over his heart every school day, Daniel T. Weaver wrote that "all 98 pounds of me pledged allegiance to a republic that stood for 'liberty and justice for all.'" But more recently he has been troubled by things leading him to think that "Freedom and justice are chimeras ‐‐ water on a highway in the dog days, disappearing as you get closer to it." Poor people are not getting the same justice as rich ones, he noted, referring to the NYCLU lawsuit plaintiffs as examples. Cost or other supposedly practical issues, Weaver added, must not override doing what our ideals require. He concluded: "In the end, the cost of injustice is usually higher than the cost of justice. A quick historical review of Dred Scott and the Civil War proves that beyond a reasonable doubt."

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The Right to Counsel is Fundamental to Justice

The Campaign for an Independent Public Defense Commission is working to fix New York State's broken system of public defense. We represent a coalition of over 200 community organizations and faith communities state-wide.

The Problem: Huge caseloads, poor training, and severe lack of resources for public defenders leave poor and working-class people with dismal representation in court. This leads to wrongful convictions, over-sentencing, and wasted tax-payer dollars. The New York Civil Liberties Union has filed a class-action lawsuit against the State for violation of defendants' right to counsel.

The Solution: Describing the system as "an on-going crisis," former New York Chief Judge Judith Kaye called in 2006 for a politically independent public defense commission to administer these services statewide and ensure the rights of the accused are protected. Kaye's successor, Chief Judge Jonathan Lippmann, agrees with her recommendations, and dozens of prominent legislators, newspaper editorial boards and columnists, former judges, and concerned citizens have spoken out publicly in support of the Commission.

Action: Please contact the State leaders below and tell them, "It's time to fix New York's system of public defense. Please pass The Public Defense Act of 2009 -- S.6002/A.8793 -- this session!"

State Assembly Speaker Sheldon Silver: (518) 455-3791
Governor David Paterson: (518) 474-8390
Your local State Senator and Assemblyperson

Click here for their mailing and email addresses. Please write to them, and use your own stories and words to describe why public defense reform is so important to you. Please include a direct request that the leader do everything in their power to create the Independent Public Defense Commission this session.

Thank you for taking action. Together we're going to win this fight, and take a major step toward equal justice for all in New York State.

For more information, visit www.newyorkjusticefund.org.