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Reports and Resources
The ongoing crisis in New York State's public defense system is long standing and well documented. Read more in the documents below.
- The Kaye Commission Report (.pdf)
- Faced with evidence of a crumbling system of public defense services, now-retired New York Chief Judge Judith S. Kaye appointed a blue-ribbon commission to examine the quality of representation provided to people unable to afford a lawyer in criminal cases. The commission found in 2006 that the system fails to meet the state's constitutional and statutory obligation to provide effective counsel and recommended an overhaul of the system that has yet to be implemented. The CIPDC seeks to implement the Kaye Commission's recommendations.
- The Spangenberg Report (.pdf)
- The supporting study done for the Kaye Commission by a nationally recognized consulting firm, The Spangenberg Group, analyzes data gathered from: Site visits to 22 counties; four public hearings held around the state; meetings with representatives of statewide entities including the New York State Association of Counties, the New York State Defenders Association, and the Office of Court Administration (OCA); and other sources including reports provided to the OCA and the State Comptroller by counties regarding public defense.
- Judge Kaye's State of the Judiciary address, November 2008
- From the address: "Properly funding and administering public defense, even in these difficult times, is an investment that would return savings in both social and fiscal costs, as a properly resourced defense protects against unnecessary incarcerations and wrongful convictions."
- "Justice Impaired: The Impact of the State of New York’s Failure to Effectively Implement the Right to Counsel" (.pdf), Franklin County, October 2007
- A report on public defense services in Franklin County, produced by the National Legal Aid and Defender Association in 2007, shows the impact on this rural county of the State's failure to fund and oversee defense services. Of particular note in the report is the effect of Family Court representation on the resources necessary for public defense.
- Analysis of Public Defense Service Delivery by County (.pdf)
- Report Cards prepared by the National Legal Aid and Defender Association, evaluating counties' compliance with the American Bar Association's Ten Principles of a Public Defense Delivery System (.pdf).
- Client-Centered Representation Standards (.pdf), New York State Defenders Association Client Advisory Board, July 2005
- From the standards: "Clients want a lawyer who -- 1. Represents a person, not a case file; represents a client, not a defendant. 2. Listens to them and represents them with compassion, dignity and respect. 3. Makes sure the client’s privacy is respected and that communications take place in a space and by means that protect the confidential nature of the client-attorney relationship."
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