AG HOLDER MAKES COMMENTS ON RIGHT TO COUNSEL SETTLEMENT WITH NEW YORK STATE

FROM:  U.S. JUSTICE DEPARTMENT
Monday, March 16, 2015
Attorney General Holder Applauds Settlement to Improve Right to Counsel in New York State

Attorney General Eric Holder on Monday hailed the outcome in a lawsuit challenging the lack of funding for public defender programs in five counties in New York State, calling the finalized settlement in the case a “major step forward.”

In September 2014, the Justice Department had filed a statement of interest in the case, known as Hurrell-Harring v. State of New York.  This represented the first time the department addressed the constructive denial of counsel in state courts.  After extensive negotiations, the parties reached a settlement, which Judge Gerald Connolly of the Supreme Court of the State of New York, Albany County, has now signed.  The settlement agreement, which applies to five New York counties, guarantees that indigent criminal defendants will have legal counsel at arraignment, establishes and implements caseload and workload standards for public defenders, provides for effective supervision and training of public defenders and sets new indigency standards for determining whether a defendant is entitled to public counsel.

“This settlement marks a major step forward in the safeguarding of the essential right to effective legal representation, which stands at the core of America’s criminal justice system,” said Attorney General Eric Holder.  “It is simply unacceptable that, today – more than half a century after the Supreme Court’s landmark decision in Gideon v. Wainright affirmed the right to counsel for low-income defendants – America’s indigent defense systems continue to exist in a state of crisis, and inequities remain all too common.  That’s why, especially in recent years, the Department of Justice has fought tirelessly to ensure effective representation for all who are charged with crimes.  With this settlement, we send a clear message that this fight will continue.  And we will never waver in our commitment to ensuring that all Americans receive the rights and protections to which they are entitled.”

“This important settlement agreement is a model, not just for the five counties named in the case, but for all of New York State, and for the country,” said Acting Assistant Attorney General Vanita Gupta of the Civil Rights Division.  “The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the county are facing significant challenges in meeting their Sixth Amendment obligations.”

In Hurrell-Harring the plaintiffs alleged that a lack of funding for indigent defense deprives public defenders of the time or resources to prepare cases or meaningfully represent their clients and amounts to the denial of counsel in violation of Gideon v. Wainwright and the Sixth Amendment.  In its statement of interest, the department advised the court that under resourcing public defense may force even otherwise competent and well-intentioned public defenders into a position where they are, in effect, a lawyer in name only.  The statement of interest added that if the court finds that the plaintiffs have been constructively denied the right to counsel on a systemic basis, the court has broad injunctive authority to remedy those constitutional violations.

The Hurrell-Harring case was filed in 2007 and brought by former indigent defendants who faced criminal charges in Onondaga, Ontario, Schuyler, Suffolk and Washington counties in the state of New York.

DOJ FILES STATEMENT OF INTEREST IN NEW YORK CASE INVOLVING DEFENDANTS RIGHT TO COUNCIL

FROM:  U.S. JUSTICE DEPARTMENT 

Thursday, September 25, 2014

Department of Justice Files Statement of Interest in New York State Right to Counsel Case

The Department of Justice today filed a statement of interest with the Supreme Court of the State of New York, Albany County in Hurrell-Harring v. State of New York.  In this class action litigation, the plaintiffs allege that, due to systemic failures in four New York counties, indigent criminal defendants have been constructively denied the right to counsel.

In Hurrell-Harring the plaintiffs allege that a lack of funding for indigent defense deprives public defenders of the time or resources to prepare cases or meaningfully represent their clients and amounts to the denial of counsel in violation of Gideon v. Wainwright and the Sixth Amendment.  In its statement of interest, the department advised the court that under resourcing public defense may force even otherwise competent and well-intentioned public defenders into a position where they are, in effect, a lawyer in name only.  The statement of interest added that if the court finds that the plaintiffs have been constructively denied the right to counsel on a systemic basis, the court has broad injunctive authority to remedy those constitutional violations.

“To truly guarantee adequate representation for low-income defendants, we must ensure that public defenders’ caseloads allow them to do an effective job,” said Attorney General Eric Holder.  “The Department of Justice is committed to addressing the inequalities that unfold every day in America’s courtrooms, and to fulfilling the Supreme Court’s historic decision in Gideon v. Wainwright.  America’s indigent defense systems exist in a state of crisis, and over 50 years after it was made, the promise of Gideon is not being met.”

“This case is emblematic of a national crisis in indigent criminal defense,” said Acting Assistant Attorney General Molly Moran of the Civil Rights Division.  “The right to counsel is one of the core guarantees of the Bill of Rights, and yet, as countless cases and studies show, indigent defense systems across the country are facing significant challenges in meeting their Sixth Amendment obligations.”

The purpose of the statement of interest is to provide the court with a framework to assess the plaintiffs’ claim of constructive denial of counsel.  As the department explained in the statement of interest, “An analysis of Gideon cases informs the United States’ position that constructive denial of counsel may occur when: (1) on a systemic basis, counsel for indigent defendants face severe structural limitations, such as a lack of resources, high workloads, and understaffing of public defender offices; and/or (2) indigent defenders are unable or are significantly compromised in their ability to provide the traditional markers of representation for their clients, such as timely and confidential consultation, appropriate investigation, and meaningful adversarial testing of the prosecution’s case.”

The Hurrell-Harring case was filed in 2007 and brought by former indigent defendants who faced criminal charges in five New York counties.  The plaintiffs seek systemic reform to prevent future violations of the right to counsel. The state court trial is scheduled to begin on Oct. 7, 2014.

INTERNATIONAL PRINCIPLES AND GUIDELINES ON INDIGENT DEFENSE

FROM:  U.S. DEPARTMENT OF JUSTICE
Adoption of the First International Principles and Guidelines on Indigent Defense June 6th, 2012
2012 Posted by Tracy Russo
The following post appears courtesy of the Access to Justice Initiative
One of the cornerstones of the United States criminal justice system is the right to legal representation for criminal defendants.  In the United States the right is confirmed by the federal Constitution, but many countries also guarantee this right to their citizens through their domestic laws.

Recognizing that criminal legal aid – or indigent defense – “is an essential element of a fair, humane and efficient criminal justice system that is based on the rule of law,” the United Nations Commission on Crime Prevention and Criminal Justice (the UN Crime Commission) adopted the first international principles and guidelines on indigent defense at its recently concluded 21st session.  The United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems affirm the importance of legal aid at all stages of the criminal justice system.

Created in 1992 by the United Nations Economic and Social Council (ECOSOC), the UN Crime Commission is the central body within the United Nations system dealing with crime prevention and criminal justice policy. It is one of the governing bodies of the United Nations Office on Drugs and Crime (UNODC).  The 40-member body, which includes the United States, met this past April in Vienna, Austria to consider 11 resolutions on issues such as combating violence against migrants and migrant smuggling, setting minimum standards for the treatment of prisoners, and criminal legal aid.
The United States was one of 16 co-sponsors of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems, which was initially submitted by Georgia and South Africa (on behalf of the African Group). This resolution adopted the principle and guidelines.  Although the UN principles and guidelines correctly recognize that, “states employ different models for the provision of legal aid,” these comprehensive guidelines and principles can be effective tools in strengthening and growing existing criminal legal aid systems throughout the world.

The creation of the Access to Justice Initiative at the U.S. Department of Justice in March 2010 is a testament of the United States’ commitment to supporting indigent defense.  The Access to Justice Initiative was launched to help ensure that basic legal services are available, affordable and accessible to everyone in this country regardless of status or income.  A significant part of our work is directed at strengthening and supporting indigent defense.  Because of this, a representative from the Access to Justice Initiative was invited to join the U.S. delegation to the UN Crime Commission to assist with negotiating this resolution.

The adoption of the United Nations Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems is a significant milestone in the global development of fair and just systems of criminal justice.  It will likely be submitted to the United Nations General Assembly for approval later this year.