MESSAGE FROM NYCLA PRESIDENT JAMES B. KOBAK JR.
On June 18, NYCLA joined with the Bronx, Kings, Richmond and Queens County Bar Associations in filing a civil action in New York State Supreme Court alleging that recent attempts by Mayor Michael Bloomberg, the City of New York and the Criminal Justice Coordinator to overturn the City's indigent defense system are unconstitutional under the New York and United States Constitutions.
As you already know, NYCLA remains committed to ensure adequate funding for New York's indigent defense system and will do everything in its power to improve such funding and give meaning to the constitutional guarantee of effective assistance of counsel. This most recent action follows the filing of an Article 78 proceeding on June 2 to challenge the City's unilateral overturning of the indigent defense system operated for more than 40 years through a joint plan among the City and County Bars. The County Bars, represented by litigators from Haynes and Boone, LLP, who are providing pro bono counsel, brought the lawsuit on behalf of New York's indigent defendants.
The June 18 companion civil action cited the principle that equal justice - including the right to counsel - for poor and rich, weak and powerful alike is a constitutional mandate under the New York and United States Constitutions. The complaint alleges that the City's actions threaten dramatically to undermine indigent defendants' already limited access to meaningful and effective representation, and that the actions violate the guarantees of access to counsel, due process, equal protection and separation of powers. The complaint, like the Article 78 proceeding, seeks to halt the City's contract procurement process and preserve the status quo unless and until the City reaches an agreement with the County Bars that preserves indigent defendants' access to adequate legal counsel.
Contracts under the City's procurement process were to be awarded on July 10. The City has stipulated in the Article 78 proceeding not to award any contracts pending submission of answering papers and reply papers later this month. The Article 78 proceeding has been assigned to Hon. Anil C. Singh.
Please click on News Release to read the June 18 release about the filing of the civil action. I will continue to keep you informed of further developments on this important issue.
