New York Times Editorial

February 26, 2001

Facing Up to New York's Court Crisis

For years, lawyers and judges have been warning of a growing problem in New York's justice system — the dwindling number of competent attorneys willing to work for the low rates the state pays for representing poor people in New York City's criminal and family courts. Now, thanks to Albany's inattention, the problem has escalated into a crisis that Gov. George Pataki and legislative leaders can no longer ignore.

Last year, court officials estimated that 50 to 100 cases a day were being adjourned in Family Court for lack of lawyers. Since then, matters have gotten worse. In January, lawyers certified to represent the indigent in the city's family courts began refusing new assignments, saying they could not afford to accept new work until they got a raise. While criminal defense lawyers are still accepting new cases, their ranks have thinned by more than half in the last decade. The result has been an intolerable escalation of delays involving criminal cases and domestic violence and child neglect cases where postponing resolution can imperil lives and violate constitutional rights. Judge Mary Ellen Fitzmaurice, the supervising judge in Queens Family Court, calls the current situation "an abomination."

Governor Pataki and New York's top legislative leaders have said they intend to act this session to increase the assigned-counsel rates, which, at $40 per hour for in-court work and $25 per hour for case preparation, are lower than those in all but one other state. Chief Judge Judith Kaye has long called for such increases. The District Attorneys Association and major bar groups also support a raise. Yet there is a lack of urgency even now. Mr. Pataki, Assembly Speaker Sheldon Silver and Joseph Bruno, the Senate majority leader, have tossed the issue to a new task force to devise a legislative proposal. The group seems diligent. But any raise that gets approved may not become effective until next year, an inexcusable delay.

Judge Kaye's proposal of a flat $75 hourly rate for felony and Family Court cases and $60 for nonfelony cases is eminently reasonable. The open question is whether Mr. Pataki and his Albany colleagues will come up with sufficient state funds to help localities pay the new rates.