Disparity in the State Funding of Public Defense Programs Outside the City of New York

• NCJ Number: 91814
• Author(s): D Hall
• Date Published: 1983
• Length: 45 pages
• Corporate Author: New York State Defenders Assoc, Inc
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

Public defense services in New York State have been grossly underfunded in the State programs. At a minimum, the State should develop a rational funding scheme for these programs, with parity-per-case financing presenting at least a starting point for such a scheme.

Abstract

Historically, New York State has funded public defense and prosecution through three programs: the State Felony Program, the Major Violent Offense Trial Program, and the Major Offense Prosecution Program. None of the programs has a funding scheme based on sound fiscal policy, and there is a consistent underfunding of defense services. The Special Felony Program and the Major Violent Offense Trial Program both have unjustified inconsistencies in their funding patterns. The defense components of Onondaga and Erie Counties are uniquely underfunded in both these programs. The charts and graphs presented in this report document funding disparity between defense and prosecution. To document these differences as disparity, a legitimate basis upon which funds should be distributed was determined. The comparative caseloads between defense and prosecution programs within a county was selected as the basis for determining funding disparity. Graphic data are provided for funding under each program by county.