Lentol presents the pragmatic view. “We don’t have the money to pay for it,” he said. “I would certainly like to see the full funding of indigent defense now, but I’m a realist.” Gradess argues that HurrellHarring offers an opportunity for the governor to solve a problem that plagues dozens of states, as well as New York. “If he partnered with the localities, if he partnered with us, if he partnered with the Indigent Legal Services office and owns
“The problem is New York is worse than other states because many other states fund indigent defense at the state level, instead of at the local level like we do.” The following year advocates won a partial victory with the creation of the New York State Office of Indigent Legal Services. Its budget is $1.8 million, a fraction of what its own research estimates the cost would be to fix the problem of heavy caseloads in upstate counties: an additional $111,214,533. New York City is currently phasing in new caseload standards for indigent defense providers.
PROGRESSIVISM VS. PRAGMATISM
I
n a recent Buffalo News column, Whiteman argued that the governor should “lead the way” by settling Hurrell-Harring before it comes to trial in March. “The governor is a progressive social leader capable of harnessing public and private capital markets, redirecting resources, building partnerships and redesigning government,” Whiteman wrote. “He can be a voice for the imperative need to treat governmental adversaries fairly.” Bonventre counters that contention by making the point that there is no upside for the governor. “What you’re really asking is for the governor to money-up for poor defendants. Everyone says they want to ensure the Sixth Amendment right to counsel, right? But when it comes right down to it, no one really wants to spend their own money on it.”
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his responsibility, he would have a period in which he could create a model system because he’d have everyone on his side. It would appeal dramatically to the Black and Puerto Rican Caucus and to constituencies that he values politically and to all of us who have been waiting for somebody to fix this.” In a letter he sent to the governor in August Gradess wrote, “Your record as a progressive on social issues positions you as the one American leader who can demonstrate for the nation that the Gordian knot of Gideon can be untied.” While the governor has yet to weigh in on the issue, advocates continue to fight for their cause. “I feel frustration,” said Whiteman. “[But] the stakes are too high, and I don’t feel that those of us who care deeply about criminal justice can give up the fight. It’s taking longer than I wish, but I don’t think there’s any Hurrell-Harring v. State of New York is presently scheduled to begin on March 17. Stoughton estimates the trial will last about six weeks. Any appeal would go first to the Appellate Division, Third Judicial Department, then to the New York Court of Appeals.
••• Susan Arbetter (@sarbetter on Twitter) is the Emmy award-winning news director for WCNY Syracuse PBS/NPR, and producer/host of the Capitol Pressroom syndicated public radio program.
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city & state — January 20, 2014
and the next thing we knew, all the Democrats that we had wanted to see to sign up on this bill started walking out in single file toward the room where they caucus.” Gradess and his fellow advocates were witnessing the Senate coup. “There is no doubt in my mind that had the Senate signed on, they had the votes to pass it,” Gradess said. “The Assembly would have passed it, and the governor was David Paterson, who had previously expressed himself on the radio supporting the idea.”