Indigent Legal Services, Office of

Mission

The Office of Indigent Legal Services and the associated Indigent Legal Services Board are responsible for examining, overseeing, and improving the quality of New York's county-based system of providing legal representation to people who are unable to afford an attorney.

Organization and Staffing

The Office and nine member Indigent Legal Services Board were created in 2010 to assist county governments in providing counsel to those persons who are legally entitled to counsel, but cannot afford to hire an attorney. The Board is appointed by the Governor and chaired by the Chief Judge of the Court of Appeals. The Board is responsible for nominating a Director to run the day-to-day operations of the Office. The Office has an FTE count of 19, eight of which are devoted to implementing the terms of the Hurrell-Harring Settlement Agreement.

Budget Highlights

The FY 2018 Executive Budget recommends $109.6 million All Funds support for the Office of Indigent Legal Services, an increase of $10.2 million from FY 2017, and a workforce level of 22 FTEs, an increase of 3 from FY 2017.

The increase in funding levels from FY 2017 is directly attributable to the newly established caseload standards, and the State's obligation under the Hurrell-Harring Settlement Agreement to fund the implementation of these standards in the following five counties: Onondaga, Ontario, Schuyler, Suffolk, and Washington.

In addition, $1.25 million has been made available to fund the development of a plan for improving the quality of indigent defense statewide.

Program Highlights

Indigent Legal Services Program

The Office is responsible for the distribution of State funds appropriated to the counties from the State’s Indigent Legal Services Fund. The State established this dedicated Fund in 2003 to assist localities in meeting the duty to provide legal representation to persons unable to afford counsel. The Office distributes these funds to improve the quality of indigent legal services provided by the counties.

Hurrell-Harring Settlement Program

The Office is responsible for implementing the terms of the Hurrell-Harring Settlement, which has initiated a series of state-funded improvements in five of the 57 counties outside of New York City. The Settlement requires the State provide counsel at arraignment, establish Caseload Standards and Eligibility Criteria, and improve the quality of defense.

HHS Statewide Implementation

The Office will be tasked with developing a plan for statewide implementation of counsel at arraignment, Caseload Standards for providers of indigent legal services, and quality improvement initiatives in a manner similar to the plans implemented by the Hurrell-Harring Settlement.

ALL FUNDS
APPROPRIATIONS
(dollars)
Category	Available FY 2017	Appropriations Recommended FY 2018	Change From FY 2017	Reappropriations Recommended FY 2018
State Operations	3,200,000	0	(3,200,000)	423,000
Aid To Localities	96,200,000	109,640,000	13,440,000	210,899,000
Total	99,400,000	109,640,000	10,240,000	211,322,000

ALL FUND TYPES
PROJECTED LEVELS OF EMPLOYMENT BY PROGRAM
FILLED ANNUAL SALARIED POSITIONS
Program	FY 2017 Estimated FTEs 03/31/17	FY 2018 Estimated FTEs 03/31/18	FTE Change
Indigent Legal Services Program
Special Revenue Funds - Other	19	22	3
Total	19	22	3

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type	Available FY 2017	Recommended FY 2018	Change
Special Revenue Funds - Other	3,200,000	0	(3,200,000)
Total	3,200,000	0	(3,200,000)

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program	Available FY 2017	Recommended FY 2018	Change
Indigent Legal Services Program
Special Revenue Funds - Other	3,200,000	0	(3,200,000)
Total	3,200,000	0	(3,200,000)

STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2018 RECOMMENDED
(dollars)
Program	Total		Personal Service
Program	Amount	Change	Amount	Change
Indigent Legal Services Program	0	(3,200,000)	0	(1,825,000)
Total	0	(3,200,000)	0	(1,825,000)

STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2018 RECOMMENDED CONTINUED
(dollars)
Program	Nonpersonal Service
Program	Amount	Change
Indigent Legal Services Program	0	(1,375,000)
Total	0	(1,375,000)

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type	Available FY 2017	Recommended FY 2018	Change
Special Revenue Funds - Other	96,200,000	109,640,000	13,440,000
Total	96,200,000	109,640,000	13,440,000

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program	Available FY 2017	Recommended FY 2018	Change
Indigent Legal Services Program
Special Revenue Funds - Other	96,200,000	85,830,000	(10,370,000)
Hurrell-Harring Settlement
Special Revenue Funds - Other	0	23,810,000	23,810,000
Total	96,200,000	109,640,000	13,440,000

Note: Most recent estimates as of 1/17/2017

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