Indigent Legal Services, Office of
skip breadcrumbsAgency Web Site: https://www.ils.ny.gov
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.
Budget Highlights
The FY 2025 Executive Budget recommends $459.46 million All Funds support for the Office of Indigent Legal Services, and a workforce level of 35 FTEs, an increase of 3 FTEs from the previous year.
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 (HHS), in which the State will provide counsel at arraignment, establish caseload standards and eligibility criteria, and improve the quality of defense in the following five counties: Onondaga, Ontario, Schuyler, Suffolk, and Washington.
Hurrell-Harring Settlement (HHS) Statewide Implementation
The Office is tasked with the 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.
| Category | Available FY 2024 |
Appropriations Recommended FY 2025 |
Change From FY 2024 |
Reappropriations Recommended FY 2025 |
|---|---|---|---|---|
| State Operations | 7,605,463 | 7,995,000 | 389,537 | 0 |
| Aid To Localities | 461,310,000 | 451,470,000 | (9,840,000) | 1,279,719,000 |
| Total | 468,915,463 | 459,465,000 | (9,450,463) | 1,279,719,000 |
| Program | FY 2024 Estimated FTEs 03/31/24 |
FY 2025 Estimated FTEs 03/31/25 |
FTE Change |
|---|---|---|---|
| Indigent Legal Services Program | |||
| Special Revenue Funds - Other | 19 | 22 | 3 |
| HHS Statewide Implementation | |||
| Special Revenue Funds - Other | 6 | 6 | 0 |
| Hurrell-Harring Settlement | |||
| Special Revenue Funds - Other | 7 | 7 | 0 |
| Total | 32 | 35 | 3 |
| Fund Type | Available FY 2024 |
Recommended FY 2025 |
Change |
|---|---|---|---|
| Special Revenue Funds - Other | 7,605,463 | 7,995,000 | 389,537 |
| Total | 7,605,463 | 7,995,000 | 389,537 |
| Adjustments: | |||
| Transfer(s) From | |||
| Special Pay Bill | |||
| General Fund | (355,463) | ||
| Appropriated FY 2024 | 7,250,000 | ||
| Program | Available FY 2024 |
Recommended FY 2025 |
Change |
|---|---|---|---|
| HHS Statewide Implementation | |||
| Special Revenue Funds - Other | 1,624,343 | 1,618,000 | (6,343) |
| Hurrell-Harring Settlement | |||
| Special Revenue Funds - Other | 1,534,005 | 1,512,000 | (22,005) |
| Indigent Legal Services Program | |||
| Special Revenue Funds - Other | 4,447,115 | 4,865,000 | 417,885 |
| Total | 7,605,463 | 7,995,000 | 389,537 |
| Program | Total | Personal Service | ||
|---|---|---|---|---|
| Amount | Change | Amount | Change | |
| HHS Statewide Implementation | 1,618,000 | (6,343) | 867,000 | 2,389 |
| Hurrell-Harring Settlement | 1,512,000 | (22,005) | 803,000 | (7,730) |
| Indigent Legal Services Program | 4,865,000 | 417,885 | 2,641,000 | 268,553 |
| Total | 7,995,000 | 389,537 | 4,311,000 | 263,212 |
| Program | Nonpersonal Service | |
|---|---|---|
| Amount | Change | |
| HHS Statewide Implementation | 751,000 | (8,732) |
| Hurrell-Harring Settlement | 709,000 | (14,275) |
| Indigent Legal Services Program | 2,224,000 | 149,332 |
| Total | 3,684,000 | 126,325 |
| Fund Type | Available FY 2024 |
Recommended FY 2025 |
Change |
|---|---|---|---|
| General Fund | 102,000,000 | 92,000,000 | (10,000,000) |
| Special Revenue Funds - Other | 359,310,000 | 359,470,000 | 160,000 |
| Total | 461,310,000 | 451,470,000 | (9,840,000) |
| Program | Available FY 2024 |
Recommended FY 2025 |
Change |
|---|---|---|---|
| ASSIGNED COUNSEL PROGRAM | |||
| General Fund | 92,000,000 | 92,000,000 | 0 |
| Article 18-B Family Court Representation | |||
| General Fund | 10,000,000 | 0 | (10,000,000) |
| Special Revenue Funds - Other | 4,500,000 | 4,500,000 | 0 |
| HHS Statewide Implementation | |||
| Special Revenue Funds - Other | 250,000,000 | 250,000,000 | 0 |
| Hurrell-Harring Settlement | |||
| Special Revenue Funds - Other | 23,810,000 | 23,970,000 | 160,000 |
| Indigent Legal Services Program | |||
| Special Revenue Funds - Other | 81,000,000 | 81,000,000 | 0 |
| Total | 461,310,000 | 451,470,000 | (9,840,000) |
Note: Most recent estimates as of 01/16/2024