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Indigent Legal Services, Office of

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Agency Web Site: https://www.ils.ny.govLink to External Website

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.

Major Programs

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 (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. With the completion of the Settlement’s monitoring term, all counties are now funded through the HHS Statewide Implementation program.

Article 18-b Family Court Representation

The Office funds improvements to the quality of mandated legal representation provided to parents in Family Court cases.

Budget Highlights

The FY 2026 Executive Budget recommends $484.9 million All Funds support for the Office of Indigent Legal Services, and a workforce level of 62 FTEs, an increase of 2 FTEs from the previous year.

ALL FUNDS
APPROPRIATIONS
(dollars)
Category Available
FY 2025
Appropriations
Recommended
FY 2026
Change From
FY 2025
Reappropriations
Recommended
FY 2026
State Operations 7,995,000 8,515,000 520,000 0
Aid To Localities 466,470,000 476,370,000 9,900,000 1,314,151,000
Total 474,465,000 484,885,000 10,420,000 1,314,151,000

ALL FUND TYPES
PROJECTED LEVELS OF EMPLOYMENT BY PROGRAM
FILLED ANNUAL SALARIED POSITIONS
Program FY 2025
Estimated FTEs
03/31/25
FY 2026
Estimated FTEs
03/31/26
FTE Change
Indigent Legal Services Program
Special Revenue Funds - Other 47 62 15
HHS Statewide Implementation
Special Revenue Funds - Other 6 0 (6)
Hurrell-Harring Settlement
Special Revenue Funds - Other 7 0 (7)
Total 60 62 2

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type Available
FY 2025
Recommended
FY 2026
Change
Special Revenue Funds - Other 7,995,000 8,515,000 520,000
Total 7,995,000 8,515,000 520,000

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program Available
FY 2025
Recommended
FY 2026
Change
HHS Statewide Implementation
Special Revenue Funds - Other 1,618,000 0 (1,618,000)
Hurrell-Harring Settlement
Special Revenue Funds - Other 1,512,000 0 (1,512,000)
Indigent Legal Services Program
Special Revenue Funds - Other 4,865,000 8,515,000 3,650,000
Total 7,995,000 8,515,000 520,000

STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2026 RECOMMENDED
(dollars)
Program Total Personal Service
Amount Change Amount Change
HHS Statewide Implementation 0 (1,618,000) 0 (867,000)
Hurrell-Harring Settlement 0 (1,512,000) 0 (803,000)
Indigent Legal Services Program 8,515,000 3,650,000 4,720,000 2,079,000
Total 8,515,000 520,000 4,720,000 409,000
STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2026 RECOMMENDED CONTINUED
(dollars)
Program Nonpersonal Service
Amount Change
HHS Statewide Implementation 0 (751,000)
Hurrell-Harring Settlement 0 (709,000)
Indigent Legal Services Program 3,795,000 1,571,000
Total 3,795,000 111,000

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type Available
FY 2025
Recommended
FY 2026
Change
General Fund 92,000,000 92,000,000 0
Special Revenue Funds - Other 374,470,000 384,370,000 9,900,000
Total 466,470,000 476,370,000 9,900,000

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program Available
FY 2025
Recommended
FY 2026
Change
ASSIGNED COUNSEL PROGRAM
General Fund 92,000,000 92,000,000 0
Article 18-B Family Court Representation
Special Revenue Funds - Other 19,500,000 19,500,000 0
HHS Statewide Implementation
Special Revenue Funds - Other 250,000,000 273,970,000 23,970,000
Hurrell-Harring Settlement
Special Revenue Funds - Other 23,970,000 0 (23,970,000)
Indigent Legal Services Program
Special Revenue Funds - Other 81,000,000 90,900,000 9,900,000
Total 466,470,000 476,370,000 9,900,000

Note: Most recent estimates as of 01/21/2025