Any thoughts Cattaraugus County officials had of the state paying for legal costs for the poor were dashed with Gov. Andrew Cuomo’s recent veto of a bill that would have picked up those costs of the counties.
The bill, which passed with overwhelming bipartisan support, was vetoed by the governor at the last minute.
For Cattaraugus County, which spends more than $2.6 million a year to defend the indigent, it is disappointing, said County Administrator Jack Searles.
“The governor’s veto was disappointing,” he said, adding it especially stung since the governor had not vetoed it sooner. “It’s exceedingly disappointing for the counties.”
Cattaraugus County receives $465,326 in revenues — including state grants — for the legal defense of the indigent. The amount in the 2017 county budget that is on the tax levy is $2,152,663.
While the program would have been phased in over several years, it would represent one of the few times that an unfunded mandate the state had imposed on the counties would be funded by the state.
Searles said there was some talk that the governor would offer initial funding in his 2017-18 budget.
There is some thought that the $2.6 million budget for the legal defense of the indigent will not be enough with the relaxing of eligibility requirements, Searles said.
“We’re looking at the number of individuals able to claim this climbing 25 to 30 percent over current levels,” Searles said. “If there is no relief, that increase is 100 percent on the levy. Instead of decreasing the level of mandates, there will be an increase. It leaves a hole in our budget.”
Cattaraugus County Public Defender Mark Williams said in a statement that the lack of state funding for local public defense programs has created “a patchwork system and an unfair burden on local taxpayers.”
“This is a tragedy,” he said. “We will continue to work to end this injustice.”
He said by vetoing the bill, Cuomo “has turned his back on thousands of people who are denied fair and equal justice due to under-resourced and overburdened public defense attorneys.”
“We are used to working long hours with excessive caseloads for little pay,” Williams added. “Together with the tens of thousands of New Yorkers who support this reform, we will again advocate for its passage and approval,” Williams said.
