(b) The governor, within thirty days after receiving written notice of
any nomination of a director made pursuant to paragraph (a) of this
subdivision, may approve or disapprove the nomination. If the governor
approves such nomination, or fails to act on such nomination within such
thirty day period, the nominee shall thereupon commence his or her term
as director of the office. If, within such thirty day period, the
governor serves upon the chair of such board a written notice
disapproving such nomination, the nominee shall not be authorized to
serve as director of the office provided, however, that such board may
authorize an interim director appointed pursuant to paragraph (a) of
this subdivision to serve or continue to serve as interim director until
such time as a director of the office is approved, or not timely
disapproved, by the governor. Following any disapproval, the board shall
have sixty days to submit another nominee, although such period may be
extended, upon request of the board, by the governor. A person appointed
as interim director may exercise all of the powers available to the
director of such office.
(c) The director of the office shall serve full-time and for a term of
five years. The director may be removed during this term for good cause
shown, after notice and an opportunity to be heard, by a vote of
two-thirds or more of the nine members of such board. The person serving
as director shall, upon assuming such position, be admitted to practice
law and shall have not less than five years professional experience in
the area of public defense services, and have a demonstrated commitment
to the provision of quality public defense representation and to the
communities served by public defense providers.
(d) The director shall appoint employees and perform such other
functions as are appropriate to ensure the efficient operation of the
office within the amounts available therefor by appropriation.
3. Duties and responsibilities. The office shall, in consultation with
the indigent legal services board established pursuant to section eight
hundred thirty-three of this article, have the following duties and
responsibilities:
(a) to examine, evaluate and monitor services provided in each county
pursuant to article eighteen-B of the county law;
(b) to collect and receive information and data regarding the
provision of services pursuant to article eighteen-B of the county law
including, but not limited to:
(i) the types and combinations of such services being utilized in each
county;
(ii) the salaries and other compensation paid to individual
administrators, attorneys and staff providing such services;
(iii) the actual caseloads of attorneys providing such services
pursuant to article eighteen-B of the county law;
(iv) how the caseloads of attorneys providing such services compare
with the caseloads of attorneys providing prosecution-related services
in each county;
(v) the types, nature and timing of dispositions of cases handled by
attorneys providing such services and attorneys providing
prosecution-related services;
(vi) the actual expenditures currently being made in each county on
such services and prosecution-related services;
(vii) the time, funds and in-kind resources currently being spent on
such services and prosecution-related services and the amount being
spent on ancillary services such as investigators, support staff, social
workers and expert witnesses, including consideration of all funds
received for such services from all sources;
(viii) the criteria and procedures used to determine whether a person
is eligible to receive such services, the number of persons considered
for and applicants denied such services, the reasons for the denials,
and the results of any review of such denials, including the number of
orders issued pursuant to section seven hundred twenty-two-d of the
county law; and
(ix) the standards and criteria used in programs and by each county to
determine whether individual attorneys are qualified to provide indigent
legal services, on a case by case basis;
(c) to analyze and evaluate the collected data, and undertake any
necessary research and studies, in order to consider and recommend
measures to enhance the provision of indigent legal services and to
ensure that recipients of services provided pursuant to article
eighteen-B of the county law are provided with quality representation
from fiscally responsible providers, which shall include but not be
limited to: establishing criteria and procedures to guide courts in
determining whether a person is eligible for such representation;
establishing standards, criteria and a process for qualifying and
re-qualifying attorneys to provide such services pursuant to article
eighteen-B of the county law;
(d) to establish standards and criteria for the provision of such
services in cases involving a conflict of interest and to assist
counties to develop plans consistent with such standards and criteria;
(e) to develop recommendations to improve the delivery of such
services in a manner that is consistent with the needs of the counties,
the efficiency and adequacy of the public defense plan operated in the
counties and the quality of representation offered, which may include
receiving applications for and distributing grants pursuant to specified
criteria;
(f) to develop recommendations regarding the distribution and
expenditure of any monies appropriated for indigent legal services,
including but not limited to monies from the indigent legal services
fund created pursuant to section ninety-eight-b of the state finance
law, for consideration by the indigent legal services board established
pursuant to section eight hundred thirty-three of this article; and, in
making such recommendations, may consider, in addition to measures of
performance, the commitment of local resources to such services and the
changes thereto; the geographic balance of funding among the regions of
the state, population, crime rates, poverty rates and individual
community needs;
(g) to target grants in support of innovative and cost effective
solutions that enhance the provision of quality indigent legal services,
including collaborative efforts serving multiple counties;
(h) to investigate and monitor any other matter related to indigent
legal services that the director deems important;
(i) to request and receive from any department, division, board,
bureau, commission or other agency of the state or any political
subdivision of the state or any public authority such assistance,
information and data, subject to limitations on the disclosure of
information provided confidentially to indigent legal service providers,
as will enable the office to properly carry out its functions, powers
and duties;
(j) to establish measures of performance which programs and counties
shall regularly report to the office, to assist the office in monitoring
the quality of indigent legal services;
(k) to apply for and accept any grant or gift for any of the purposes
of the office or the indigent legal services board. Any monies so
received may be expended by the office to effectuate any such purpose,
subject to the same limitations as to approval of expenditures and audit
as are prescribed for state monies appropriated for such purposes;
(l) to present findings and make recommendations for consideration by
the indigent legal services board established pursuant to section eight
hundred thirty-three of this article; and
(m) to execute decisions of the indigent legal services board
established pursuant to section eight hundred thirty-three of this
article, including the distribution of funds.
4. Additional duties and responsibilities. The office shall, in
consultation with the indigent legal services board established pursuant
to section eight hundred thirty-three of this article, have the
following duties and responsibilities, and any plan developed pursuant
to this subdivision shall be submitted by the office to the director of
the division of budget for review and approval, provided, however that
the director's approval shall be limited solely to the plan's projected
fiscal impact of the required appropriation for the implementation of
such plan and his or her approval shall not be unreasonably withheld:
(a) Counsel at arraignment. Develop and implement a written plan to
ensure that each criminal defendant who is eligible for publicly funded
legal representation is represented by counsel in person at his or her
arraignment; provided, however, that a timely arraignment with counsel
shall not be delayed pending a determination of a defendant's
eligibility.
(i) For the purposes of the plan developed pursuant to this
subdivision, the term "arraignment" shall mean the first appearance by a
person charged with a crime before a judge or magistrate, with the
exception of an appearance where no prosecutor appears and no action
occurs other than the adjournment of the criminal process and the
unconditional release of the person charged (in which event
"arraignment" shall mean the person's next appearance before a judge or
magistrate).
(ii) The written plan developed pursuant to this subdivision shall be
completed by December first, two thousand seventeen and shall include
interim steps for each county and the city of New York for achieving
compliance with the plan.
(iii) Each county and the city of New York shall, in consultation with
the office, undertake good faith efforts to implement the plan and such
plan shall be fully implemented and adhered to in each county and the
city of New York by April first, two thousand twenty-three. Pursuant to
section seven hundred twenty-two-e of the county law, the state shall
reimburse each county and the city of New York for any costs incurred as
a result of implementing such plan.
(iv) The office shall, on an ongoing basis, monitor and periodically
report on the implementation of, and compliance with, the plan in each
county and the city of New York.
(b) Caseload relief. Develop and implement a written plan that
establishes numerical caseload/workload standards for each provider of
constitutionally mandated publicly funded representation in criminal
cases for people who are unable to afford counsel.
(i) Such standards shall apply to all providers whether public
defender, legal aid society, assigned counsel program or conflict
defender in each county and the city of New York.
(ii) The written plan developed pursuant to this subdivision shall be
completed by December first, two thousand seventeen and shall include
interim steps for each county and the city of New York for achieving
compliance with the plan. Such plan shall include the number of
attorneys, investigators and other non-attorney staff and the amount of
in-kind resources necessary for each provider of mandated representation
to implement such plan.
(iii) Each county and the city of New York shall, in consultation with
the office, undertake good faith efforts to implement the
caseload/workload standards and such standards shall be fully
implemented and adhered to in each county and the city of New York by
April first, two thousand twenty-three. Pursuant to section seven
hundred twenty-two-e of the county law, the state shall reimburse each
county and the city of New York for any costs incurred as a result of
implementing such plan.
(iv) The office shall, on an ongoing basis, monitor and periodically
report on the implementation of, and compliance with, the plan in each
county and the city of New York.
(c) Initiatives to improve the quality of indigent defense. (i)
Develop and implement a written plan to improve the quality of
constitutionally mandated publicly funded representation in criminal
cases for people who are unable to afford counsel and ensure that
attorneys providing such representation: (A) receive effective
supervision and training; (B) have access to and appropriately utilize
investigators, interpreters and expert witnesses on behalf of clients;
(C) communicate effectively with their clients; (D) have the necessary
qualifications and experience; and (E) in the case of assigned counsel
attorneys, are assigned to cases in accordance with article eighteen-b
of the county law and in a manner that accounts for the attorney's level
of experience and caseload/workload.
(ii) The office shall, on an ongoing basis, monitor and periodically
report on the implementation of, and compliance with, the plan in each
county and the city of New York.
(iii) The written plan developed pursuant to this subdivision shall be
completed by December first, two thousand seventeen and shall include
interim steps for each county and the city of New York for achieving
compliance with the plan.
(iv) Each county and the city of New York shall, in consultation with
the office, undertake good faith efforts to implement the initiatives to
improve the quality of indigent defense and such initiatives shall be
fully implemented and adhered to in each county and the city of New York
by April first, two thousand twenty-three. Pursuant to section seven
hundred twenty-two-e of the county law, the state shall reimburse each
county and the city of New York for any costs incurred as a result of
implementing such plan.
(d) Appropriation of funds. In no event shall a county and a city of
New York be obligated to undertake any steps to implement the written
plans under paragraphs (a), (b) and (c) of this subdivision until funds
have been appropriated by the state for such purpose.