http://disqus.com/by/janean/enMon, 13 Apr 2009 14:25:02 -0000http://dailygotham.com/rockhackshaw/blog/makingthecaseforanindependentpublicdefensecommission#comment-8120681<p>Rock, there is not a proposal to create a local public defender but to create a statewide Independent Public Defense Commission to oversee public defense for those who cannot afford a private lawyer -- more than 80 percent of those charged. Our current system is a county-based system that is appalling, as a report to former Chief Judge Judith Kaye discovered when they studied it and declared the current system "an on-going crisis." Creating an Independent Public Defense Commission would NOT mean that city groups like Legal Aid that now provide public<br>defense services would be replaced at all. The report of the Kaye Commission specifically envisioned the IPDC contracting with local groups like Legal Aid to provide the services. That is why Legal Aid and every other major legal defense group, bar association, religious group, civic association, the legislature's minority caucus, etc., that looked at the issue supports it. The state just capped caseloads for Legal Aid in the city, which is a good start -- but just a start -- towards making sure that the constitutional right to an effective defense is meaningful. It means that defendants should have access to investigatory resources, their lawyers should be properly trained, etc., in order to ensure their rights mean something.</p><p>Right now in Albany, we have the governor and leaders of both chambers of the legislature supporting creating an IPDC for the first time. Those who believe in constitutional rights should be contacting them and telling them that justice delayed is justice denied, and it is time for this to happen at long last.</p>janeanMon, 13 Apr 2009 14:25:02 -0000