NYSBA Commends Governor, Legislature for Protecting Constitutional Rights of Children, Indigent Adults
4.23.2024
Richard Lewis, president of the New York State Bar Association, issued the following statement about the approval of the 2024-25 state budget, which includes continued funding to adequately pay 18-B attorneys to represent children and indigent adults:
“The New York State Bar Association commends the governor and the legislature for ensuring that the constitutional rights of children and indigent adults are protected in the criminal and family courts. The state budget includes money to pay assigned counsel, known as 18-B attorneys, $158 an hour.
“At the end of 2022, the New York State Bar Association filed suit to ensure that children and indigent adults could get meaningful and effective representation in family and criminal courts. At the time, lawyers outside of New York City were being paid $60 an hour for a misdemeanor and $75 an hour for a felony, the same amount they had been paid for nearly two decades.
“Failing to pay adequate compensation to represent children and indigent adults was a flagrant violation of the U.S. and New York constitutions. The failure to raise rates had led to fewer attorneys who were willing to take on these matters. Those who remained were overburdened and didn’t have sufficient time to devote to each case.
“We commend the governor and the legislature for continuing to provide adequate compensation in this year’s budget. We continue to advocate for funding for these necessary protections to come from the state rather than municipalities, and for a mechanism to be put in place for necessary funding increases in the future.”
