NYSBA Commends Governor, Legislature for Tackling Mental Health Crisis but Decries Sweep of $120 Million From Indigent Legal Services

By Susan DeSantis

May 9, 2025

NYSBA Commends Governor, Legislature for Tackling Mental Health Crisis but Decries Sweep of $120 Million From Indigent Legal Services

5.9.2025

By Susan DeSantis

Domenick Napoletano, president of the New York State Bar Association, issued the following statement about this year’s final budget:

“The New York State Bar Association is outraged by the sweep of $120 million for Indigent Legal Services to the State’s General Fund in this year’s final budget at a time when the ability of all New Yorkers to access justice is being placed under enormous stress. More than two decades ago, New York State rightfully established the Indigent Legal Services Fund to provide real improvements in the quality of the public defense system in New York.

“The maintenance and expansion of this program is vital for those seeking access to justice in our state, and in turn is critical to NYSBA’s mission. This transfer would negatively impact the quality of public defense in New York State and would simultaneously deprive rural upstate, as well as New York City, of sorely needed funding to support the quality public defense services for New Yorkers who cannot afford to retain an attorney. This action also sends a signal to our municipalities and public defense providers that the state may not live up to its commitment to funding constitutionally and statutorily mandated quality public defense.”

Mental Health

“In seeking to tighten the state’s involuntary treatment statutes and Kendra’s Law, the Legislature and Executive are justifiably seeking to tackle the crisis of mental health New York is facing. The 2023 NYSBA Task Force on Mental Health and Trauma Informed Representation Report noted that the concept of involuntary treatment must be crafted with the utmost care for the humanity and civil liberties of New Yorkers. Among the recommendations, the task force noted the need for a fully funded treatment system and the paramount need for diversion and treatment over incarceration. However, without the resources required to meet the moment, these despairing situations will continue. We are encouraged by this reform and will continue to study its effects to ensure the civil liberties of all New Yorkers are protected.”

Discovery Reform

“There are very impassioned attorneys who support the state’s amendments to the criminal discovery statutes, and many who have concerns about changing the standards. For those reasons, the bar’s leadership will be carefully analyzing the enacted laws and monitoring their implementation to determine how they align with association policy.”

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