NYSBA President Urges State Legislature To Reject Sweep of up to $120 Million From Crucial Fund That Ensures Access to Justice
2.13.2025
Domenick Napoletano, president of the New York State Bar Association, urged the state Legislature today to reject Gov. Kathy Hochul’s proposal to sweep up to $120 million from the Indigent Legal Services fund to the state’s general fund.
“The Indigent Legal Services fund is crucial in ensuring that New York State, its 62 counties and more than 1,000 towns and villages meet their duty to provide lawyers to New Yorkers who cannot afford them,” Napoletano said. “The sweep of up to $120 million from the fund is unjust and deprives our most vulnerable neighbors of legal help when facing the most consequential moments in their lives – including whether they will be allowed to remain free. Access to justice is critical to the New York State Bar Association’s mission, and that is why we object to the governor’s proposal.”
In written testimony submitted to the Joint Legislative Fiscal Committees of the state Legislature, which is meeting today, Napoletano also urged the governor and Legislature to establish a statewide system for reviewing assigned counsel rates.
“Establishing a stable, sustainable, and recurring source of funding to benefit all the needy individuals who require the services of court-appointed attorneys will ensure that every New Yorker can realize their constitutional right to fair and quality representation,” Napoletano said.
In his testimony, Napoletano advocated for the right to counsel for low-income tenants facing eviction and foreclosure, immigrants facing deportation, and children and families who are subjects of child custody investigations.
“There is currently no legal obligation to notify a child’s parent or caretaker of their right to consult with an attorney, the right to refuse to disclose personal information about the family, or the right to refuse to allow the caseworker to conduct a search of their home before a court order has been obtained,” Napoletano said.
The NYSBA president also reiterated the association’s position on student loan forgiveness for attorneys who locate in rural areas.
“When debilitating student loan payments prevent young people from pursuing a legal career, the result is a dearth of attorneys in underserved areas,” he said.
