On May 6, 2010, the New York State Court of Appeals handed down a historic ruling reinstating a lawsuit filed by SRZ and the New York Civil Liberties Union challenging New York’s system for providing criminal defense lawyers to indigent defendants in five counties. Overturning a decision by the Appellate Division of the Third Department, which had dismissed the suit, the ruling by the state’s highest court paves the way for the lawsuit, Hurrell-Harring v. State of New York, to go forward.

The Hurrell-Harring suit seeks to remedy New York’s persistent failure to guarantee meaningful and effective legal representation to indigent people accused of crimes, in violation of their rights under the Sixth Amendment to the United States Constitution and the Constitution and laws of New York. The case was filed on behalf of all indigent criminal defendants in Onondaga, Ontario, Schuyler, Suffolk and Washington counties who have encountered an unconstitutional public defense system.

Working pro bono, SRZ attorneys traveled to courts and prisons to gather the necessary facts to support the claim that court-appointed lawyers in these counties are overwhelmed by huge caseloads and lack sufficient resources, and that many poor criminal defendants are paying the price. Many, for example, find themselves without a lawyer at critical court appearances, such as when bail decisions are made, resulting in the setting of unnecessary or excessive bail and, for those unable to pay, their incarceration until trial. SRZ and NYCLU attorneys also discovered instances where overburdened public defenders failed to meet or consult with clients at critical stages in their cases; failed to investigate the charges against their clients or to hire experts to assist with case preparation or testify at trial; failed to file important motions; and failed to provide meaningful consultation before their clients accepted a plea bargain, such as discussing whether a charge was appropriate or a viable defense existed.

All told, SRZ attorneys put in 8,500 hours getting to this point, but the hard work paid off. The Court of Appeals, in its 21-page decision, cited specific examples from our complaint of indigent people who had to wait weeks, or even months, after their arrest to consult with a lawyer, as a result of which some suffered the loss of their jobs, their homes and their ability to care for their families. In January 2011, the intermediate appellate court overruled the trial court, finding that the case may proceed as a class action on behalf of all indigent criminal defendants in the five counties. The litigation is now in the discovery phase, and SRZ is committed to helping the NYCLU bring the case to a successful conclusion.