QUEENSBURY — Increases in indigent defense eligibility expected to go into effect across the state in October could have a drastic impact on the Warren County budget. What that means in a dollar amount, however, remains to be seen.
Joy A. LaFountain, Warren County Assigned Counsel Office administrator, met with the Criminal Justice and Public Safety Committee, explaining some of the areas that will see the biggest changes.
A report released earlier this month by New York State Office of Indigent Defense recommended the eligibility requirements be increased to 250 percent under the federal poverty level guidelines.
The goal of the increase, according to William Leahy, director of the state’s Office of Indigent Defense, is to create a more uniform eligibility policy for following federal poverty level guidelines.
The current regulations quality a single person if they make less than $14,850 annually.
“Almost every county has always used 125 percent,” said LaFountain. The fallout of the change would be immediate and, she said, “possibly double the amount of people applying or (that will be) potentially eligible.”
Other changes allow third party income to be removed from the application.
This means, a minor does not have to include a parent’s income.
Joint or household income is no longer part of the process. A married person applying for assigned counsel will be looked at as an individual, instead of part of a couple sharing income
“This will also increase client volume,” said LaFountain.
In addition to the increased case loads, which could prompt the hiring of more staff, physical changes to the office are likely necessary.
New requirements state applications should be completed in a confidential setting.
“This is problematic,” said LaFountain. “My current location is not conducive to confidentiality for applicants.”
LaFountain did not ideas on how to remedy her current location, in the middle of a hall with office on either end where conversations can be heard.
It was suggested that the Facilities Committee take a look at possible solutions.
Horicon Supervisor Matt Simpson said he had a lot of concerns about the new requirements.
“It seems to be another unfunded mandate that will really impact this office,” he said.
Mark LaVigne, deputy director for the New York State Association of Counties, said Simpson’s thoughts were echoed throughout the state.
“It is important for the state to take on fiscal responsibility for this state concern,” he said.
Across the state, the effects will be felt, though in some counties it will be worse than others.
“It’s largely dependent on structure of existing public defense program,” he said.
For some, it could mean hiring new staff or contracting with additional legal counsel to take on the added case loads.
For some, like Warren County, it could require physical changes to office space.
Simpson said he would like to see the state reimburse counties for the extra expenditures.
