Report Condemning NY Public Defense Released

Low-income New Yorkers are not gettting proper legal representation when they go to court, according to the New York Civil Liberties Union (NYCLU). This organization, which is aimed at protecting the rights of all New Yokers, is preparing to go to court against the State in October over the "broken public affairs system."  

In a report released today, the NYCLU cited lack of funding for defense investigations, defendants appearing at arraignments without attorneys and defense lawyers being grossly overloaded with felony cases as major problems with the current legal system. This constitutes a "failure" on the state's part, the organization said. 

One New York man, Donald Tolfair, counts himself among those who have been affected by these issues. 

Tolfair was accused of robbery and arrested, though he maintains that he did not commit the crime. He was given a public defender for his arraignment, but said she was not effective. 

"I met my lawyer for the first time when I stood before the judge and the prosecutor," Tolfair said. "Knowing nothing about me, she was unable to defend me."

Tolfair ended up serving time for his alleged crime, something he believed would not have happened had he been given an attorney who was prepared to defend him.  

Both parties will appear in court October 7.