Demand that New York Increase Funding for Legal Aid Attorneys in Civil Cases

The Chief Justice of New York State's highest court, saying there is a "crisis of the unrepresented," is calling on the New York State Legislature and the Governor to significantly increase the funding for attorneys who represent those living in poverty in civil cases. Chief Judge Jonathan Lippman noted "we cannot succeed in the years ahead if we allow the indigent in our state to fall off the cliff." 

From watching countless films and television programs over the years, most of us know our Miranda rights - "You have the right to an attorney. If you cannot afford an attorney, one will be appointed to you." Except that this is only in the case of criminal actions where jail time is a possiblity.

A Task Force was appointed and recently issued a report (pdf) examining the issue of unrepresented New Yorkers in civil cases. There are over 2.3 million people each year who cannot afford an attorney in a civil case. The proposed increase would be $100 million (phased in over four years), and would be for what the Judge and Task Force are calling the "essentials of life," including eviction prevention, foreclosures, access to health care, seeking disability benefits, consumer credit issues, among others. Just look at the statistics - New Yorkers in over 98% of eviction cases and 99% of consumer credit cases are unrepresented each year. Landlords and collection agencies have legal representation, knocking over the scales of justice to create in imbalance of injustice.

We know $100 million is a lot of money, but it is only 3% of the $3 billion yearly judicial budget. In the long run this investment in human capital will be more cost effective for the state. The Report finds that New York doesn't receive over $400 million in Federal funds because unrepresented New Yorkers lose their right to obtain such funds. Moreover, having additional legal representation would improve the efficiency and effectiveness of the legal system as many cases could be settled before even reaching the courtroom.

There are millions of people who are only a paycheck away from extreme poverty. Anyone can become homeless. Join us in calling on the Governor and the Legislature to increase funding for attorneys who represent those living in poverty in civil cases.

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