Indigent defense lawyers in NY getting a raise...

Indigent defense lawyers have been underpaid not only in NY, but also in CA.

this is a welcome development for NY, for defendants, lawyers, and the legal system in general.

for defendants, it means that perhaps there will better representation.

for lawyers, it means actually being able to make their rent, pay their student loans, and perhaps even meet their overhead expenses.

for the legal sytem in general, it means that more lawyers will be willing to work on the indigent defense panel, lessening the case burden on the few that already do, and give them more time to actually work on the client's case instead of showing up unprepared and trying to plea out.

CA is in much the same boat as NY, so it would be welcome news if CA followed suit and raised attorney fees from the measly $25/hour they are presently.

seriously, if law students knew that as criminal lawyers, they would only be paid $25/hour, no one would ever dream of doing crim law. those lawyers that do indigent defense, do it because of their commitment to the law, and because it is often the only way to ensure a steady stream of clients and work.

but if CA raised the rates, more and better crim defense attorneys would take these cases as a supplement to their regular case load. this would be a boon to the system, in which the ultimate goal is justice, and ensure that defendants' rights to competent representation are met.

$75/hour is a fair rate for a defense attorney, and they should get at least that for taking these cases -- most indigent defendants are in the crim law system, where it is most critical to have competent representation.

competent representation is not (in my opinion) showing up to court not having even read the charges and trying to plea bargain to avoid having to do any out of court work on the case.

also in my opinion, there ought to be a state mandated review (maybe a good job for the state bar???) every five years of the hourly rate, and periodic adjustments for cost of living increases.

I'd like to see how things change in NY as a result of this settlement, and see if the system is working better as a result. That way my argument would have stronger 'teeth'.