Thursday, May 6, 2010

Challenge to NY's Public Defender System

Here's a case to watch: a class-action suit brought against New York State on the behalf of criminal defendants who say that they've been unjustly served by the State's public defender system. The ruling that just came down allows the case to either go to trial or to end in a settlement. What's interesting about the decision is that both the majority and minority opinions agreed on the fact that many defendants are being denied their Sixth Amendment right to counsel. The basis of the dissent was that the Public Defender system is not within the purview of the judiciary, and that reform efforts should come from the legislature instead.

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