In its 2006 Final Report, the Commission on the Future of Indigent Defense Services (Kaye Commission Report) identified, among other things, the lack of statewide, uniform standards for determining eligibility for assigned counsel as one of the many problems facing New York’s public criminal defense system. The Kaye Commission noted that “a defendant may be deemed eligible for appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county.”

Pursuant to Section VI of the Hurrell-Harring Settlement, as amended, on April 4, 2016, ILS created and issued the Criteria and Procedures for Determining Assigned Counsel Eligibility (“the Eligibility Standards”) “to guide courts in counties outside New York City in determining whether a person is eligible for Mandated Representation.” Notably, creation of the Eligibility Standards is the only component of the Settlement that applies statewide (outside New York City), and not just in the five Hurrell-Harring counties. These Criteria and Procedures result from ILS’ research into the law, national and statewide professional standards, current practices, and recommendations made by people throughout the state; on-line surveys it conducted of judges, magistrates, and providers of public defense, asking questions about current eligibility practices; and public hearings it conducted in all 8 judicial districts outside New York City. (see also: Determining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement: Final Report).

Annual Eligibility Reports
Eligibility Standards, Related Documents and Resources
Eligibility Training Documents
Eligibility Public Hearings
Eligibility FAQs
National and State-Specific Eligibility Resources