Earlier this year, lawyers in New York City that work as assigned counsel received a retroactive raise in response to a lawsuit filed by the New York County Lawyers Association and several other bar associations. But attorneys who work as “assigned counsel” in the rest of the state haven’t received a raise in 18 years. These are known as 18B lawyers.
The assigned counsel system is used when courts appoint private attorneys to represent defendants who can't afford an attorney. The right to counsel is a constitutional right outlined in the Sixth Amendment.
The New York State Bar Association has also filed suit — this time, against the state of New York for better pay for attorneys who work in places other than New York City. According to New York State Bar Association's Sherry Levin Wallach, the case, which will be heard by the same judge who granted assigned counsel raises in New York City, should be dispatched relatively quickly.
“The push is clear that there needs to be something done to raise rates for assigned counsel,” she told Capital Tonight.
Levin Wallach also discussed how this suit is different from Hurrell-Harring, et al. v. State of New York, which was settled in 2015.
Click here for more on the case.