Indigent Legal Services, Office of

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Agency Web Site: https://www.ils.ny.govLink to External Website

Mission

The Office of Indigent Legal Services and the associated Indigent Legal Services Board are responsible for examining, overseeing, and improving the quality of New York's county-based system of providing legal representation to people who are unable to afford an attorney.

Organization and Staffing

The Office and nine-member Indigent Legal Services Board were created in 2010 to assist county governments in providing counsel to those persons who are legally entitled to counsel, but cannot afford to hire an attorney. The Board is appointed by the Governor and chaired by the Chief Judge of the Court of Appeals. The Board is responsible for nominating a Director to run the day-to-day operations of the Office.

Budget Highlights

The FY 2024 Executive Budget recommends $366.6 million All Funds support for the Office of Indigent Legal Services, and a workforce level of 32 FTEs.

Program Highlights

Indigent Legal Services Program

The Office is responsible for the distribution of State funds appropriated to the counties from the State’s Indigent Legal Services Fund. The State established this dedicated Fund in 2003 to assist localities in meeting the duty to provide legal representation to persons unable to afford counsel. The Office distributes these funds to improve the quality of indigent legal services provided by the counties.

Hurrell-Harring Settlement Program

The Office is responsible for implementing the terms of the Hurrell-Harring Settlement (HHS), in which the State will provide counsel at arraignment, establish caseload standards and eligibility criteria, and improve the quality of defense in the following five counties: Onondaga, Ontario, Schuyler, Suffolk, and Washington.

Hurrell-Harring Settlement (HHS) Statewide Implementation

The Office is tasked with the statewide implementation of counsel at arraignment, Caseload Standards for providers of indigent legal services, and quality improvement initiatives in a manner similar to the plans implemented by the Hurrell-Harring Settlement.

ALL FUNDS
APPROPRIATIONS
(dollars)
Category Available
FY 2023		 Appropriations
Recommended
FY 2024		 Change From
FY 2023		 Reappropriations
Recommended
FY 2024
State Operations 7,234,284 7,250,000 15,716 0
Aid To Localities 359,310,000 359,310,000 0 1,037,957,000
Total 366,544,284 366,560,000 15,716 1,037,957,000

ALL FUND TYPES
PROJECTED LEVELS OF EMPLOYMENT BY PROGRAM
FILLED ANNUAL SALARIED POSITIONS
Program FY 2023
Estimated FTEs
03/31/23		 FY 2024
Estimated FTEs
03/31/24		 FTE Change
Indigent Legal Services Program
Special Revenue Funds - Other 19 19 0
HHS Statewide Implementation
Special Revenue Funds - Other 6 6 0
Hurrell-Harring Settlement
Special Revenue Funds - Other 7 7 0
Total 32 32 0

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type Available
FY 2023		 Recommended
FY 2024		 Change
Special Revenue Funds - Other 7,234,284 7,250,000 15,716
Total 7,234,284 7,250,000 15,716
Adjustments:
Transfer(s) From
Special Pay Bill
General Fund (276,284)
Appropriated FY 2023 6,958,000

STATE OPERATIONS
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program Available
FY 2023		 Recommended
FY 2024		 Change
HHS Statewide Implementation
Special Revenue Funds - Other 1,430,000 1,483,000 53,000
Hurrell-Harring Settlement
Special Revenue Funds - Other 1,385,000 1,481,000 96,000
Indigent Legal Services Program
Special Revenue Funds - Other 4,419,284 4,286,000 (133,284)
Total 7,234,284 7,250,000 15,716

STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2024 RECOMMENDED
(dollars)
Program Total Personal Service
Amount Change Amount Change
HHS Statewide Implementation 1,483,000 53,000 780,000 38,000
Hurrell-Harring Settlement 1,481,000 96,000 779,000 64,000
Indigent Legal Services Program 4,286,000 (133,284) 2,276,000 (62,700)
Total 7,250,000 15,716 3,835,000 39,300
STATE OPERATIONS - OTHER THAN GENERAL FUND
SUMMARY OF APPROPRIATIONS AND CHANGES
FY 2024 RECOMMENDED CONTINUED
(dollars)
Program Nonpersonal Service
Amount Change
HHS Statewide Implementation 703,000 15,000
Hurrell-Harring Settlement 702,000 32,000
Indigent Legal Services Program 2,010,000 (70,584)
Total 3,415,000 (23,584)

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY FUND TYPE
APPROPRIATIONS
(dollars)
Fund Type Available
FY 2023		 Recommended
FY 2024		 Change
General Fund 750,000 0 (750,000)
Special Revenue Funds - Other 358,560,000 359,310,000 750,000
Total 359,310,000 359,310,000 0

AID TO LOCALITIES
ALL FUNDS FINANCIAL REQUIREMENTS BY PROGRAM
APPROPRIATIONS
(dollars)
Program Available
FY 2023		 Recommended
FY 2024		 Change
Article 18-B Family Court Representation
Special Revenue Funds - Other 3,750,000 4,500,000 750,000
HHS Statewide Implementation
Special Revenue Funds - Other 250,000,000 250,000,000 0
Hurrell-Harring Settlement
Special Revenue Funds - Other 23,810,000 23,810,000 0
Indigent Legal Services Program
General Fund 750,000 0 (750,000)
Special Revenue Funds - Other 81,000,000 81,000,000 0
Total 359,310,000 359,310,000 0

Note: Most recent estimates as of 02/01/2023

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