The Court of Appeals has reinstated a civil suit contending that the constitutional right to counsel of indigent criminal defendants in five New York counties was abridged under a system for providing representation that is funded and controlled by the localities. However, the New York state high court concluded that the case could go forward only to the extent that it claimed that lawyers had not appeared for the plaintiffs at crucial stages of proceedings or were otherwise "unavailable" to consult with clients.
N.Y. High Court Reinstates Challenge to Representation of the Poor
New York Law Journal
May 7, 2010