The Dutchess County Public Defender’s plan to provide attorneys at certain arraignments in selected courts (see Jan. 9, New York Law Journal article, “Judges Concerned With Role in Criminal Defense Plan“) is not only unworkable, it may invite a flood of legal challenges from the defendants who will continue to be denied counsel at arraignments.
One of the primary purposes of providing an attorney at arraignment is to obtain the necessary information from the defendant to convey to the judge so he or she can make an intelligent decision on bail. The fundamental right to counsel at arraignments has been denied to defendants in New York since before the founding of this country and in most upstate courts, the unfortunate practice continues on a daily basis despite the Court of Appeals ruling in Hurrell-Harring v. State, 15 N.Y.3d 8, 930 N.E.2d 217 (2010).
