BINGHAMTON, N.Y. – Expressing disgust with the State Legislature’s failure to address the assigned counsel dilemma, a judge in Binghamton has directed Broome County to pay attorneys the extra compensation ordered by trial judges – or face contempt.
Supreme Court Justice Patrick D. Monserrate said that while the judiciary should tread cautiously when possibly intruding on the province of the other two branches of government, “indolent inaction” invites judicial intervention. And in the continuing saga of assigned counsel rates, 16 years of inaction and legislative “intransigence” has caused a “constitutional crisis” that demands that the Third Branch take action, Justice Monserrate said.
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