Joseph Spector

Albany Bureau Chief

ALBANY – A bill that would require the state to pick up the tab from counties to pay for legal services for the poor was sent Tuesday to Gov. Andrew Cuomo’s desk.

The measure has been pushed by counties, who say the current system is inequitable and urging the state to fund the $434 million program.

The state Legislature passed the bill in June.

"This was a consensus bill because it balances critical priorities for a range of stakeholders," Dutchess County Executive Marcus Molinaro said in a statement Dec. 12.

"It improves legal services for the poor in counties across the state, and it provides mandate relief that will reduce the state’s reliance of county property taxes."

Cuomo has not indicated whether he would sign the bill. A spokesman said Tuesday the bill was under review. He has 10 days to either sign or veto it, not including Sundays.

A variety of groups, including the state Bar Association, the Legal Aid Society and public defenders, are also urging Cuomo to sign the bill into law.

The bill would require the state to pick up the cost of the program over a seven-year period.

Advocates said the problem is because counties now pay for the program, funding can vary across New York.

If the state funded it, the money could be better dispersed to meet the needs of each county to pay for legal representation to those who can't afford their own attorneys.

In 2014, the state settled a lawsuit with the New York Civil Liberties Union over funding for public defenders in five counties -- Suffolk, Washington, Ontario, Onondaga, and Schuyler -- which led the state to pick up more of the tab.

"This measure represents a major advance in providing quality legal representation to low-income criminal defendants, as required by the U.S. Constitution," Claire Gutekunst, the state Bar Association president, said in a statement.

County leaders have been clamoring for the change because it would take the cost off their books. The state pays for a portion of the program, but counties pay the majority.

The program cost Westchester County $20 million last year; nearly $5 million in Rockland County and $1.2 million in Putnam County.

In a statement last week, Westchester County Rob Astorino said the bill "provides real and meaningful mandate relief for counties and property taxpayers" and improves "legal defense services for the poor in all counties in the state.”