Gov. Hochul faces backlash over attempt to divert $120m from legal aid fund

Gov. Kathy Hochul is under scrutiny for her budget proposal to divert funds from the Indigent Legal Services, sparking widespread concern among legal advocates and professionals.
Photo: Hans Pennink/AP

The New York State Bar Association (NYSBA) has voiced strong opposition to Gov. Kathy Hochulโ€™s recent executive budget proposal, which aims to redirect $120 million from the Indigent Legal Services Fund to the stateโ€™s general fund.ย 

This move, coupled with the denial of a $46.3 million budget increase requested by Indigent Legal Services, has sparked concern among legal professionals and advocacy groups regarding the potential impact on legal aid for the stateโ€™s most vulnerable populations.

Richard Lewis, NYSBA president, criticized the proposal for jeopardizing essential legal services for indigent New Yorkers, particularly in areas such as Family Court and public defense. The proposal requires an annual appropriation for the distribution of these earmarked funds, a process that has repeatedly seen the executive branch withhold necessary funding, according to Lewis.

โ€œGov. Hochul is proposing to sweep $120 million earmarked for Indigent Legal Services into the stateโ€™s general fund,โ€ Lewis said. โ€œShe has also rejected a request from Indigent Legal Services for a $46.3 million increase over last yearโ€™s budget โ€” all of which would have come from the Indigent Legal Services Fund and none of which needed to be appropriated from the general budget.ย 

โ€œEven though these funds are earmarked, there must be an annual appropriation in the state budget for Indigent Legal Services to distribute the funds,โ€ Lewis continued. โ€œDespite annual requests to use these funds according to their designated purposes, the executive branch has declined to appropriate much-needed funding, creating the paradox of monies remaining in the fund but not being able to be distributed under the State Finance Law.โ€

The controversy follows a similar situation earlier…

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