Indigent Legal Services
For
Monroe County, New York

A.C.P.

Mark D. Funk, Esq., Assigned Counsel Administrator

 Mission Statement:                                  

The Monroe County Assigned Counsel Program (A.C.P.) is a panel of attorneys dedicated to providing high quality legal representation to the individuals of Monroe County who are unable to afford counsel in Criminal and Family court matters. The Assigned Counsel Administrator, or in exceptional circumstances the court, will assign a panel attorney when or if the Monroe County Public Defender or the Monroe County Conflict Defender is unable to represent an individual due to a conflict of interest.

We are committed to supporting the panel attorneys by eagerly and diligently advocating on behalf of their clients. We aim to fulfill the high quality standards of this county-wide program. Our goal regarding the client community is to ensure that the panel attorneys have necessary and proper resources available to zealously advocate and address collateral consequences of arrest and conviction. Training and support are available to our panel attorneys including  but not limited to case assistance, case conferencing, mentoring, legal research and continuing legal education.

 Overview:                                                       

This division was conceptually developed and designed through collaboration with the Monroe County Bar Association. It reflects an enhanced effort by the County to coordinate and fund the work of private attorneys appointed by the court to represent indigent clients. While the Public Defender’s Office usually provides legal services to indigent persons, occasions often arise in which two or more such individuals are accused of involvement in the same crime. Providing representation to more than one co-defendant can result in a conflict of interest for the Public Defender’s Office, and to avoid that possibility, the courts assign private counsel who receive compensation as regulated/mandated by New York State Law. Expenditures from the Legal Representation account involve payment of attorney fees, preparation costs for legal transcripts, and expenses associated with providing expert testimony (psychiatric evaluations, etc.). The account also provides funding for a full-time attorney along with one full-time and one part-time administrative support positions. Activities include the development and operation of a systematic process for the assignment of conflict cases, the design and implementation of internal and operational controls, voucher review, complaint resolution, new attorney orientation, continuing legal education, and the establishment of liaisons with various courts and the Bar Association. Beginning in January 1994, the Legal Representation division became responsible for the payment of foreign language and hearing impaired interpreters for services rendered in the local criminal courts. Under the Judiciary Law, the County is responsible for payment of these expenses.

 Key Processes:                                            

• Providing the Judicial System with a pool of competent private attorneys willing to accept conflict assignments.
• Ensuring the private bar an equitable distribution of conflict assignments.
• Providing the private bar with substantive and procedural assistance in handling conflict assignments.
• Providing the private bar with the opportunity for continuing legal education to ensure continued high quality service.
• Serving the people of Monroe County by monitoring the payments for conflict assignments and by designing procedures and policies that maximize the quality of representation while remaining cost effective.