The Buffalo Legal Aid Bureau, a not-for-profit organization, believes it can significantly reduce the financial burden Erie County incurs in providing legal representation for indigent individuals in criminal and family courts. David Schopp, the bureau's executive director, has reached out to county officials, offering to expand the number of cases handled by the bureau. This initiative comes in response to County Executive Mark Poloncarz's considerations for alternative approaches to the current Assigned Counsel Program, which has recently experienced a surge in costs due to statewide increases in attorney compensation.
Schopp underscores the efficiency and cost-effectiveness his organization could bring to the table, proposing that the Legal Aid Bureau could manage these cases more affordably and competently. Currently, the bureau covers approximately 29% of Erie County's indigent defense cases, but Schopp suggests it could take on a greater share without expanding its current staff, barring cases outside the Buffalo City and Family Court systems.
In 2023 alone, Erie County has paid a staggering $20 million to around 250 attorneys under the Assigned Counsel Program. This program, as reported by local media, has seen payments to individual attorneys soar, with some earning upwards of $400,000 annually. Legal Aid Bureau, on the other hand, maintains a more modest salary scale, with attorneys earning between $80,000 to $115,000 and managing significant caseloads.
Highlighting the burgeoning costs of Erie County's Assigned Counsel Program, Schopp proposes a more consolidated approach where fewer Legal Aid attorneys could handle the same volume of cases currently managed by numerous assigned attorneys. Despite skepticism from Michelle Parker, the executive director of the Assigned Counsel Program, regarding Legal Aid's capacity to deliver cost-effective services without compromising quality, Schopp remains confident in his bureau's capabilities.
The state's increase in hourly rates for assigned attorneys—from $60-$75 to $158—has resulted in substantial financial implications for the program. However, Parker defends their system as being efficient due to the lack of union-related expenses and benefits, which are typical in government employment. While Legal Aid attorneys do receive benefits, including healthcare, retirement plans, and paid leave, these benefits remain limited compared to those available to county employees.
Presently, about 61% of Erie County's criminal defendants receive representation through the Assigned Counsel Program, according to Parker, with Legal Aid covering 28-29% and the remainder represented by independently hired attorneys. The services provided by both entities span various court systems, with specific roles in Buffalo City Court and Family Court cases.
Since its inception in 1912, the Legal Aid Bureau has evolved to serve not only criminal defendants but also indigent individuals across various legal disputes, demonstrating a long-standing commitment to supporting the underprivileged. The bureau's budget of $22 million annually is sourced from state and county funds, alongside grants and donations, underscoring their capability to take on an expanded role in legal defense.
Looking forward, a committee led by County Judge Susan Eagan and former District Attorney John J. Flynn is reviewing the current system and evaluating potential adjustments. Schopp has participated actively in discussions with this committee, advocating for the Legal Aid Bureau's potential contributions. The committee is expected to deliver recommendations to County Executive Poloncarz in the near future, potentially reshaping the framework of legal representation for Erie County's indigent population.
