March 30, 2017

The Honorable Andrew M. Cuomo

Governor of New York State
NYS State Capitol Building
Albany, NY 12224

An open letter, by facsimile: 518-474-1513

Dear Governor Cuomo:

On behalf of the Governmental Affairs Office of the American Bar Association (ABA), I write to
reemphasize the American Bar Associations strong support for independent oversight of public
defenders, as discussed in the ABAs previous, attached communications.

At this crucial juncture, I read the New York Assemblys budget bill to embrace oversight by the
Office of Indigent Legal Services. Further, I understand the New York Senates silence on the
matter in their budget bill as withholding support for your proposal. I am concerned that you
have not yet withdrawn your proposal for oversight by the Division of Budget.

I understand that while some New York Governors have initially proposed executive branch
oversight of public defenders, ultimately over 30 years of Governors have come to embrace the
independent public defense function.
I know that I am in good company in looking forward to a successful negotiation in which the
state guarantees independent oversight, as over 200 organizations support maintaining the
independent oversight by the Office of Indigent Legal Services.

Thank you for considering the views of the American Bar Association.

Sincerely,

Thomas M. Susman

cc: New York State Senate Majority Leader John J. Flanagan, via flanagan@nysenate.gov
New York State Assembly Speaker Carl Heastie, via speaker@nyassembly.gov