Assigned Counsel: discovery reforms and higher 18‑B rates push up public‑defense costs; new state aid trims county share
Summary
The county’s Assigned Counsel office told legislators increased defense costs tied to higher statutory 18‑B rates and discovery reforms have raised the mandated budget baseline. The office said recently announced state aid will reduce the county’s 2026 local share by roughly $300,000 compared with the initial recommendation in the budget book.
Lance Salisbury, director of the county Assigned Counsel program, told the Expanded Budget Committee that statewide changes — higher 18‑B hourly rates for assigned counsel and discovery‑reform requirements that increase attorney workload — pushed 2024 costs to a new baseline. Salisbury said many trial filings and discovery obligations are increasing attorney hours billed under the mandate.
“Mandated costs have increased the last couple years due mainly to the impact of increase of 18‑B rates and then the impact of discovery reform, which has increased work,” Salisbury said, summarizing recent cost drivers for the program.
Salisbury said the program’s 11‑71 mandated budget reflects the anticipated higher baseline; however, he also reported good news: after the budget book was printed his office received notification of additional New York State aid for family‑court services. That aid increases the state reimbursement for certain mandated categories and, according to Salisbury, reduces the county share of the Assigned Counsel 2026 budget by roughly $300,000 from the originally printed local‑share number.
Salisbury said the office is managing costs where possible (for example by reducing postage through increased use of electronic case messaging) but that the core fiscal pressure is statewide policy. The office does not request enhancements and had limited discretionary lines to trim, he said. The committee will consider updated state aid figures as part of the budget amendment process.
