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Ulster County approves pay changes after state directive to reduce public defender vacancies

5807094 · September 4, 2025
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Summary

The county legislature approved a resolution to amend the 2025 budget and increase pay for public defenders and assigned‑counsel staff after the New York State Office of Indigent Legal Services found salaries noncompetitive and cited high vacancy and caseload problems; the county plans to use Hurrell‑Harring funding for part of the increase.

The Ulster County Law Enforcement and Public Safety Committee voted Sept. 3 to amend the 2025 county budget to increase salaries and pay rates for assistant public defenders, the public defender and the assigned‑counsel administration after a directive from the New York State Office of Indigent Legal Services (ILS).

Deputy County Executive Capuano told the committee the change responds to an ILS finding that Ulster County salaries for public defenders are not competitive, contributing to a high vacancy rate and overloaded caseloads that have prevented public defenders from accepting new cases.

"ILS has come down and said at this point, because our salaries are so low, they're not competitive with the market," Capuano said. He said the change aligns with findings from the county’s Baker Tilly salary study.

Nut graf: the adjustments aim to reduce conflicts and caseload pressure in the public defender’s office by raising pay to attract and retain attorneys; until vacancies are filled the county will expand assigned counsel coverage for criminal matters.

County officials said the assigned‑counsel ("18‑B") administrator will temporarily provide private‑attorney coverage in Kingston City Court for about 20% of cases that would otherwise go to public defenders, reducing burdens while the county recruits new hires. The county expects part of the increases for criminal‑court work to be supported by state Hurrell‑Harring settlement funds; family‑court pay increases will be covered by the county share, officials said.

Assigned Counsel Administrator John Stegmore told the committee low posted salaries have discouraged applicants. He said comparable counties pay materially more — citing Greene County, which he said was paying roughly $119,000 for similar public defender roles while Ulster’s salaries were substantially lower — and that Ulster had lost attorneys to other county offices, including district attorney offices and nearby counties.

Capuano said the county will reach back out to previous candidates and use networks to recruit, and that the pay changes will be the first step in implementing Baker Tilly’s broader recommendations.

Committee members discussed the role of the 18‑B program. Stegmore noted private assigned‑counsel attorneys receive higher hourly rates to cover office overhead, malpractice insurance and the lack of benefits, which helps explain higher 18‑B pay rates.

The committee approved the budget amendment by voice vote; the resolution will be incorporated into the county budget and carried forward with implementation planning for the salary adjustments.

Officials said they will continue outreach to potential applicants and monitor vacancy rates as the county implements the pay structure changes recommended by Baker Tilly and directed by ILS.