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State ILS briefs county on creating regional managing attorney for assigned-counsel program; salary and residency trigger debate
Summary
State ILS staff presented the role and funding behind a proposed regional assigned-counsel managing attorney and coordinator. Committee members debated hiring rate, parity with county chief positions, residency requirements and whether the position should carry any caseload; ILS encouraged posting at a competitive level and said funding comes from the ILS special fund and state appropriations under Executive Law 8324.
State ILS representatives appeared before the administration committee to discuss establishing a regional assigned-counsel managing attorney to oversee assigned-counsel (18-B) programs for Otsego and neighboring counties.
An ILS speaker described the managing attorney as a legal leader responsible for program oversight, panel management, voucher review, mentoring and access to investigators and mitigation experts. ILS said the position should be an attorney to exercise the necessary legal oversight and recommended parity with county chief-level hiring scales to recruit experienced candidates. An ILS presenter noted that ILS funding comes from a special state fund (revenue sources include certain fees and dedicated appropriations) and that the state has committed dedicated funding tied to Executive Law 8 32 4 and program standards.
Committee members debated the appropriate hiring range and whether the position would create pay inequities within locally employed trial attorneys. Concerns included a limited pool of qualified candidates, the need for fiscal oversight of 18-B vouchers and whether residency requirements should be relaxed to recruit candidates from contiguous counties. Several members recommended posting the position broadly and then using the hiring process and ILS support to ensure a qualified hire. The committee agreed to advertise the managing-attorney position and to consider a coordinator role and residency options at a future meeting.
