Legal Opinion

New York County Lawyers' Ass'n v. State

New York Supreme Court

Decided May 3, 2002PublishedCited by 9 opinions

1Opinion of the Court

*425OPINION OF THE COURT

Lucindo Suarez, J.

Equity and the administration of justice are at the core of this litigation. Herein lay two competing jurisprudential doctrines: the promise of Gideon1 pitted against the organic law that each branch of government should be free from interference by either of the other.

The issue in this motion for a preliminary injunction and declaratory judgment is whether New York State’s failure to increase the current compensation rates for assigned counsel has rendered hollow the constitutional and statutory right to counsel and obstructs the judiciary’s ability to…

2Cases cited51 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. In Re GAULTSupreme Court of the United States · 1967
  4. Gerstein v. PughSupreme Court of the United States · 1975
  5. People v. RiveraNew York Court of Appeals · 1988

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3Cited by9 opinions

  1. Kent A. Simmons Vs. State Public DefenderSupreme Court of Iowa · 2010
  2. Duncan v. StateMichigan Court of Appeals · 2009
  3. Maron v. SilverAppellate Division of the Supreme Court of the State of New York · 2008
  4. New York County Lawyers' Ass'n v. StateNew York Supreme Court · 2003
  5. Quitman County v. StateMississippi Supreme Court · 2005

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