With less attorneys, however, it has become increasingly difficult to staff the eight hour shifts with assigned attorneys. In New York City Family Court there are simply not enough attorneys right now, and as a result cases are being adjourned and decisions being made without the benefit of counsel. And this occurs in the court responsible for child abuse, domestic violence and neglect proceedings, a court which directly impacts upon the lives and safety of children and women. Obviously the rates need to be increased. We support an hourly rate which is the same for felonies as for misdemeanors.
Misdemeanors are more complex now than ever before and require more time than in the past.
Because prosecutors will not plea bargain many misdemeanors, such as domestic violence cases, attorneys must prepare these cases for trial. Additionally misdemeanors, such as driving while intoxicated, have severe collateral consequences, including deportation and civil forfeiture of property. Consequently criminal defense attorneys now find themselves becoming experts in the areas of immigration law and civil practice. For a poor person the consequences of a misdemeanor conviction are no less compelling than those of a felony. An hour spent by an assigned attorney working on a misdemeanor case is no different than an hour spent working on a felony.