NY State Senate Bill 2009-S2309

Senate Bill S2309

2009-2010 Legislative Session

Provides for the retention of qualified public defenders through assistance in repaying student loans

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to higher education
Feb 17, 2009	referred to higher education

co-Sponsors

2009-S2309 (ACTIVE) - Details

See Assembly Version of this Bill:: A3106
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §679-e, Ed L

2009-S2309 (ACTIVE) - Summary

Provides for the retention of qualified public defenders through assistance in repaying student loans.

2009-S2309 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2309

 TITLE OF BILL :

An act to amend the education law, in relation to the retention of
qualified public defenders through assistance in repaying student
loans


 PURPOSE OR GENERAL IDEA OF BILL :

This bill would help increase and retain the number of attorneys
willing to make a commitment to public service work.

 SUMMARY OF SPECIFIC PROVISIONS :

Section one of the bill amends Education Law ("EL") § 679-e to extend
the New York State District Attorney Loan Forgiveness Program to
attorneys who serve as public defenders. Specifically, the section
heading and subdivision one are amended to add the phrase "indigent
defense attorney." Subdivision two of EL § 679-e, which sets out
definitions, is amended as follows. The definition of "eligible
attorney" in paragraph (a), subparagraph (i) is amended to include an
indigent defense attorney, as defined in newly added paragraph (b).
New paragraph (b) defines the term indigent defense attorney. The
definition of "eligible period" is re-lettered from (b) to (c) and is

amended to include service as an indigent defense attorney.

Section two of the bill is the effective date.

 JUSTIFICATION :
This bill corrects an existing inequity in a statutory loan
forgiveness program, and will also help indigent defense offices
recruit and retain qualified young attorneys. In recent years because
of rising tuition bills young attorneys coming out of law school and
interested in serving the public as indigent defense attorneys have
entered these public service jobs with staggering student loans. Many
of these young attorneys have debts of $100,000 or more and monthly
loan payments of $1,000 or more. Unable to meet these payments on a
public sector salary, the burden of loan debt drives all too many of
them out of public service and into higher paying private sector jobs.
The consequences of this exodus from the public sector fall on the
residents of New York State who lose the services of these talented
attorneys.  New York has a strong interest in keeping these attorneys.
Similarly situated prosecutors in New York now receive loan
forgiveness assistance from the State, which has helped attract and
retain talented attorneys in the various District Attorney's offices.
To ensure a fair criminal justice system that has the confidence of
the public, it is essential that the system attract and retain
talented attorneys on both sides.  Our system works best when able
counsel on both sides zealously pursue the ends of justice. Thus the
proposed legislation seeks to restore balance to the criminal justice
system by attracting and retaining trained and talented public
defenders by offering them the same financial assistance in meeting
their student loan obligations that prosecutors currently receive.

 PRIOR LEGISLATIVE HISTORY :
A.11390/S.7972 (2008)

 FISCAL IMPLICATIONS :
To be determined.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2309 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2309

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 17, 2009
                               ___________

Introduced  by  Sen.  ADAMS  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Higher Education

AN ACT to amend the education law, in relation to the retention of qual-
  ified public defenders through assistance in repaying student loans

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  section  heading and subdivisions 1 and 2 of section
679-e of the education law, as added by section 1 of part H  of  chapter
56  of  the laws of 2007, paragraphs a and d of subdivision 2 as amended
by section 1 of part X of chapter 56 of the laws of 2008, are amended to
read as follows:
  New York state district attorney AND INDIGENT  DEFENSE  ATTORNEY  loan
forgiveness program. 1.  Purpose. The president shall grant student loan
forgiveness  awards  for the purpose of increasing the number of experi-
enced attorneys serving in the position of district attorney OR INDIGENT
DEFENSE ATTORNEY in the counties of the state.
  2. Definitions.  a. (i) "Eligible attorney" means an attorney,  admit-
ted  to  practice  law in New York state, who is a district attorney, as
defined in subparagraph (ii) of this paragraph,  who  is  employed  full
time  as a district attorney; OR WHO IS AN INDIGENT DEFENSE ATTORNEY, AS
DEFINED IN PARAGRAPH B OF THIS SUBDIVISION, WHO IS EMPLOYED FULL TIME AS
AN INDIGENT DEFENSE ATTORNEY; and who holds a degree from a  law  school
and was within the eligible period as defined in paragraph [b] C of this
subdivision  during  the time for which such person is seeking a student
loan expense grant.
  (ii) "District attorney" means the district attorney  of  one  of  the
counties  of the state or an employee of the office of any such district
attorney.
  b. "INDIGENT DEFENSE ATTORNEY" MEANS AN ATTORNEY, ADMITTED TO PRACTICE
LAW IN NEW YORK STATE, WHO IS A FULL-TIME EMPLOYEE OF ANY OF  THE  AGEN-
CIES  DESIGNATED  BY  SUBDIVISIONS  ONE AND TWO OF SECTION SEVEN HUNDRED

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03684-01-9

S. 2309                             2

TWENTY-TWO OF THE COUNTY LAW, WHO IS EMPLOYED FULL TIME AS  AN  INDIGENT
DEFENSE  ATTORNEY;  ENGAGED IN THE PRACTICE OF CRIMINAL LAW ON BEHALF OF
PERSONS CHARGED WITH A CRIME WHO ARE FINANCIALLY UNABLE TO OBTAIN  COUN-
SEL  AND  WHO HAS BOTH HELD A DEGREE FROM A LAW SCHOOL FOR NOT MORE THAN
ELEVEN YEARS AND WAS WITHIN THE ELIGIBLE PERIOD AS DEFINED IN  PARAGRAPH
C OF THIS SUBDIVISION DURING THE TIME FOR WHICH SUCH PERSON IS SEEKING A
STUDENT LOAN EXPENSE GRANT.
  C. "Eligible period" means the six-year period after completion of the
third  year  and before the commencement of the tenth year of employment
as a district attorney OR AN INDIGENT DEFENSE ATTORNEY.  For purposes of
this section, all periods of time during which an admitted attorney  was
employed  as a district attorney OR AN INDIGENT DEFENSE ATTORNEY and all
periods of time during which a law school graduate awaiting admission to
the New York state bar was employed by a prosecuting or criminal defense
agency as permitted by section four hundred eighty-four of the judiciary
law shall be combined.
  [c.] D. "Student loan expense" means the total loan  balance  required
to  be  paid  by  the  eligible  attorney on the cumulative total of the
attorney's outstanding student loans covering his or her cost of attend-
ance at an undergraduate institution and/or law school, at the  time  of
the attorney's first application for reimbursement. Interest paid or due
on  such loans shall be considered eligible for reimbursement under this
program. For purposes of this calculation, the  amount  of  the  student
loan expenses shall be reduced by any grants, loan forgiveness, or simi-
lar  reductions  to  the  attorney's  indebtedness that the attorney has
received or shall receive, including, but not  limited  to,  law  school
loan forgiveness and public service scholarships.
  [d.]  E.  "Year  of  qualified  service" means the twelve month period
measured from the anniversary of the attorney's employment as an  eligi-
ble  attorney, or as a law school graduate awaiting admission to the New
York state bar employed by a prosecuting or criminal defense  agency  as
permitted  by  section  four  hundred  eighty-four of the judiciary law,
adjusted for any interruption in employment.   Any period  of  temporary
leave from service taken by an eligible attorney shall not be considered
in  the  calculation of qualified service. However, the period of tempo-
rary leave shall be considered an interruption  in  employment  and  the
calculation  of  the  time  period of qualified service shall recommence
when the eligible attorney returns to full time service.
  S 2. This act shall take effect immediately.

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Senate Bill S2309

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Sponsored By

Eric Adams