A Conversation with Michael J. Dell on 18B Attorneys, Constitutional Rights of Children & Indigent in New York

NYCLA Amicus Curiae with host Daniel K. Wiig is proud to share our recent conversation with leading trial and appellate attorney Michael J. Dell, partner, Kramer Levin Naftalis & Frankel LLP. Representing NYCLA and joined by 9 New York bar associations, Michael J. Dell leads NYCLA's lawsuit in the Supreme Court, New York County, for declaratory and injunctive relief against the State and City of New York to prevent the continuing violation of the constitutional right of children and indigent adults to meaningful and effective legal representation by assigned private counsel in family and criminal court proceedings in New York City.   In 2001 the New York County Lawyers Association (NYCLA) brought a lawsuit seeking an increase in Assigned Counsel (18B attorneys) rates. 18B attorneys represent poor children and indigent citizens in New York and these attorneys have not seen a raise in their hourly rates in almost 20 years. Lady Justice's blindfold slips slightly when those seeking justice are deprived of the their Constitutional Rights.   NYCLA continues its longstanding commitment to promote the administration of justice. In 2020 the New York County Lawyers Association brought a new lawsuit & joined by 9 additional bar associations to equal access to justice by seeking an increase in the rates paid to Assigned Counsel.    On July 25, Supreme Court Justice Lisa Headley issued a preliminary injunction requiring the State of New York and the City of New York to pay18B assigned counsel for children and the indigent in criminal and family court cases in New York at the federal CJA rate of $158 per hour, retroactive to February 2, 2022, and to revisit and consider an increase at the same rate and at the same time that federal assigned counsel receive an increase in compensation. Listen now as Michael J. Dell shares the ins and outs of the case.