CRIMINAL MATTERS HANDLED BY
THE ASSIGNED COUNSEL PROGRAM
The Assigned Counsel Program performs the same function in Erie County as would a "public defender" program. It provides representation to defendants charged with crimes when they cannot afford to pay for private counsel.
In Buffalo City Court, there is a Public Defender program, which is part of The Legal Aid Bureau of Buffalo, Inc. The Public Defender provides the primary representation in that court, covering misdemeanors as well as felonies through the felony hearing stage, or until the case is dismissed for presentment to the Grand Jury. At that point, the Assigned Counsel Program takes over representation.
In Buffalo City Court cases in which there is a conflict of interest with the Public Defender an attorney from the Assigned Counsel Program will be appointed to represent the defendant, whether the case is a misdemeanor or a felony.
With the exception of Buffalo City Court, the Assigned Counsel Program provides all of the indigent defense representation in all of the 40 city, town and village courts in Erie County, as well as felony trial level representation in Supreme and County Courts in Erie County. It also handles representation at final parole revocation hearings, administrative parole appeals, criminal appeals to County Court and, in cases in which The Legal Aid Bureau cannot do so due to a conflict of interest, criminal and Family Court appeals to the Appellate Division, Fourth Department.