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Courtroom. REUTERS Chip East

Civil legal access is a criminal-justice concern: Nassau DA

10/4/2012 COMMENTS (0)

By Jessica Dye

NEW YORK, Oct 4 (Reuters) - Increasing low-income individuals' access to civil courts can help prosecutors prevent public safety crises down the road, Nassau County District Attorney Kathleen Rice said at a public hearing on Thursday.

Rice was the lead witness in the final of four statewide hearings on access to civil legal services for New Yorkers, which has been a top priority of Chief Judge Jonathan Lippman since he took office in 2009.

"Access and quality of representation for all is the heart of a preventative front-end public safety strategy," Rice said during the hearing at Nassau County Supreme Court on Long Island.

Rice is the president-elect of the District Attorneys Association of New York.

Many times, Rice said, prosecutors are ethically barred from giving legal help to crime victims or defendants in related civil actions -- for instance, in family court proceedings for domestic violence victims or in home foreclosures. A lack of available civil legal services could make it more difficult to address the "root problems" underlying the criminal activity, she said.

Other witnesses at the hearing discussed the need to increase language translation services in courts, the access to representation for mental health patients and the dire need to fund court-appointed lawyers in Article 81 guardianship proceedings.

Several witnesses spoke about foreclosures, including Suffolk County District Administrative Judge Randall Hinrichs.

Long Island continues to be hard-hit by foreclosures, and the need for homeowners and tenants to have legal representation is as great as when the housing crisis first hit, he said.

"The potential solution is so much better when there's an attorney involved."

The New York courts have secured $40 million in funding this year for civil legal services for low-income individuals. Lippman, who has said that amount is not enough, said Thursday that the court system expects to release the latest report on civil legal services and its new funding request around Dec. 1.

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