In Hurrell-Harring v. State of NY, 15 N.Y.3d 8, 20 (2010), the New York State Court of Appeals held that arraignment is a “critical stage” of a criminal prosecution which requires the presence of defense counsel as a matter of constitutional law. The Court found, “nothing in the statute [CPL§ 180.10(3) which provides for counsel at arraignment] may be read to justify the conclusion that the presence of defense counsel at arraignment is ever dispensable, except at a defendant’s informed option, when matters affecting the defendant’s pretrial liberty or ability subsequently to defend against the charges are to be decided.” Hurrell-Harring, 15 N.Y.3d at 21. Moreover, there are other important issues at stake at arraignment that arise from the possibility of pre-trial incarceration. Those facing pre-trial detention often experience loss of employment and/or housing, the inability to financially support or care for family members, and loss of the day to day support of family and community. Studies have shown that clients who are incarcerated during their criminal matters are more likely to be sentenced to jail or prison and receive longer sentences. See, Pretrial Criminal Justice Research, Laura and John Arnold Foundation (2013).

As detailed in ILS’s 2015 Final Plan for Implementing the Counsel at Arraignment Requirements of the Hurrell-Harring Settlement and the four subsequent Update Reports (2016-2019), all of which are posted here, developing and sustaining successful counsel at arraignment programs requires both sufficient state funding and resolute commitment from all stakeholders. Constraints such as high case volume courts or geographically disparate courts can be overcome with thoughtful planning. The experience of the five Hurrell-Harring counties demonstrates that it is possible to provide counsel at arraignment for every defendant in all New York State’s diverse counties.

Counsel At Arraignment Plan, Updated October 2018
Counsel At Arraignment Plan, Updated October 2017
Counsel At Arraignment Plan, Updated November 2016
Final Counsel At Arraignment Plan, November 2015