How Public Defense Works Across New York's 62 Counties

New York does not run one statewide public defender office. Each of the state's 62 counties, plus New York City, must provide a lawyer to anyone charged with a crime who cannot afford one. That duty comes from the Sixth Amendment, the 1963 Supreme Court ruling in Gideon v. Wainwright, and Article 18-B of the New York County Law. The result is a patchwork. Some counties run a government public defender office, some contract with nonprofit legal aid groups, and many pair an office with a panel of private attorneys.

This page lists county-run offices from Albany County Public Defender on South Pearl Street to Plattsburgh Public Defender on Durkee Street in the far north. Our listings cover about half of the state's counties. If yours is missing, it probably uses a legal aid society or an assigned counsel program instead, and the county court clerk can tell you which.

Article 18-B, the Office of Indigent Legal Services, and Who Pays

County Law Article 18-B requires every county to adopt a plan for representing people who cannot afford counsel. The statute allows four models: a county public defender, a nonprofit legal aid society, a panel of assigned private attorneys, or a combination. Albany County Public Defender, Broome County Public Defender and Ulster County Public Defender are examples of the first model. Counties with a public defender office usually keep a separate panel of private lawyers for cases the office cannot take, such as conflicts of interest.

For decades counties paid nearly all of the cost, and quality varied from one courthouse to the next. In 2007 a class-action lawsuit, Hurrell-Harring v. State of New York, argued that the state was failing to protect the right to counsel. It ended in a settlement covering five counties: Ontario, Onondaga, Schuyler, Suffolk and Washington. The state had created the Office of Indigent Legal Services, known as ILS, in 2010. In 2017 it extended major reforms statewide, including counsel at a person's first court appearance, caseload standards, and state grant money to help counties meet them.

ILS sets standards and distributes funding, but it does not represent individual clients. Your lawyer works for the county office, the nonprofit, or the assigned panel. Questions about your own case go to that lawyer first, and to the head of the office if you cannot resolve them.

Funding matters in a practical way. Better-funded offices can hire investigators and social workers, and reasonable caseloads mean your lawyer has time to read the file before court.

Public Defender Offices by Region: Western New York to the North Country

These offices are county-run, so you contact the one in the county where your case is pending, not necessarily where you live. The phone numbers and street addresses below come from our listings. Call before you visit.

Western New York. Buffalo Public Defender, at 300 Pearl Street (716-551-3341), is in Erie County. Nearby, the Niagara County Public Defender is at 175 Hawley Street in Lockport (716-439-7071). Chautauqua County's office is at 3 North Erie Street in Mayville (716-753-4339), Cattaraugus County's is at 175 North Union Street in Olean (716-373-0004), and Orleans County's is at 1 South Main Street in Albion (585-589-7335).

Southern Tier and central New York. Broome County Public Defender is at 229 State Street in Binghamton (607-778-2403). Tioga County's office is at 171 Main Street in Owego (607-687-8670), Chemung County's is at 163 Lake Street in Elmira (607-737-2969), Cortland County's is at 60 Central Avenue in Cortland (607-753-5046), and Otsego County's is at 193 Main Street in Cooperstown (607-547-8772). Chenango County is served from 12 Green Street in New Berlin (607-847-8803).

Capital Region and Hudson Valley. Albany County Public Defender is at 60 South Pearl Street (518-447-7150), and Saratoga County's office is at 40 McMaster Street in Ballston Spa (518-884-4795). Fulton County's is at 55 East Main Street in Johnstown (518-736-5820), Greene County's is at 411 Main Street in Catskill (518-719-3220), and Ulster County's is at 18 Lucas Avenue Extension in Kingston (845-340-3234). Rockland County Public Defender is at 11 New Hempstead Road in New City (845-638-5660).

North Country, Adirondacks and Finger Lakes. St. Lawrence County Public Defender is at 48 Court Street in Canton (315-379-2393), and Franklin County's is at 355 West Main Street in Malone (518-481-1624). Plattsburgh Public Defender is at 14 Durkee Street (518-561-4982), and Warren County's office is at 1340 U.S. 9 in Lake George (518-761-6207). In the Finger Lakes, Ontario County's office is at 112 Seneca Street in Geneva (315-781-0527), Wayne County's is at 26 Church Street in Lyons (315-946-7472), and Yates County's is at 415 Liberty Street in Penn Yan (315-536-0352).

One listing needs a note. Steuben County Public Defender, 35 Glen Street in Alfred (607-587-8188), is filed under Allegany County in our data. Alfred is in Allegany County, so call to confirm which county's cases that office handles.

Metro Versus Rural: Why Your Experience Depends on the County

Size drives most of the differences. Buffalo, Albany and Binghamton run established offices with many attorneys. Smaller counties may have only a handful of lawyers covering several courts, and in some rural counties those lawyers also keep private practices. That makes it worth leaving a clear message with your name, charge, and next court date.

New York has more than 1,000 town and village courts, and many of their justices are not lawyers. Some of these courts sit only on certain evenings. Ask the clerk when the court meets and whether a defense lawyer attends arraignments. Serious felony cases move up to county court, where the county's defense provider continues the case. Distance counts too: St. Lawrence is the largest county in the state by area, so ask where your first meeting will take place.

New York City works differently. The five boroughs rely on nonprofit defender organizations under city contracts, with the Legal Aid Society the largest, so none of the county offices on this page apply there. Rockland County's New City office sits in the downstate commuter belt but still operates as a county office.

How to Get a Public Defender in New York: Steps and What to Bring

In most cases you do not apply to the public defender directly. The judge decides at arraignment, usually after asking about your income, assets and household. If you are arrested, say clearly that you want a lawyer, then stop answering questions.

If you are charged but released, call the public defender for your county as soon as you have a court date. Some offices take intake calls before arraignment, and others wait for the court to assign the case. Either way, never skip a court date. A missed appearance can lead to a bench warrant.

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Public defenders handle criminal charges in town, village, city and county courts. Many offices also represent parents in Family Court, and some handle probation violations. They do not take civil matters such as landlord disputes or personal injury claims. For those, ask the court clerk or a local bar association about legal aid.

Immigration status does not affect your right to a lawyer in a criminal case. Tell your lawyer about it early, because a plea can carry immigration consequences.

Public defender services in New York are organized either through a statewide public defender commission or at the county level, depending on the state's approach to indigent defense. New York's system determines how public defender offices are funded, staffed, and assigned, which can affect caseloads and services available at each location.

Public Defenders locations are available in 37 cities across New York. They are spread across 32 counties.

Cities with the highest concentration of public defender offices include Olean, Sherburne, Cortland, where larger court systems generate higher volumes of criminal cases requiring public defense services.

Defendants in New York who believe they qualify for a public defender should not attempt to represent themselves in criminal proceedings. Requesting appointed counsel at your first court appearance is your constitutional right, and the process for establishing eligibility is handled by the court.

Public Defenders by Counties

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Individuals in New York who are assigned a public defender should make every scheduled court date, stay in contact with their assigned attorney, and promptly provide any information or documentation their attorney requests. If you cannot reach your public defender, contact the main office directly to ensure your case is properly managed before any upcoming hearings.

Browse Public Defenders by county across New York to find the nearest location.

Public Defender Notes for Chenango, Tioga, Niagara and St. Lawrence Counties

Several counties have more than one listing in our database. Chenango County has three, while Tioga County and Niagara County have two each. The named offices are Chenango County Public Defender at 12 Green Street in New Berlin, Tioga County Public Defender at 171 Main Street in Owego, and Niagara County Public Defender at 175 Hawley Street in Lockport. An additional listing may be a branch or a related office. The county page shows each address and phone number, so check it before you travel.

In Chenango County the office is in New Berlin, so confirm which court your case is in before you head out. In the north, St. Lawrence County Public Defender is at 48 Court Street in Canton. Distances between courts there are long, so ask early how your lawyer prefers to meet and whether phone or video contact is available for routine updates.

Frequently Asked Questions About Public Defenders in New York

A judge decides whether you qualify, usually at your first court appearance. You will be asked about income, savings, property, household size and debts, and you may sign a financial form. No single dollar cutoff applies in every county, so practice varies. Judges also weigh what a private lawyer would charge for your type of case. Public defenders do not bill you hourly the way private lawyers do, but ask the office whether the court could require any reimbursement in your situation. Answer every question truthfully, because a false statement can cause problems later.

You can ask for a lawyer as soon as police begin questioning you, and you should. New York law requires that you be brought before a judge for arraignment without unnecessary delay, often within about a day. Since the 2017 statewide reforms, counties have been working to put a defense lawyer at that first appearance. Coverage still differs. A busy city court may have a lawyer in the room, while a small town court late at night may depend on an on-call attorney. Do not discuss your case with anyone except your lawyer, including cellmates and people on recorded jail phone calls.

Public defender offices focus on criminal charges, but section 262 of the Family Court Act gives parents the right to assigned counsel in child protective cases and several other proceedings, including termination of parental rights. Who supplies that lawyer depends on the county. Some public defender offices take these cases, while other counties use a separate Family Court panel or a legal aid organization. Call the office listed for your county and ask, or ask the Family Court clerk. Respond to court papers right away, because hearings move quickly. Most civil matters, such as small claims or contract disputes, are not covered.

If two people charged in the same case have opposing interests, one office cannot represent both. The county then assigns another lawyer, either from a conflict defender office or from its Article 18-B assigned counsel panel, and you are not billed extra for the switch. A conflict can also arise when a former client of the office is now a witness against you. This is routine and does not mean your case is going badly. Keep every court date during the transition, and make sure the court and your new lawyer both have your current phone number.

Generally you cannot pick your appointed lawyer. The office assigns an attorney, and courts do not let defendants choose among assigned counsel. If the relationship is not working, talk to your lawyer first, then to a supervisor in the office. A judge can replace assigned counsel for good cause, such as a serious conflict or a complete breakdown in communication. Disagreement over strategy alone is rarely enough. You can always hire a private lawyer instead if you are able to, and the public defender's office will cooperate with the transfer of your file.

Our listings cover about half of the state's counties. New York City uses nonprofit defender organizations under city contracts, with the Legal Aid Society the largest, and the court assigns one at arraignment. In an unlisted county, a legal aid society or an assigned counsel program probably serves the court. Ask the clerk of the court where your case is pending to name the provider, or call the county clerk's office. Never pay anyone who promises to get you a public defender. The judge makes the appointment, and no broker or fee is involved.