You Call David Gantt — I’ll Call “Sister” Grace — We’ve Gotta Go to Albany and Fight Governor Steamroller!

“Now that those uncaring Republicans forced their choice for Public Defender on us, I’m pleased to see that there is a new cause to fight for.  I’m so excited.  We will rent buses, bring our people to Albany, sing We Shall Overcome, storm the Governor’s Office, overcrowd the Assembly and Senate Chamber and disrupt their proceedings and call those who stand up to our demands cowards.  It will be just like last Tuesday night all over again.”  I hope this was the reaction those opposing the recently concluded Public Defender selection process had when they saw this morning’s paper. 

The D&C had an article about how Governor Steamroller is trying to stick it to poor people by politicizing the board that oversees the Interest On Legal Accounts (IOLA). A process that has been in place for 25 years (not quite as impressive as the old Public Defender process, 35 years).

According to the article:

A bitter dispute about who should control a $25 million state fund that helps to pay for legal representation of poor people has broken out, with the board that now controls the fund fighting Gov. Eliot Spitzer’s proposal that he hold the reins.

On Tuesday, several people prominent in the legal community sent a letter to Spitzer, the legislative leaders and Chief Judge Judith Kaye asking Spitzer to drop his plan. (monroerising.com’s editors note: she better be careful or there will be no raise).

(snip)

The decision on how to divvy up the money rests with the board, which now also has the power to hire and fire staff members. Spitzer’s plan would give himself power over the staff.

The letter was signed by eight people who are well known in the legal community, including Evan Davis, counsel to former Gov. Mario Cuomo, Justin Vigdor, a Rochester attorney who was the first chairman of the IOLA board in 1983, and Victor Kovner, chairman of the Committee for Modern Courts, a reform group.

“The letter signed by the three past chairs of the IOLA Board and other bar leaders points out the clear conflict of interest and chilling effect, which will be created if the governor controls the grants going to agencies, which often engage in litigation against the governor,” said William Nojay, a Rochester attorney who was the IOLA chairman until last summer, when Spitzer named Edwin Lopez-Soto of Rochester as his replacement.

I’m not a lawyer, but this seems issue is even more important than the fight over the public defender. On Monday, February 18, 2008 Tom Tobin had the following to say on the D&C blog:

More on the PD thing

A couple of post-PD fandango points to make: first, from all evidence, the new PD, Tim Donaher, seems a really solid guy and his essay on today’s Speaking Out has none of the partisan horsepuckey that so damaged the selection process. If he stays apart from meddling pols, Donaher can be an extremely effective leader and a living example of the utopian maxim that public service and partisanship should never ride the same train. Also, the fervor of the protesters, the overreaction by the suburbs-dominated Legislature, the antagonistic chatting and blogging that recall in their divisiveness the furor over the Cythnia Elliott essay - all come from some community well of mistrust and anger that is more familiar to natives than to me.

 

7 Responses to “You Call David Gantt — I’ll Call “Sister” Grace — We’ve Gotta Go to Albany and Fight Governor Steamroller!”

  1. “If it the fight was truly all about the process, I expect to see Gannett, David Gantt, and “Sister” Grace take their sideshow to Albany. Anything less than total outrage from these folks will expose them as hypocrites.”

    It’s not a program supported by taxpayers. IOLA receives its funding solely from the interest on New York lawyers’ IOLA trust accounts.

    Since there is no taxpayer support, the taxpayer has no say in how IOLA is administered.

    Totally different than the Public Defender, and the process.

    Nice try though.

  2. Oh, I get it. It isn’t political, but we only care about the quality of defense of the poor when we spend public dollars — that makes a lot of sense.

  3. This is just the “If the Republicans do it, it’s bad. If the Democrats do it, it’s o.k.” argument. Still doesn’t work with me, no matter who says it.

  4. “If the Republicans do it, it’s bad. If the Democrats do it, it’s o.k.”

    I don’t recall those words coming out of my keyboard.

    If the Democrats wanted to control the PD, I’d have a problem with it. That’s just me though.

    “It isn’t political, but we only care about the quality of defense of the poor when we spend public dollars….”

    Maybe some feel that way, but I feel I have no say in the matter because it’s not something supported by my tax dollars.

    IOLA is governed by a fifteen member board of trustees appointed by the Governor — seven in the Governor’s sole discretion and eight upon the recommendations of other State leaders: the Speaker of the Assembly, the Majority Leader of the Senate, the Minority Leaders of the Assembly and Senate and the Chief Judge. IOLA is administered by a small staff from an office in New York City.

    IOLA’s grants allow non-profit organizations to help low-income New Yorkers obtain professional assistance for civil legal problems that affect their most basic needs: food, shelter, jobs and access to health care, among others.

    The money from IOLA doesn’t go directly to the poor to provide legal defense. It goes to non-profit organizations, and is used solely at their discretion.

    If it were something that I had any control over as a taxpayer, or if my assemblyperson, or legislator had any control over, then I would agree that Gantt and the sister should head to Albany to protest it. (In 2005 Gantt donated $150,000 to the Partnership for Equal Justice Campaign - http://findarticles.com/p/articles/mi_qn4180/is_20070619/ai_n19327777)

    “It isn’t political, but we only care about the quality of defense of the poor when we spend public dollars”

    Maybe it is political, I don’t know. I have no power to tell a private company how to spend their money. I have no power to tell a non-profit organization how to spend their money. I have no power to tell IOLA where to send their money.

    I do, however, have a say in the Public Defender process. It is an office that is supported by my tax dollars.

    I have sent an e-mail to Spitzer’s office to let him know that I do not agree with his proposal to be in control of the staff of IOLA.

    I do think, however, that if Gantt wasn’t so busy with the PD process here, he would be in Albany more…..you know…..doing his job.

    That’s just my silly Democratic thinking though.

  5. “If the Republicans do it, it’s bad. If the Democrats do it, it’s o.k.”
    “I don’t recall those words coming out of my keyboard.”

    I don’t recall saying that you typed that.

    “I do think, however, that if Gantt wasn’t so busy with the PD process here, he would be in Albany more…..you know…..doing his job. That’s just my silly Democratic thinking though.”

    This is just a statement of fact. Of course if he wasn’t here, he’d be there. There’s no thinking necessary to arrive at this point.

    Welcome to Monroerising.com Jax. Enjoy!

  6. “I don’t recall saying that you typed that.”

    I’m sorry, but I don’t understand who you were directing your comment to then…..?

    “This is just the “If the Republicans do it, it’s bad. If the Democrats do it, it’s o.k.” argument. Still doesn’t work with me, no matter who says it.”

    Perhaps I was wrong in thinking it was directed at me? Apologies if I was mistaken.

    “This is just a statement of fact. Of course if he wasn’t here, he’d be there. There’s no thinking necessary to arrive at this point.”

    Fair enough.

    Tell me though, what can Gantt do in Albany to protest this?

    Do you or I have a say in the matter at all?

    I don’t think so, because it isn’t a taxpayer funded program.

    That’s all I’m trying to point out.

    You folks have a nice site, thanks for the welcome.

  7. If it were something that I had any control over as a taxpayer, or if my assemblyperson, or legislator had any control over, then I would agree that Gantt and the sister should head to Albany to protest it. (In 2005 Gantt donated $150,000 to the Partnership for Equal Justice Campaign - http://findarticles.com/p/articles/mi_qn4180/is_20070619/ai_n19327777)

    I think Gantt “Donated” our taxpayer $

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