New York’s Capital Defender Office is preparing to close its doors in the wake of a N.Y. Court of Appeals ruling that disposed of the final appeal of a death sentence under the capital punishment law declared unconstitutional in 2004. “It is … my intention to close the office as soon as practically possible,” said Kevin M. Doyle, who has served as Executive Director of the defender office established in 1995. Doyle said there is no point in keeping the office open given the status of the death penalty in New York and noted that the office will close within a matter of months.

At one time the Capital Defender Office had more than 70 staffers and an annual budget of $14 million. Now it has a $1.3 million budget and six people on staff. The remaining staffers now have the responsibility of reviewing some 3,000 boxes of information about its cases and finding a way to properly preserve privileged materials. Since the office was established, 10,000 murders have occurred in New York. Prosecutors considered bringing the death penalty in 877 capital-eligible cases, and district attorneys filed notice of intent to seek the death penalty in 58 cases. Juries in only seven cases ultimately returned death sentences. No one was executed.

“In many instances, thanks to the Capital Defender Office, the D.A.s decided not to seek the death penalty. The relatively small amount of money spent on presentation before the D.A.s saved the state a lot of money,” said attorney Ronald Tabak, president of New York Lawyers Against the Death Penalty and special counsel at Skadden, Arps, Slate, Meagher & Flom.

The New York Department of Correctional Services will also benefit from the Court of Appeals ruling. The death row at Clinton Correctional Facility will now close, saving the state an estimated $300,000 per year.
(New York Law Journal, October 29, 2007). See Representation and Recent Legislative Activities.