16 East Main St, 6th Floor
Rochester, New York 14614
Phone: (585) 753-3480
Fax: (585) 753-3489
Monroe County Conflict Defender's Office
The Conflict Defender Office and Assigned Counsel Plan is the result of a cooperative effort between Monroe County and the Monroe County Bar Association. Through the Conflict Defender Office, private attorneys represent clients in all felony matters and in the local criminal courts where the Monroe County Public Defender Office has a conflict of interest and cannot represent the client. Full-time staff attorneys in the Conflict Defender Office represent clients in Rochester City Court misdemeanor cases, Monroe County Family Court cases and appellate cases in all courts where the Monroe County Public Defender's Office has a conflict of interest and cannot represent the client.
The Conflict Defender Office insures legal representation and a fair trial to qualified clients. The assigned counsel are private attorneys who qualify for panel membership and agree to accept such assignments. The staff attorneys are all full-time Assistant Conflict Defenders with extensive experience in the representation of clients in criminal and family law matters.
Assigned Counsel Plan
This division was conceptually developed through collaboration with the Monroe County Bar Association. It reflects an enhanced effort by the County to coordinate and fund the work of private attorneys appointed by the court to represent indigent clients. While the Public Defender’s Office usually provides legal services to indigent persons, occasions often arise in which two or more such individuals are accused of involvement in the same crime. Providing representation to more than one co-defendant can result in a conflict of interest for the Public Defender’s Office, and to avoid that possibility, the courts assign private counsel who receive compensation as regulated/mandated by New York State Law. Expenditures from the Legal Representation account involve payment of attorney fees, preparation costs for legal transcripts, and expenses associated with providing expert testimony (psychiatric evaluations, etc.). The account also provides funding for a full-time attorney along with one full-time and one part-time administrative support positions. Activities include the development and operation of a systematic process for the assignment of conflict cases, the design and implementation of internal and operational controls, voucher review, complaint resolution, new attorney orientation, continuing legal education, and the establishment of liaisons with various courts and the Bar Association. Beginning in January 1994, the Legal Representation division became responsible for the payment of foreign language and hearing impaired interpreters for services rendered in the local criminal courts. Under the Judiciary Law, the County is responsible for payment of these expenses.
Our Strategic Framework
Department of Public Safety Legal Representation
Mission Statement
To provide cost effective, readily available, quality representation to eligible defendants or other litigants in cases where the Public Defender has a conflict of interest.
Key Processes:
- Providing the Judicial System with a pool of competent private attorneys willing to accept conflict assignments.
- Insuring the private bar an equitable distribution of conflict assignments.
- Providing the private bar with substantive and procedural assistance in handling conflict assignments.
- Providing the private bar with the opportunity for continuing legal education to insure continued high quality.
- Serving the people of Monroe County by monitoring the payments for conflict assignments and by designing procedures and policies that maximize the quality of representation while remaining cost effective.
Disclaimer & Terms of Use
The information contained in this web site is provided as a service to the Internet community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site and its associated sites. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.
Therefore, Monroe County and the Monroe County Conflict Defender Office expressly denies liability and undertakes no responsibility for the reliance on, or consequences of, using information or services found in this web site.
Documents
Public Documents
Program Documents:
- Case Log Sheet (Word Fillable)
- Case Log Sheet (2 sided copy) (PDF) Expert Claim Voucher
- 4th Department Interim Assigned Counsel Appeal Voucher (PDF)
- 4th Department Final Assigned Counsel Appeal Voucher (PDF)
- Sequential Lineup Motion (Word Format)
- Extraordinary Circumstances Affidavit (PDF Format)
- Assigned Counsel Program Outline (PDF)
- New Rates Information
Court Documents:
- CPL 180.85 Notice of Motion (PDF)
- CPL 180.85 Notice of Opposition (PDF)
- Part 9 Plea Agreement (Appeal Waiver) - Word Format
- Part 9 Plea Agreement (No Waiver of Appeal) - Word Format
- Mentor Program - Associate Counsel Order
- Plea in Satisfaction Form
- Waiver of Appeal - Judge Bellini
- 4th Department Family Court Appeal Guidelines (PDF)
- 4th Department Family Court Appeals Forms (PDF)
- 4th Department Family Court Certification of Continued Indigency (Word)
Practice Articles:
- NYSDA Public Defense Standards (PDF)
- Rockefeller Drug Law Amendments for AI Felonies
- Rockefeller Drug Law Amendment for AII Felonies
- Court of Appeals Leave Applications (PDF)
- Evidentiary Issues - Abuse and Neglect (PDF)
- Ineffective Assistance of Counsel (PDF)
- Comments on Motions - Don Rehkopf (PDF)
- Intoxication Defense - Don Rehkopf (PDF)
Annual Reports (PDF)
- 2018 Annual Report
- 2017 Annual Report
- 2016 Annual Report
- 2015 Annual Report
- 2014 Annual Report
- 2013 Annual Report
- 2012 Annual Report
- 2011 Amended Annual Report
- 2010 Annual Report
- 2009 Annual Report
- 2007 Annual Report
- 2006 Annual Report
- 2005 Annual Report
- 2004 Annual Report
- 2003 Annual Report
- 2001 Annual Report
- 2000 Annual Report
- 1999 Annual Report
- 1998 Annual Report