Lawyers in New York are paid $25 an hour for out of court time and $40 an hour for in court time to represent the poor. It shouldn't take a rocket scientist to figure out that this is less than a break even cost for most competent private counsel. In criminal cases with more than one defendant, the public defender (or legal aid counsel) can only represent one of them due to conflict of interest issues. Private counsel must be appointed to represent the others, as well as any client for whom the public defender would be disqualified.

For years, lawyers have tried to raise the fee levels. No success. Governor Pataki (another reason to vote for Cuomo) promised fee increases and later backed out due to what he termed "budget constraints."

So the lawyers sued. Trial started today.

The Sixth Amendment to the U.S. Constitution guarantees effective assistance of counsel to every person accused of crime. That simply isn't possible at the low rates New York is paying. (It is also way below the current federal rate for indigent defense lawyers --now $90 an hour for both in and out of court time--with recommendations on the table to raise it to $112 an hour.) These lawyers do not receive reimbursement for overhead expenses--rent, secretary, telephone, etc. Yet they remain supremely dedicated to their mission--representing those whom society deems the lowest among us--those who are poor, disenfranchised and charged with the most heinous of crimes.

We should be saluting these lawyers and financially compensating them for their work and their dedication. The criminal justice system would crumble without them.

In a series of articles, the New York Times found that "representation given to the poor in New York City routinely fell short of the minimum standards recommended by legal experts, in part because of a shortage of qualified private lawyers willing to work for the current rates."

Yesterday, two former judges and the director of the program providing legal representation for juveniles testified " that the lack of lawyers to represent the poor caused serious disruption to the most basic of legal proceedings."

We're rooting for the New York County Lawyers' Association to win the lawsuit. You should too.