Justice in Every Borough

Annual Report 2019
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Our Mission

Delivering Justice in Every Borough

The Legal Aid Society is built on one simple but powerful belief: that no New Yorker should be denied the right to equal justice. We seek to be a beacon of hope for New Yorkers who feel neglected—regardless of who they are, where they come from, or how they identify. From our start over 140 years ago, our growth has mirrored that of the city we serve. Today, we are proud to be the largest, most influential social justice law firm in NYC.

Our staff and attorneys deliver justice in every borough, working tirelessly to defend our clients and dismantle the hidden, systemic barriers that can prevent them from thriving. As passionate advocates for individuals and families, The Legal Aid Society is an indispensable component of the legal, social, and economic fabric of NYC.

Report of the Attorney-in-Chief

Janet Sabel

In January 2019, I was privileged to return to The Legal Aid Society where I grew up professionally. I started my career here as a trial attorney in Housing Court; working on health and disability law reform issues; running a neighborhood office and the Immigration Law Unit; and finally serving as General Counsel and Chief Administrative Officer. Coming back after eight years on the Executive Team at the NYS Attorney General’s office, I discovered many familiar faces coupled with a new dynamism and energy, and a vigorous commitment to our commu-nities and partners. The Legal Aid Society I returned to is larger and more diverse. It is more creative and more determined. It is a leader in criminal justice, civil legal services, and juvenile rights. And it is recognized nationally for the talent and dedicated work of our staff. It was with great pride and humility that I came home to Legal Aid, inspired to lead the organization in NYC most capable of rising to the extraordinary challenges faced by our city and country.

It has been a year of significant achievement.

Our staff and attorneys secured victories in and out of the courtroom with implications across NYS–and in some cases, across the nation. They worked in collaboration with community partners and affected individuals to build strong and lasting coalitions, that are, without a doubt, a key to their success.

Among the groundbreaking achievements this year were victories in criminal justice and tenant protection. The commitment to our mission and the enduring respect for the protection of basic human rights led us, working in coalitions with community ad-vocates, to challenge the federal government and take a stand for immigrants across the country in a series of groundbreaking court cases.

No one has a deeper understanding or greater empathy for our client communities than the individuals who make up The Legal Aid Society. We are over two thousand attor-neys, paralegals, investigators, social workers, support and administrative staff united by the simple but powerful belief that no person should be denied the right to equal justice. Together our tireless efforts have resulted in lasting change for the people and communities we serve.

As we continue our work in the year ahead, we remain vigilant in our commitment to justice.

Janet Sabel
ATTORNEY-IN-CHIEF
AND CHIEF EXECUTIVE OFFICER

Report of the President & Chair

John K. Carroll
Richard J. Davis

This year, we are happy to report that the advocacy efforts of our staff resulted in improved lives for our clients through crucial reforms in the criminal defense, civil legal services, and juvenile rights justice systems. The Legal Aid Society continues to play an important role in challenging government violations of our clients’ rights, and in making NYC a better place to live.

As announced in this report last year, Janet Sabel joined us as the Chief Executive Officer/ Attorney-in-Chief in January. Janet’s 25 years of experience at The Legal Aid Society, coupled with eight years at the NYS Attorney General’s Office where she served as Chief Deputy Attorney General, made her the ideal person for the role. So far, she’s done an incredible job of bringing people together, improving workplace culture, and instituting innovative programs and policies.

Another exciting moment this year was the launch of our redesigned website, which provides clients and supporters with the information they need to know about their rights, get legal help, and find answers to pressing questions. The new website also provides a place to learn about the outstanding accomplishments of our staff.

With great sadness, we must also report the passing of our beloved President, Blaine V. "Fin" Fogg. On July 14th, Fin lost his courageous 18-month battle with brain cancer. Fin was a fierce advocate for the rights of our clients and for our staff—he constantly talked about his admiration for our staff who, as he would say, looked at what they were doing as a calling and not just a job. As President he contributed his time, his wisdom, his humor, and his unbelievable energy to make The Legal Aid Society a better place. We will sorely miss him.

We were fortunate that John K. Carroll, a Vice Chair of the Board of Directors, and a retired partner at Skad-den Arps Slate Meagher & Flom LLP, assisted with Fin’s responsibilities during his illness. John has now been elected President of The Legal Aid Society.

As ever, we’re grateful for the support of the Sustaining Law Firms without which our work would not be possible. And a special thanks to the Chairs of our various committees.

Of course our greatest asset at The Legal Aid Society is our staff; we thank them for their dedication to our clients and organization.

John K. Carroll
PRESIDENT OF THE LEGAL
AID SOCIETY

Richard J. Davis
CHAIR OF THE BOARD
OF DIRECTORS
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Criminal justice issues are social justice issues.
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Tim Rountree
Attorney-in-charge
Queens Office
Criminal Defense Practice
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Justice in Every Borough

Where We Work

With offices in every borough, The Legal Aid Society’s clients don’t have to look far for the expertise they need. Here’s a snapshot of our staff’s accomplishments in each borough this year:
Queens
Of note this year in Queens, staff secured judgements to turn unregulated housing units in 15 buildings to rent-stabilized units, and provided thousands of incarcerated people on Rikers Island with vital telephone access to contact attorneys, service providers, and bail funds.
Bronx
Staff in the Bronx this year dedicated themselves to our clients—often spending their days in court, evenings providing Know Your Rights trainings, and weekends supporting grassroots groups. We secured 45 affordable housing units, and ensured the future of the oldest African American Baptist church in the borough following its foreclosure.
Manhattan
In Manhattan this year, our teams forged partnerships with government and faith-based groups to host warrant-clearing workshops; collaborated with mental health providers to help children and their families to access educational support; and launched our Juvenile Youth Leadership Board.
Staten Island
Staten Island staff this year advocated for opioid addiction to be treated as a public health crisis; partnered with the NYC Elder Abuse Center's Multidisciplinary team to provide counsel on elder abuse cases; and ensured that young people do not face unlawful discrimination by employers, schools, and police due to a juvenile delinquency arrest or family court disposition.
Brooklyn
Staff in Brooklyn urgently responded to ICE agents targeting immigrant clients around Brooklyn Criminal Court, initiating our campaign to end this unjust practice. Staff also launched a pilot program to provide counsel to public housing tenants facing eviction, and trained 400 Department of Education psychologists on the experience and needs of children in foster care.
2019 Timeline

Our Year in Review

This year, The Legal Aid Society staff urgently responded to continued attacks on the rights of marginalized communities and on our institutions. We worked to develop new coalitions and programs that helped ensure New York is a safe and supportive place for all people.
January
January
Settled our litigation to ensure disabled Medicaid recipients receive access to the home care services they need.
January
January
Launched the Citywide Homicide Defense Task Force as the primary NYC provider of criminal defense representation.
January
January
Launched the Worker Justice Project to address and effectively remove the barriers to employment for current and former Criminal Defense Practice clients.
March
March
Launched the Wrongful Conviction Unit to address the population of people who are currently incarcerated in NYC and still fighting for their freedom and to clear their names of crimes they did not commit.
March
March
Our Cop Accountability Project fought to repeal the laws and policies that hide bad acts and disciplinary records of NYC police officers and launched a public website that allows all New Yorkers to browse thousands of federal civil rights lawsuits filed against NYPD officers.
March
March
Secured a victory in a class action lawsuit on behalf of vulnerable immigrant youth which upheld the legitimacy of New York Family Court Orders, securing a path to permanent residency and citizenship for abused, abandoned or neglected young immigrants. The government estimates the class includes over 6,000 young immigrants across New York.
April
April
The Decarceration Project helped advance the bail reform that passed the State Legislature this month, by drafting legislation, lobbying legislatures, providing policy input, and working in coalition with other public defenders and grassroots organizations.
May
May
Governor Cuomo signed the repeal of the vague and unjust gravity knife law due to the unrelenting advocacy of defender staff at our Manhattan Trial Office.
June
June
Our housing advocates secured “once-in-a-generation” reforms to protect tenants in the statewide rent regulation system—impacting 2.4 million people living in rent-regulated apartments in NYC alone.
July
July
The Digital Forensics Lab opened in our Bronx Criminal Defense Office as the second Digital Forensic Lab at The Legal Aid Society. We are the first state public defender to implement in-house digital forensic analysis.
August
August
Filed successful challenge to the Trump administration’s proposed changes to public charge regulations. The Court later blocked initial implementation of rules that would unfairly penalize 22 million noncitizens across the nation.
September
September
Filed litigation to prevent ICE from conducting enforcement activities in New York’s courts. Under Trump, ICE courthouse arrests and attempted arrests across NYS have increased 1700%.
September
September
Class certification granted in a case that expanded access to vital dental services for New York’s 6.1 million Medicaid recipients. NYS revised its policies to allow coverage for dental implants for the first time.
October
October
Joint juvenile and criminal Adolescent Defense teams ensured that Raise The Age reforms were implemented fully and that young clients are being provided holistic representation. The new law aims to provide age-appropriate court process, services and facilities to reduce recidivism and promote wellbeing.
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By working within communities we can meet the clients where they are.
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Khadine De Paiva
Staff Attorney
Foreclosure Prevention Project
Our Work

What We Did in 2019

America’s ideal of equal justice under the law is only as meaningful as the experiences and outcomes our justice system creates. In 2019, staff across The Legal Aid Society’s practice areas worked to reinforce this ideal by forging partnerships and contributing their expertise to push for reforms that help dismantle the harmful barriers that can keep our clients from thriving.

Leading Through Partnership

This year, partnerships with community organizations, government agencies, pro bono partners, and other advocates led us to achieve sweeping reforms and case victories on behalf of all New Yorkers.

Staff from our Criminal Defense Practice successfully worked with community advocates to force changes to the state’s bail, discovery, and speedy trial laws; our housing practitioners coordinated the largest state-wide coalition of tenant and affordable housing advocates in recent history and secured significant improvements to the regulation system; Juvenile Rights staff created the Youth Justice Coalition, a group of advocates focused on issues facing young people in the juvenile and criminal justice system; and we joined with pro bono counsel and community advocates to successfully challenge federal immigration policy that unlawfully restricted 6,000+ young people from finding a path to lawful residence in the US.

Expertise Where It Matters

When life and liberty hang in the balance, expertise matters. Our 140+ years of experience working directly with hundreds of thousands of clients makes our staff uniquely equipped to meet the needs and understand the challenges our clients face today.

In January, we debuted our Homicide Defense Task Force—a team of senior attorneys, mitigation specialists, homicide investigators, and paralegal case handlers—which responds immediately to homicide arrests to provide clients the full range of services. The Task Force is already saving lives, and is setting the standard for practice in NYC and across the country. Our Juvenile Rights trial team successfully challenged the practice of seeking warrants for the arrest of youth who run away from their foster care placements. In response to an arbitrary policy change that would restrict immigrant youth from filing for relief, our immigration litigation team filed suit with pro bono counsel. Their effort was successful, and resulted in a first of its kind ruling which granted relief to more than 6,600 youth. Advocate groups in California, Washington State, New Jersey, and Massachusetts have since filed similar challenges.

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I fight to let our young clients have a voice in court.
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HyeJi Kim
Staff Attorney
Juvenile Rights Practice
Making a Difference

Our 2019 Impact

Every day, in every borough, The Legal Aid Society works in courtrooms and communities to deliver justice to New Yorkers. This year, we forged meaningful partnerships with communities and organizations to launch new initiatives, and improve our ability to serve new and existing clients.
$4.52M
Taxpayer dollars saved by the Time Saved Campaign, which works to ensure that our clients do not remain in jail because of an administrative error in a sentence calculation. 50 clients were served and 7,381 days in prison were saved.
6,343
Clients served by the Parole Revocation Defense Unit. The work of the unit ensures that people who return to NYC and are on parole are able to remain in the community and reconnect with family and friends.
125,127
New Yorkers served by our Civil Practice in over 50,484 cases across all five boroughs of the city. Our Civil cases cover a diverse range of issue areas including housing, homelessness, employment, health, public assistance, education, immigration, and more.
34
Active Law Reform cases on the docket set to benefit millions of people across the city, state, and nation. These cases span the spectrum of social justice concerns from criminal justice reform to immigrant rights, health law, homelessness, housing, juvenile rights, prisoners’ rights, and public benefits.
>80%
Of all 16 year olds arraigned under the new Raise the Age law were moved from Criminal Court, where they would be treated as adults, to Family Court, where their cases belong. Served by integrated practice teams in all five boroughs, our experts in adolescent defense saw a rise in filings and achieved fairer outcomes for clients.
830
General and Special education consultations provided by our Education Advocacy Project on behalf of children in need of educational support, resulting in 365 new cases, and the facilitation of 20 substantive trainings presented to community groups, agencies, law schools and advocates.
Our 2019 Impact
Reforming DNA Case Law
NYC maintains an unregulated and largely secretive databank containing the DNA profiles of more than 82,000 people—with no protection for persons wrongly included. This year, we challenged the controversial index in Samy F. v. Fabrizio, fighting on behalf of our client Samy whose DNA records had not been expunged despite having his conviction sealed. After having our motion denied, the attorneys in our DNA Unit went to the appellate court and petitioned for a civil writ of mandamus—a procedure which had never been used to challenge the denial of DNA expungement. The appellate court granted Samy’s petition, and ruled for the first time that NYC’s rogue DNA index must follow NYS genetic privacy laws. This precedent allowed other judges to protect the DNA of those not convicted of a crime, and provided a new way to challenge other unfair genetic privacy rulings in the future.
Advancing Access to Benefits
After being denied seven dental implants from her Medicaid managed care plan, Ms. D contacted The Legal Aid Society through our Access to Benefits helpline. Her diagnosis of epilepsy with partial complex seizures made it unsafe for her to use dentures or any prosthetic. Missing nearly all of her molars, she resorted to blending her food—against her doctor’s orders to eat solid, plant-based foods. We filed an appeal on Ms. D’s behalf and argued that her current managed care plan did not act reasonably with sound medical judgment, nor was it in Ms. D’s best interest. The appeal included several doctors’ letters, a narrative from the client, and academic articles examining the relationship between epilepsy and prosthetic rehabilitation. A dental expert on behalf of the Department of Financial Services overturned the denial in full, approving all seven implants and related services.
Setting The Record Straight
Despite having never been convicted of any crime, our clients, such as Kyle, are often denied employment due to purported criminal history. Kyle was denied employment with the NYC Department of Education because of two open juvenile offender arrests from 2007. Neither had been filed in court and both should have been sealed years earlier. After many failed attempts to resolve this matter on his own by contacting multiple city entities, our Special Litigation and Law Reform team successfully got his fingerprint record destroyed and sealed his open arrest records—clearing the way for Kyle’s future employment.
Ensuring Affordable Housing
Until recently, it was common practice for NYC landlords to offer a “preferential rent” to rent-stabilized tenant when the market was soft. These rants are at “market” but below the legal rent. When the market improved or the tenant complained about repairs, landlords would raise the rent substantially. The practice of increasing preferential rents was outlawed following reforms The Legal Aid Society helped secure in June 2019. This year, our Housing Justice Unit assisted Ms. S, a single, pregnant mother of a 7-year-old child, maintain her apartments low preferential rent—despite her landlord’s efforts to raise the rent dramatically. Leveraging the new reforms, our Housing team secured an advantageous preferential rent for Ms. S along with the peace of mind that this new rent cannot be used as a threat to her tenancy.
Creating a Seat at the Table for Survivors
In June 2019, our Exploitation Intervention Project celebrated the first anniversary of its client Advisory Board. The Advisory Board was created in response to a joint study on prostitution-related offenses and trafficking survivors published with the Urban Institute, which recommended integrating survivor consultants or peer-mentors into organizations that represent criminalized people. The four person Board meets with staff monthly, helping address decisions about post-conviction representation, engagement with outside organizations, and policy efforts. Board members also represent the Exploitation Intervention Project at community meetings, advocate for policy reform, improve training materials, and facilitate organizational training. As trafficking survivors, they are best equipped to guide our response to clients engaged in the sex trade. To date, the Exploitation Intervention Project has vacated over 1,750 convictions for 111 trafficking survivors. As one Board member observed, “We’re just at the beginning...I know I’m doing something good and have faith in the work we’re doing.”
Reuniting Families in the Foster Care System
Minimizing the impact of trauma on children and families is a heightened goal in all child welfare matters. We represented Michael in a child abuse matter—he was 8-years-old, autistic, and deaf. Juvenile Rights advocates fought to have him returned home with supportive services, recognizing that a child with his needs would not thrive in a foster home. But when his parents gave birth to a newborn, Administration for Children's Services filed a petition to remove the new baby, stating that the baby would be released only if Michael were out of their home. Struggling with the unconscionable choice between two children, Michael’s family worked with our team to resolve the concerns. Our Educational Advocacy Project ensured the home was an appropriate setting for Michael’s educational, social, and emotional needs. After a compelling argument about the parents’ gradual acknowledgment of their son’s special needs and capacity to keep both kids safe at home, justice prevailed. The judge released the baby and allowed Michael to remain at home with intensive services.
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At the end of the day, each case is a person who is going to return to their family and community. We want to be in a good position to work in communities directly, getting to be with individuals before an issue arises.
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Anthony Posada,
Supervising Attorney,
Community Justice Unit

Board of Directors

Comprised of some of the brightest minds from law firms, law schools, corporations, and communities, our board members provide crucial guidance that strengthens our work.
OFFICERS
  • John K. CarrollPresident of The Legal Aid Society
  • Douglas F. CurtisTreasurer
  • Janet SabelAttorney-in-chief and chief executive officer
  • Scott RosenbergSecretary and General Counsel
  • Archana JayaramCHIEF OPERATING OFFICER
  • Ezra MillerChief Financial Officer
Chair of the Board of Directors
  • Richard J. Davis
Vice Chairs of the Board of Directors
  • Thomas M. Cerabino
  • Douglas F. Curtis
  • Mark P. Goodman
  • Tracy Richelle High
  • Randy Mastro
  • Sara E. Moss
  • Bradley I. Ruskin
Members of the Board of Directors
  • Richard F. Albert
  • Deborah N. Archer
  • Nicole Argentieri
  • Christopher D. Belelieu
  • Steven M. Bierman
  • Barry A. Bohrer
  • Alvin L. Bragg
  • Lara S. Buchwald
  • Alex V. Chachkes
  • Matthew Diller
  • June S. Dipchand
  • William R. Dougherty
  • Scott A. Edelman
  • Edward Flanders
  • Jeffrey A. Fuisz
  • Christopher L. Garcia
  • Linda C. Goldstein
  • David J. Greenwald
  • Jason M. Halper
  • David G. Hille
  • Victor L. Hou
  • David G. Januszewski
  • Jeffrey L. Kessler
  • Atif Khawaja
  • Natalie Lamarque
  • Gillian Lester
  • Adeel A. Mangi
  • Aaron R. Marcu
  • J. Kevin McCarthy
  • Joan McPhee
  • Roger Meltzer
  • Thomas C. Meriam
  • Perry A. Napolitano
  • Charles C. Platt
  • Brian H. Polovoy
  • Sharyl A. Reisman
  • William Savitt
  • Paul H. Schoeman
  • Bart R. Schwartz
  • William Schwartz
  • L. Kevin Sheridan Jr.
  • Audra J. Soloway
  • Joseph L. Sorkin
  • Dina Ganz Traugot
  • Christine A. Varney
  • Andrew M. Wasserman
  • Charles Weinstein
  • Peter M. Williams
  • Jamie L. Wine

Financial Summary

For the fiscal year ending June 30, 2019
Statement of Financial Position
Assets
2018
2019
Cash and cash equivalents
26,165,376
11,758,397
Receivables from grants and governmental contracts investments
41,985,598
69,667,428
Investments, at fair value
24,178,987
24,907,275
Deferred charges and other assets
7,050,314
6,661,377
Property and equipment, at cost, net
5,514,794
4,917,705
Liabilities and Net Assets
2018
2019
Accounts payable and accrued expenses
2,940,058
5,203,578
Loan payable
2,128,222
Accrued payroll and other employee expense
32,249,063
32,324,388
Program advances
513,036
Accrued postretirement health and benefits cost
52,375,870
58,332,320
Pension liability
10,187,122
14,999,944
Deferred lease incentives and lease obligations
18,967,803
17,854,821
Commitments and Contingencies
2018
2019
Without donor restrictions
(20,144,724)
(17,071,187)
With donor restrictions—Purpose and time restricted
3,612,596
4,202,295
With donor restrictions—Perpetual in nature
2,066,023
2,066,023
Revenue
2018
2019
Criminal Defense Practice
160,636,826
172,563,261
Juvenile Rights Practice
46,439,432
47,993,771
Civil Practice
66,927,616
69,093,012
Contributions (net of direct expenses related to the benefit)
14,870,225
14,183,747
Return (loss) on investments, net
358,946
801,850
Court awards
278,010
14,722
Other income
1,659
2,886
2015
2016
2017
2018
2019
Criminal Defense Practice
2015153,103,977
2016160,074,752
2017157,633,083
2018160,636,826
2019172,563,261
Juvenile Rights Practice
201542,322,535
201643,607,277
201743,607,277
201846,439,432
201947,993,771
Civil Practice and Other
201545,601,159
201654,612,631
201764,525,412
201882,436,456
201984,096,217
Criminal Defense Practice
56.5%
Juvenile Rights Practice
15.8%
Civil Practice
27.6%
Expenses
Employee Expenses
Criminal Defense Practice
Juvenile Rights Practice
Civil Pratice
Total Program Expenses
Total Admin/ Fundraising
2019 Total Expenses
2018 Total Expenses
Professional staff salaries
73,485,183
21,526,684
27,774,700
122,786,567
5,311,080
128,097,647
122,039,068
Support staff salaries
19,553,336
5,257,892
8,239,465
33,050,693
4,077,050
37,127,743
34,887,650
Fringe benefits and other employee costs
43,980,455
12,970,632
19,477,539
76,428,626
4,394,060
80,822,686
77,650,031
Other Expenses
Criminal Defense Practice
Juvenile Rights Practice
Civil Pratice
Total Program Expenses
Total Admin/ Fundraising
2018 Total Expenses
2017 Total Expenses
Occupancy costs
11,461,418
2,601,053
6,756,550
20,819,021
1,422,099
22,241,120
21,453,840
Communications
653,685
165,322
285,952
1,104,959
95,627
1,200,586
1,036,563
Office operating
822,276
260,498
367,667
1,450,441
442,204
1,892,645
1,819,044
Purchases and leases of furniture and equipment
2,853,015
910,406
1,522,814
5,286,235
1,037,474
6,323,709
2,160,261
Law books and reference materials
624,851
139,587
500,993
1,265,431
12,800
1,278,231
1,340,384
Trial minutes
488,093
196,138
18,979
703,210
1,914
705,124
574,728
Cost of investigations and expert witnesses
1,491,115
48,802
629,129
2,169,046
32,214
2,201,260
1,805,015
Professional services
111,825
47,575
3,899,656
4,059,056
947,555
5,006,611
1,318,189
Transportation
945,218
82,094
237,072
1,264,384
45,185
1,309,569
1,090,830
Insurance
411,016
125,850
176,454
713,320
42,567
755,887
713,869
Deprecation and amortization
339,201
88,016
274,649
701,866
141,992
843,858
922,802
Other
593,444
151,089
889,859
1,634,392
2,685,635
4,320,027
3,166,853
Criminal Defense Practice
53.7%
Juvenile Rights Practice
15.1%
Civil Practice
24.2%
Admin & Fundraising
7.0%
Program
93.0%
Admin
6.6%
Fundraising
0.4%
We spend 93 cents of every dollar on our programs