With Gov. Andrew Cuomo’s veto last week, counties throughout the state will continue footing the bill for those who cannot afford counsel for defense.

Despite disappointment from local officials, they remain optimistic legislation will pass this year and the state will alleviate the burden.

The bill, which passed through the state Assembly and Senate last year, would have eventually shifted 100 percent of the burden to the state for indigent legal services. In his veto message, Cuomo said the bill would require the state to spend more than $800 million annually to reimburse counties.

“The legislature framed this bill as ‘indigent defense’ bill. It is not. This bill is nothing more than a backdoor attempt to shift costs from the counties to the state taxpayers under the guise of indigent defense,” Cuomo wrote.

At the local level, the veto came as a disappointment for chief public defenders. Despite the governor’s veto, Ned Barone, public defender for Chautauqua County, said more state grant opportunities could be on the way to support the office’s budget. As it stands now, around 20-25 percent of the county Public Defender’s budget comes from state grants.

As a result, Barone said it’s helped him maintain a steady budget despite handling between 4,000 to 5,000 criminal cases and upwards of 1,500 to 2,000 cases in family court a year.

Between increased caseloads and new requirements taking effect, Barone said the burden on the office is becoming heavier with no additional funding to support more resources and staff. Come late February, a new state law takes effect requiring counties to provide defense counsel whenever and wherever arraignments are held. In addition, the state enacted new eligibility requirements, allowing more people the ability to obtain indigent legal services.

“It’s a real kick to the gut,” he said. “We’ve got a number of different issues that we’re having to deal with in a short period of time. On top of denial of legislation, we’re going to be experiencing a 30 percent increase in our caseload from last year.”

Barone is a member of the Chief Defenders Association of New York, consisting of about 50 members who have fought for legislation over the past couple years. Barone said he’s hoping a compromise will be made to get the bill passed.

“It may not be 100 percent funding for each county, but it will be close,” he said. “We were extremely happy when the legislation passed. It really puts together what we need not only as a county, but as a community. That legislation pretty much guaranteed equal access to justice for every individual. That’s what this is all about.”

The state funds all aspects of the judiciary system, and it should also fund local public defense programs, said Mark Williams, Cattaraugus County’s chief public defender. If legislation passed, the state would have assumed 25 percent of costs beginning April 1.

“By vetoing this bill, the governor has turned his back on thousands of people who are denied fair and equal justice due to under-resourced and overburdened public defense attorneys,” Williams said. “This is a tragedy. We will continue to work to end this injustice. We are used to working long hours with excessive caseloads for little pay. Together with the tens of thousands of New Yorkers who support this reform, we will again advocate for its passage and approval.”

Assemblyman Andy Goodell, R-Jamestown, said it’s likely the bill will be brought up in the Assembly again for a vote during session. Goodell said the bill received a lot of support in an effort to fund indigent defense services and noted he understands the governor’s concern since legislation wasn’t included in last year’s budget.

“It’s a legitimate concern when the Legislature passes programs without funds for it. I do support his concern. It is selective though,” Goodell said, citing the inclusion of a minimum wage increase in the budget without funds to help support the raise.

While the governor’s veto was disappointing, state Sen. Cathy Young, R-Olean, said the issue is still on the Senate’s priority list. Young said she fully expects the legislature to take further action during session to get the bill passed into law.

“This legislation is designed to pass along significant mandate relief to county governments so they can give desperately needed property tax relief to homeowners,” she said. “The state Senate Majority Conference has been laser-focused on reducing the tax burden on hardworking New Yorkers through initiatives such as Medicaid reform, and implementing the indigent defense bill is another step toward making our state a more affordable place to live, work and create jobs.”