The Peru Gazette

Public Defender Jamie Martineau

By John T. Ryan 

Plattsburgh –  The Clinton County Public Defender’s office opened on April 1st.  Since then Public Defender Jamie Martineau and three Assistant County Public Defenders have handled over 700 criminal cases in Clinton County’s town, city and village courts. Case numbers have grown to the extent that the county legislature recently authorized Martineau to hire two additional attorneys. The vast majority of people charged with a crime in Peru qualify to be represented by a public defender. Peru Town Justice James Kirby estimates that when he presides in a criminal case, Martineau represents 80% to 90% of the defendants. 

A 2015 lawsuit titled Hurrell-Harring vs. the State of New York led to the new statewide public defender program. In some parts of New York State indigent defendants were not receiving proper representation, sometimes sitting in jail for months without an attorney. Some court assigned attorneys were accepting so many cases that they could not properly represent their clients. The parties reached a settlement whereby New York State agreed to regulate and monitor assigned defense attorney caseloads.  

The program is being implemented by establishing county public defender offices.  Last year Clinton County received a 5-year $6.89 million grant to fund its program. In early January Martineau moved into an office at 12 New York Road adjacent to the U.S. Oval. Over the course of the next three months he hired a staff and on April 1st the office officially opened. The public defenders are Clinton County employees; however, their caseload is monitored by the New State Office of Indigent Legal Services. Attorneys who used to represent indigent persons are still assigned cases such as in family court or when a public defender has a conflict of interest but at a much reduced level. 

Public defenders are licensed attorneys and Clinton County’s have several years of criminal law experience including service as assistant district attorneys.  Martineau added, “We concentrate on criminal law.  We do not handle such matters as divorces, real estate, estate or parole hearings. We specialize in criminal cases. Crimes have ranged from low level violations to high level felonies and everything in between.” 

Each public defender is assigned to a specific court. Martineau works in the towns of Peru, Dannemora, Ausable, Chazy and the City of Plattsburgh.  He said cases are being settled faster because public defender schedules are aligned with that of the courts. Previously attorneys often represented defendants in several courts, many with different schedules,  resulting in schedule conflicts and frequent postponements.  Martineau added, “The program also assists the district attorney’s office. It’s easier for the district attorney to deal with one attorney rather than dealing with fifteen different attorneys representing fifteen defendants.”