Poloncarz's $40 Million Lie: The Numbers He Never Corrected

Erie County Executive's plan to replace Assigned Counsel Program with public defender's office would cost more and provide worse legal representation, analysis finds.

Apr. 18, 2026 at 6:06pm

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A dimly lit, cinematic interior of a government office or courthouse, with a lone desk or chair bathed in warm, diagonal sunlight, conveying a sense of solitude and contemplation around the topic of indigent legal defense.Poloncarz's plan to overhaul Erie County's indigent defense system raises concerns about increased costs and diminished legal representation for the poor.Buffalo Today

Erie County Executive Mark Poloncarz wants to replace the Assigned Counsel Program, a 60-year-old system that provides lawyers to those who cannot afford one, with a public defender's office or expanded Legal Aid. Poloncarz claimed the change would save taxpayers $40 million a year, but an analysis of the actual numbers shows his estimate was wildly inaccurate and that the replacement would likely cost $3 million more in the first year, growing to $8 million more annually within five years.

Why it matters

Poloncarz's plan is based on flawed financial projections and could result in a less effective indigent defense system, with overworked public defenders unable to properly represent clients. This could lead to more people being sent to jail at additional cost to taxpayers.

The details

Poloncarz cited Monroe County's $9 million public defender's office as a model, but failed to mention that Monroe also has a Conflict Defender's office and Assigned Counsel Program, bringing its total indigent defense costs to $20.7 million. In contrast, Erie County's Assigned Counsel Program and Legal Aid Bureau of Buffalo cost a combined $25.8 million in 2024, not the $40 million Poloncarz claimed. Replacing the Assigned Counsel Program with a public defender's office or expanded Legal Aid would likely cost an estimated $23 million in the first year, $3 million more than the current system.

  • Poloncarz made his $40 million claim in his April 2024 State of the County address.
  • The Assigned Counsel Program handled approximately 24,000 cases in 2024.

The players

Mark Poloncarz

Erie County Executive who wants to replace the Assigned Counsel Program with a public defender's office or expanded Legal Aid.

Assigned Counsel Program

A 60-year-old system that provides lawyers to those who cannot afford one, meeting a state-mandated obligation.

Legal Aid Bureau of Buffalo

An organization that handles primarily misdemeanors in Buffalo City Court and some felonies.

Monroe County

A county Poloncarz cited as a model for a public defender's office, but which also has a Conflict Defender's office and Assigned Counsel Program.

New York State's Office of Indigent Legal Services

The state agency that sets mandatory caseload standards for staff attorneys in public defender offices and Legal Aid organizations.

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What they’re saying

“Due to new state mandates, Erie County will spend nearly $40 million on indigent defense this year.”

— Mark Poloncarz, Erie County Executive

What’s next

The analysis suggests that Poloncarz's plan, if implemented, could cost taxpayers more money while providing worse legal representation to those who can't afford a lawyer. It remains to be seen whether Poloncarz will revise his proposal based on the actual financial data.

The takeaway

Poloncarz's plan to replace Erie County's Assigned Counsel Program with a public defender's office or expanded Legal Aid appears to be based on flawed financial projections, which could result in a less effective indigent defense system and higher costs for taxpayers over time.