nysacdl.org

State of the Judiciary Address

Staff NYSACDL — Tue, 14 Feb 2012 22:25:20 +0000

February 14, 2012 – Chief Judge Jonathan Lippman Delivered the State of the Judiciary AddressChief Judge Jonathan Lippman delivered the State of the Judiciary Address today outlining an impressive agenda for the year. The Address covered important initiatives which Judge Lippman is committed to implementing through the judiciary. These include a reassessment of the treament of juvenilles which is in keeping with developing scientific research on the development of the adolescent brain, continued vigilance of law enforcement and prosecutorial practices to prevent wrongful convictions and a concomitant commitment to providing indigent defense, and, of particular need during these harder economic times, expanded civil legal services for those facing civil legal proceedings ranging from foreclosure or eviction to domestic violence, children services, access to health care and education, and consumer debt among other travails.

Visit the Court of Appeals website to link to the webcast and a pdf of the Judge’s speech.

NYSACDL Co-Hosts Women’s History Month Event

Staff NYSACDL — Fri, 10 Feb 2012 22:31:58 +0000

“Ready, Set Lead! Women’s Future: Where Do We Go From Here?” a Long Island – wide program honoring amazing women leaders from various fields will be held on March 23, 2012 from 6:00 – 9:00 p.m. at the Melville Marriott. This year’s program marking Women’s History Month will be hosted by four bar associations comprised of over 10,000 members: the Nassau County and Suffolk County Bar, and the Nassau County and Suffolk County Women’s Bar Associations, and the Partnership to Advance Women Leaders (PAWL). This year, NYSACDL is proud to join these Associations in co-hosting the event.

The women being honored are:

Hon. A. Gail Prudenti, Chief Administrative Judge of NYS for Law

Dr. Virginia Maurer, Breast Surgeon and Founder of The Maurer Foundation for Breast Health for Medicine

Kris Fischer, Editor of the NYLJ for Business

Theresa Regnante, CEO of United Way for Public Service, and

Sister Elizabeth Hill, President of St. Joseph’s College, for Academia.

CNN Reporter Sandra Endo will moderate the event.

Last year’s joint program “Ready, Set, Lead! Empowering Women in the Political Process,” United States Supreme Court Justice Sandra Day O’Connor addressed the gathering of over 500 Long Islanders by video. In her words, “If our country is going to maintain a leadership edge, we must fully support and promote women”. The astounding success inspired the creation of the organization PAWL. This year’s program promises to be as successful.

Please mark your calendars, and watch for details to follow!

NYSACDL Urges Members to Call for Restoration of NYSDA’s Funding

Staff NYSACDL — Fri, 10 Feb 2012 16:59:23 +0000

NYSACDL is urging members to write to legislative leaders calling for the restoration of funding for NYSDA’s Public Defense Backup Center. NYSDA’s Public Defense Backup Center which performs New York State’s backup function under the Sixth Amendment is jeopardized by Governor Cuomo’s proposed FY 2012 budget which effectively represents a 42% cut from what it costs NYSDA to run the Backup Center in the current fiscal year. This denigration of the indigent defense function would be a serious blow to the right to counsel in New York State. NYSACDL asks you write legislative leaders and the Governor to seek the $2,211,800 NYSDA needs to run the same Backup Center program it delivered last year and to restore its crucially important statewide Basic Trial Skills Program.

The Backup Center provides training, research, and substantial technical assistance for free or at affordable rates to local public defense programs with the result being improved quality of representation for public defense clients. With the continued erosion of services and resources for public defense programs due to local budget cuts, the need for adequate funding of the Backup Center is even more pronounced so that this invaluable and consistent resource can exist.

Whom to write / more information

NYSACDL FOUNDATION ANNUAL DINNER

Staff NYSACDL — Wed, 01 Feb 2012 21:12:05 +0000

NYSACDL Foundation hosted the 2012 Annual Dinner and Awards Ceremony on January 26 at the Prince George Ballroom in Manhattan and honored New York State Chief Judge Jonathan Lippman with the William Brennan Award for Outstanding Jurist. Criminal defense attorney David Ruhnke received the Thurgood S. Marshall Award for Outstanding Criminal Practitioner for his commitment to defense of those facing the death penalty. Colleagues from around the state were on hand as Richard D. Willstatter of White Plains was sworn in as Association president for 2012.

Richard D. Willstatter of White Plains was sworn in as Association President for 2012.

Richard Willstatter, partner in the White Plains law firm Green & Willstatter, has been a criminal defense lawyer his entire career starting as a staff attorney with The Legal Aid Society Criminal Defense Division in the Bronx.

Kevin O'Connell administers the oath of office to Richard Willstatter

Richard has served as the NYSACDL’s Amicus Curiae Committee Chair and the co-chair of NACDL’s Second Circuit Amicus Committee. He has been instrumental in pressing NYSACDL’s position on issues of state and national importance including the Brown v. Blumenfeld Article 78 proceeding challenging the Queens’ DA’s practice of delaying arraignment and the appointment of counsel to “interview” arrestees and the challenge to police use of a GPS to track movements of vehicle as a warrantless and unjustified search.

The William Brennan Award was presented to Chief Judge Lippman.

Judge Kamins presented the Brennan Award to Judge Lippman

In accepting the Award, Chief Judge Lippman strongly advocated the reforms he passionately seeks to enact: moving the prosecution of children for nonviolent offenses out of criminal court; ensuring the appointment of counsel at arraignment throughout the State’s city, town and village courts; according the right to counsel to poor civil litigants threatened, for example, with

homelessness or deportation. NYSACDL recognizes and commends Judge Lippman for commissioning the New York State Justice Task Force, his efforts to ensure more reliable eyewitness identification procedures, greater access to DNA for convicted defendants, and the prevention of wrongful convictions.

Judge Kamins, Administrative Judge of the Criminal Court of the City of New York, author of a treatise Search and Seizure, introduced Judge Lippman and remarked the Judge’s leadership and commitment to instituting the reforms he supports.

The Thurgood Marshall Award for Outstanding Practitioner was presented to David Ruhnke

NYSACDL’s Hon. Thurgood S. Marshall Award for Outstanding Criminal Practitioner was given to David Ruhnke, a National Death Penalty Resource Counsel. Mr. Ruhnke was introduced by his law partner and wife, Jean D. Barrett, who is also a Resource Counsel and an equally impressive death penalty lawyer. David’s legal expertise is matched by his compassion for those facing the ultimate penalty. Of 16 capital cases tried, 14 resulted in non-death verdicts; the two death verdicts were reversed on appeal.

David Ruhnke receives award from Jean Barrett

More Photos from the Event!

NYSACDL Opposes Bill Authorizing Forfeiture At Sentencing

Staff NYSACDL — Mon, 23 Jan 2012 21:17:20 +0000

Calling it a “dangerous and burdensome expansion of the criminal court’s responsibility”, NYSACDL President Kevin O’Connell recently voiced opposition to a bill contained within the 2012 – 13 budget recently submitted to Gov. Cuomo which requires judges to order asset forfeiture at sentencing on every felony and misdemeanor conviction. Noting that criminals should not be allowed to profit from crimes, NYSACDL nonetheless opposes the current bill which which lacks the procedural notices and safeguards in place in the current state forfeiture scheme. Mr. O’Connell cited as example, for instance, a teenager uses drugs in the family home; is the home “involved” in the crime thereby causing the parents to lose the home?

The bill is supported by prosecutors and intended to obviate the need for prosecutors to pursue asset forfeiture in a separate civil proceeding. Funds from forfeited assets go to state and local governments including prosecutors’ offices. The bill as submitted however is broad and greatly expands the courts’ authority to order forfeiture of assets “constituting, or derived from, proceeds the person obtained directly or indirectly as the result of” a violation of any offense.

The bill and NYSACDL’s response were detailed in a recent New York Law Review Article: Caher, John, Cuomo Bill Would Move Forfeiture Rulings to Criminal Sentencings, NYLJ, January 20,12012

NYSACDL President Testifies on Raising Age of Criminal Responsibility

Staff NYSACDL — Fri, 16 Dec 2011 17:17:20 +0000

December 15, 2011 – NYSACDL President Kevin O’Connell testified before the New York State Permanent Sentencing Commission in support of Chief Judge Jonathan Lippman’s proposal to raise the age of criminal responsibility in New York to 18. The move would alleviate the burden of a criminal conviction and often dire collateral consequences such as getting accepted into college or programs, getting jobs, and of course, immigration consequences to name a few. Growing awareness of the development of the adolescent brain and the differences between adults and adolescents point to the need and justification for different treatment of the younger offenders. It is urged that the age of criminal responsibility be raised and the eligibility for Youthful Offender Treatment be expanded for misdemeanors and non-violent felonies. NYSACDL President Kevin O’Connell’s Testimonyy.

Hurrell-Harring: Important Consequences

Staff NYSACDL — Fri, 16 Dec 2011 16:24:17 +0000

In a recent article, The Right to Counsel at Arraignment in New York, John P. Gross, Indigent Defense Counsel for the National Association of Criminal Defense Lawyers, discusses the importance of the Court of Appeals decision in Hurrell-Harring recognizing that arraignment is a critical stage of the criminal proceeding and the need to provide counsel at that critical juncture. The Court of Appeals decision in Hurrell-Harring v. New York, 15 N.Y.3d 8 (2010) reinstating a challenge on behalf of indigent defendants to the adequacy of New York’s public defense system served as an important recognition of the need to remedy the failure to provide indigent criminal defendants with counsel beginning at arraignment. Yet, defendants throughout the state continue to be arraigned without counsel in the majority of cities and towns outside of New York City. The article is reprinted with permission from the December 12, 2011 edition of the New York Law Journal © 2011 ALM Media Properties, LLC. All rights reserved. www.almreprints.com; also reprinted in The Champion.

Lawyers Uncover Facebook Posts About West Indian Day Parade

Staff NYSACDL — Thu, 08 Dec 2011 21:16:43 +0000

NYSACDL members Paul Lieberman and Benjamin Moore used 21^st century investigative techniques to uncover a string of comments on Facebook by NYPD personnel about Brooklyn’s West Indian Day Parade. The comments – some clearly offensive – provided material for a very effective cross-examination of the officer who arrested their client on the morning of the parade. After the acquittal, the comments, which had been saved by the attorneys before being taken down mysteriously from the website, were forwarded to the NYPD Internal Affairs Bureau for investigation. As noted in the New York Times the disclosure of the comments brought calls for an independent investigation of the incident and condemnation from numerous public officials. Read more in the New York Times

NYSACDL Attorneys Meet With International Delegation from China

Staff NYSACDL — Wed, 07 Dec 2011 16:42:13 +0000

December 6, 2011 – Members of NYSACDL met today with a delegation of attorneys from China who are visiting the United States under the auspices of the Department of State’s International Visitor Leadership Program. The delegation is here meeting with attorneys, visiting law schools, courts, and bar associations in an effort to better understand the U.S. legal system, judicial processes and constitutional provisions. NYSACDL past president Joshua Dratel, NYSACDL treasurer Aaron Mysliwiec, vice-presidents Michael Shapiro and Donna Newman and Executive Director Margaret Alverson met with JingLi Cai, attorney from Beijing, Cai RangTa, Professor at Law School of Qinghai Nationalities University, ShiDong Dong, Senior Judge, Supreme Court, People’s Republic of China, PiLiang ShanGuan, Associate Professor, Kenneth Wang School of Law, SooChow University, ZhenYu Want, Director, Beiing Impact Law Firm, Meng Yu, Director of Investigation Supervisions, The People’s Procurate of Chaoyang District, Beijing. The exchange included a discussion of the Fourth Amendment protections against unreasonable searches and seizures and the application of the exclusionary rule, the Fifth Amendment’s right against self-incrimination and the right to counsel. Mechanisms for providing counsel, whether retained, pro bono, or court appointed were also discussed.

NYSACDL Files Amicus challenge to the Second Circuit’s “triviality exception”

Staff NYSACDL — Sat, 19 Nov 2011 17:16:25 +0000

NYSACDL and NACDL joined in a Petition for Rehearing en banc in the U.S. Court of Appeals for the Second Circuit which challenges as flawed the “triviality exception” to the Sixth Amendment’s guarantee of the right to a fair trial. U.S. v. Gupta, 09-4738-cr. The Second Circuit majority in Gupta applied the triviality exception in holding that the erroneous courtroom closure during voir dire was too insignificant to violate the Sixth Amendment’s public trial clause. In Presley v. Georgia, 130 S. Ct. 721 (2010), however, the Supreme Court found a violation and reversed, without reviewing for triviality, based on a similarly erroneous voir dire closure – despite having the exception squarely before it. It is argued now that the Second Circuit should now abandon the triviality exception to the right to a public trial.