JURIST – DOJ: New York jail routinely violates rights of adolescent inmates

 

[JURIST] The US Department of Justice (DOJ) [official website] released a report [press release] Monday finding that the New York City Department of Correction [official website] has routinely violated the constitutional rights of male teenagers at the Rikers Island jail complex. The report was released after a multi-year investigation pursuant to the Civil Rights of Institutionalized Persons Act (CRIPA) [text] was completed, which found that correctional officers relied on physical forms of punishment. No legal action has commenced [Reuters report]…   +read more

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New York Notification of Right to Appeal (Criminal) Form & Instructions

Application for New York State Education Department Certification as a Special Education Impartial Hearing Officer: Special Education : P-12 : NYSED

 

The New York State Education Department is seeking applications from individuals to serve as impartial hearing officers (IHOs) to conduct special education impartial due process hearings for students with disabilities, 3-21 years of age pursuant to section 200.1(x) of the Regulations of the Commissioner of Education. Interested individuals should submit a letter of interest, completed application and resume no later than July 30, 2014. For more information, please see http://www.p12.nysed.gov/specialed/dueprocess/IHOannounce.htm. Please share as appropriate. Thank you.

New York State Education Department

P-12: Office of Special Education

89 Washington Avenue, Room 309 EB

Albany, NY 12234

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NACDL – Clemency Project Overview

 

Northern District of New York

Federal Court Bar Association, Inc.

www.ndnyfcba.org

(315) 422-2799

July 13, 2014

ANNOUNCEMENT

NACDL Clemency Project 2014 

Upcoming Mandatory

Live Webinar Training

July 15 and July 16, 2014 

Dear Leonard:

The NDNY-Federal Court Bar Association is pleased to forward our members the following information regarding the 2014 NACDL Clemency Project and the upcoming 2014 Required Training Live Webinar which will be held on July 15, and July 16, 2014.

The NACDL Clemency Project asks the legal profession to provide pro bono assistance to federal prisoners who would have likely received a shorter sentence if they had been sentenced by  today’s sentencing standards.  Support for this program comes from the NACDL, ABA, FAMM, ACLU, federal public defenders and other bar groups.

Please contact the Clemency Project administrators for details, questions and registration:

clemencyproject@nacdl.org.

For more information about the program please visit their website at: http://www.nacdl.org/NewsReleases.aspx?id=33100.

_________________________

Dear Clemency Project 2014 Volunteers,

First, on behalf of NACDL, our colleagues at the ABA, FAMM, the ACLU, federal public defenders, and the many other bar groups that are referring volunteer lawyers to Clemency Project 2014, I want to again extend our deepest gratitude for this remarkable outpouring of support in this effort. For those who have previously heard from us, this is a further update on where things stand. For those who have volunteered since our previous communication, welcome to the Project.

The most important piece of information to communicate is that the required training for all Clemency Project volunteers will be conducted via a live webinar on July 15 and 16. The program will be webcast from NACDL headquarters, and will also be available online shortly thereafter for on-demand viewing. Therefore, while live viewing is preferable, it is not mandatory. It is anticipated that the complete program will consist of four 90-minute segments.

Prior to the live training, all volunteers will be provided with a link to view the program agenda. We plan to conduct the program in an interactive manner to afford participants an opportunity to submit questions. If there are clarifying questions that cannot be addressed during the webcast, Project volunteers will share the questions and answers via an email subsequent to the live production. All participants, whether participating in the live webcast, or viewing it subsequently online, will be required to certify that they have viewed the entire training program before cases are assigned to them. Case assignment will begin shortly thereafter.

As many of you know, the Bureau of Prisons has been notifying all inmates serving federal sentences of the clemency initiative and its criteria. Additionally, all inmates are being advised that they may request pro bono counsel through Clemency Project 2014. Most inmates are receiving the notification and an electronic questionnaire via the BOP internal TRULINCS communications system. The results of that survey are transmitted to Clemency Project 2014 and imported into a tracking system that will be the central repository for all requests. The tracking system will provide you online access to verify and update the inmate’s information, as well as to track the progress of each case. As of now, we have received more than 18,000 requests for assistance. Additionally, the small percentage of inmates who cannot access the electronic survey have access to a paper questionnaire that they can mail to Clemency Project 2014. So far, we have received close to 1,000 questionnaires.

Thus, in addition to the tremendous efforts of a Training Committee that is assembling both the core training and supplementary materials to assist those who will be reviewing the inmate requests, we are spending the time between now and mid-July to organize and sort all of the electronic data, as well as to capture the raw data received on the paper questionnaires.

Additionally, sometime between now and the training program, you will be asked to register for the training and complete a survey. The survey will seek to determine how much time and resources you can devote to the project, and to provide the Project with some basic information about your experience level. This information will help the Project determine how best to employ your talents at the various phases of the review, screening, and petition drafting process.

We are extremely pleased that Cynthia Roseberry, an outstanding criminal defense lawyer who has most recently served as the Executive Director of the Federal Defenders for the Middle District of Georgia, will be coming to Washington, D.C. to serve as Project Manager. Once Cynthia arrives at her post, in the middle of this month, she will be the principal point person for you as volunteers and she will be responsible for the overall management of the Project.

Again, thank you for volunteering. We will continue to provide periodic updates via email. In the meantime, for those who can be available, we hope you will join us for the July 15 and 16 training webcast.

One final note: from time to time, we will send essential updates such as this to all volunteers for Clemency Project 2014. Please do not unsubscribe from this distribution list, as it will mean that you will no longer receive information concerning the project. For questions or updates about the Clemency Project, please send emails toclemencyproject@nacdl.org<mailto:clemencyproject@nacdl.org>.

With best regards and gratitude on behalf of my colleagues in Clemency Project 2014,

Norman L. Reimer

Executive Director

NACDL

____________________________

We encourage all interested attorney to join this worthwhile project.

Sincerely,

Edward R. Conan

2012 Past President

and

The Officers for the NDNY-Federal Court Bar Association

NDNY-Federal Court Bar Association

www.ndnyfcba.org

(315) 422-2799

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Notice of Public Hearing: Special Education : P-12 : NYSED

 

 

United States Department of Education
Notice of Public Hearing 
July 16, 2014
1:00 pm-3:00 pm and 6:00 pm – 8:00 pm
New York State Education Department
Office of Professional Discipline
1411 Broadway 
Regents Room 10th Floor
New York, New York

On Wednesday, July 16, 2014, the United States Department of Education (the Department) will conduct public hearings, pursuant to section 457 of the General Education Provisions Act (GEPA), 20 U.S.C. § 1234f to determine whether it should enter into a Compliance Agreement with the New York State Education Department (NYSED).  Written public comments on this issue will also be accepted through July 26, 2014.  NYSED has requested that the Department allow NYSED to enter into a Compliance Agreement to resolve its noncompliance with a specific requirement under Part B of the Individuals with Disabilities Education Act (IDEA).  Since April 2012, NYSED has not been in compliance with the IDEA Part B requirement to issue within thirty (30) days, unless a party requests and is granted a specific extension, the State-level independent decision in an appeal of an impartial due process hearing officer’s decision.  (20 U.S.C. § 1415(g); 34 CFR §§ 300.514(b) and 300.515(b)).  NYSED has stated that it is not able to correct this noncompliance within one year due to the significant and unanticipated increase in the number of appeals of due process hearing decisions under Part B of the IDEA.

 

***

 

You must have a photo ID and should arrive early to process through security.  To facilitate security processing, all individuals planning to attend must notify the Department by July 7, 2014 so that a list of attendees can be provided to Building Security.  In addition, please indicate if you plan to give testimony.  Participation notification and requests for reasonable accommodations should be submitted to: Jocelyn Logan-Friend with the Department at OSEPnysedhearinginfo@ed.gov by July 7, 2014. 

 

***

n consideration of information provided through this public comment process, the Department will determine whether it is feasible for NYSED to reach compliance within one year and, based on that determination, will issue Written Findings and a Decision to that effect, which will be published in the Federal Register along with the substance of any Compliance Agreement. 

To obtain a copy of this notice, please contact Jocelyn Logan-Friend atOSEPnysedhearinginfo@ed.gov

You may also click here.

 

 

July 15, 2014 CLE – False Claims Act and Qui Tam Enforcement – Albany, New York

 

NDNY-FCBA CLE – “False Claims Act and Qui Tam Enforcement:  All Points of View”
Albany, July 15, 2014

9:00 a.m – 1:00 p.m.

Registration at 8:30 a.m.

4.5 credits – Professional Practice

The civil False Claims Act is one of the fastest growing areas of federal litigation, particularly because of its unique qui tam provisions, which allow private citizens to file suit alleging fraud on behalf of the government. If the government prevails in the action, the whistleblower (known as a “relator”) receives up to 30 percent of the recovery. The Department of Justice secured $3.8 billion in False Claims Act settlements and judgments last fiscal year alone, of which relators received $345 million. Several million of those
dollars were recovered as a result of cases filed in the Northern District of
New York.

This comprehensive CLE features a well-balanced faculty of local and national False Claims Act practitioners who will speak from varying perspectives and address all aspects of False Claims Act and qui tam matters. Our speakers include representatives from the U.S. Department of Justice, the New York State Office of the Attorney General, a federal Inspector General’s Office, as well as members of the relators and defense bars, to ensure a balanced discussion.

What You Will Learn
Whether you are a beginner or an expert, this CLE has something for you – from a presentation by United States Attorney Richard S. Hartunian on the types of cases that his office is bringing in upstate and central New York, to practical solutions regarding litigation strategy presented by seasoned practitioners in this field.

The CLE will include a primer on the False Claims Act, an overview of the federal government’s role in False Claims Act litigation, and a panel discussion that will address various topics ranging from dealing with parallel civil, criminal, and administrative proceedings to emerging issues in qui tam litigation.

Time is reserved throughout the program to address registrants’ questions.

Register Now!

There is no charge for this program.  Program is free for members of NDNY-FCBA…Non-members may join NDNY-FCBA and also be admitted free.

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Legislature Approves 25 New Family Court Judgships | New York Law Journal

 

ALBANY – New York City will get nine new Family Court judges and upstate will get 16 under end-of-session legislation enacted overwhelmingly Thursday and today by state lawmakers.

The bill, if it is signed by Gov. Andrew Cuomo, will increase the number of Family Court judgeships in New York City from 47 to 56, effective Jan. 1, 2015. It has not yet been determined where the new judges, all of whom would be appointed by the mayor, will sit.

Upstate will get 11 new judges this year and another five on Jan. 1, 2016. All of the upstate positions are elective, and candidates can seek the posts this November in Albany, Broome, Chautauqua, Franklin, Nassau, Oneida, Oswego, Schenectady, Suffolk, Ulster and Westchester counties. The other five Family Court positions will be created in Delaware, Dutchess, Erie, Monroe and Warren counties effective Jan. 1, 2016, with candidates running in November 2015.

Read more: http://www.newyorklawjournal.com/id=1202660271889/Legislature-Approves-25-New-Family-Court-Judgships#ixzz35DPXZE1a

 

 

 

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