Schoenefeld v. State of New York

Full Text of Decision.

The court upheld N.Y. Judiciary Law § 470, requiring nonresident attorneys to maintain offices in New York State. Noting that more than 20,000 NYSBA members reside or practice outside the state, President David P. Miranda formed a working group to review the decision.

Criteria and Procedures for Determining Assigned Counsel Eligibility (with forms)–NYS OILS

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From: Leahy, Bill (ILS) <Bill.Leahy@ils.ny.gov>

Date: Mon, Apr 4, 2016 at 4:26 PM

Subject: Criteria and Procedures for Determining Assigned Counsel Eligibility

Dear Board Members, Chief Defenders, Parental Representation Providers, County and City Officials:

 I am pleased to share with you the Criteria and Procedures for Determining Assigned Counsel Eligibility. They are the product of public hearings and surveys we conducted, in which many of you participated. These Criteria and Procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but “who are financially unable to obtain counsel.” County Law § 722. They are issued in accordance with Section VI of the Stipulation and Order of Settlement in Hurrell-Harring v. The State of New York and the authority granted to ILS under Executive Law § 832(3)(c). Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

 I would like to emphasize a few points about these Criteria and Procedures:

 ·         Both the statute and the settlement order state that the Criteria and Procedures are intended “to guide courts…in determining whether a person is eligible for” publicly funded representation.

 ·         The Criteria and Procedures do not require any change in current practice whereby some judges determine eligibility directly, while others delegate eligibility recommendation responsibility to a screening entity.

 ·         The Criteria and Procedures respond to decades of criticism of New York’s failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel.  In particular, they address the 2006 Kaye Commission critique that “guidelines for the appointment of counsel exist only in a few counties and that even in those counties, the guidelines were not uniformly applied.”  Therefore, “a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county.”

 ·         The process that we used to develop these Criteria and Procedures is explained at pp. 6-10.  I emphasize here that an important resource discovered at one of our eight public hearings was the 1977 Memorandum by the then-Director of the Third Judicial Department, Richard J. Comiskey, prepared at the direction of then-Presiding Justice Koreman and entitled “Assignment of Attorneys to Represent Individuals who are Financially Unable to Obtain Counsel.”  Our Criteria and Procedures build upon that early effort, which may be found at    https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Written%20Submissions/6th%20JD/Murphy/1977%20Third%20Department%20Memo.pdf.

 ·         We have heard and we respect the concerns that the implementation of these Criteria and Procedures may, in some localities, increase the number of persons who are eligible for the appointment of counsel. The data collection procedures described at pp. 50-51 are designed to measure that potential fiscal impact. Even in advance of implementation, during this six-month period of preparation, we will attempt to estimate the potential fiscal impact in particular localities; and we will seek additional state funding to pay for any increase in local costs which is attributable to their implementation.

 ·         A comprehensive study that we undertook to inform our establishment of these Criteria and Procedures is available for review on our website, https://www.ils.ny.gov.   That report is entitledDetermining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement (Final Report: February 12, 2016). The Criteria and Procedures themselves are also accessible on our website.

 ·         As explained at page six, second paragraph, these Criteria and Procedures apply to criminal court proceedings in the counties outside of New York City.  However, we hope that they will provide guidance also to judges making eligibility determinations in criminal cases in New York City, and to Family Court judges statewide.

 Thank you all for your efforts to improve the quality of legally mandated representation in New York.

 Bill 

 William J. Leahy

Director

NYS Office of Indigent Legal Services

80 S. Swan Street

11th Floor

Albany, NY  12210

518-486-5747 (office)

617-997-9091 (mobile)

bill.leahy@ils.ny.gov

http://www.ils.ny.gov

Editor’s NOTE:  Forms are included in the appendices to the document.

NYSBA–House of Delegates Webcast-10:00am, April 2, 2016

Meeting of the House of Delegates

Webcast Live from the New York State Bar Association, Albany, NY

Saturday, April 2, 2016

  

Watch the NYSBA House of Delegates in action on Saturday, April 2nd beginning at 10:00 a.m. by clicking http://www.totalwebcasting.com/view/?id=nysbar and choosing the April meeting.

  

  

Agenda

  

10:00 a.m. – Call to order, Pledge of Allegiance, and welcome

  

10:05 a.m. – Approval of minutes of January 29, 2016 meeting

  

10:10 a.m. – Report of Treasurer – Ms. Sharon Stern Gerstman

  

10:25 a.m. – Election of Nominating Committee and State Bar Delegates to ABA House of Delegates – Mr. Seymour W. James, Jr.

  

10:35 a.m. – Report of Committee on Membership – Ms. Sherry Levin Wallach

  

10:55 a.m. – Report of President – Mr. David P. Miranda

  

11:10 a.m. – Report and recommendations of Committee on the New York State

Constitution – Mr. Henry M. Greenberg

  

11:30 a.m. – Report of Commercial and Federal Litigation Section – Mr. Mark Arthur Berman

  

11:45 a.m. – Report of The New York Bar Foundation – Mr. John H. Gross

  

11:55 a.m. – Report of NYSBA/TNYBF Joint Pro Bono Task Force – Ms. Marion Hancock Fish and Hon. Barry Kamins

  

12:10 p.m. – Report of Executive Director – Mr. David R. Watson

  

12:25 p.m. – Administrative Items – Ms. Claire P. Gutekunst

  

12:30 p.m. – New Business

  

Next House of Delegates meeting:

Saturday, June 18, 2016

The Otesaga Hotel, Cooperstown, New York

  

  

April 2, 2016, starting at 10:00 a.m. 

Live Webcast

Albany Police Dept.–Video Training On Jan. 14th, 2016

Jan 11, 2016 1:23 PM

Stephanie A. Bugos

Dear Albany-area GP Section members:

The Albany Police Department has notified NYSBA of a video training that they are offering this week. The purpose of the training is to instruct attorneys on how to access and view in-car video evidence supplied by the Albany Police Department.

The training will be held on Thursday, January 14th at Albany Police Headquarters, 165 Henry Johnson Boulevard. Those who are interested may attend either a session from 10:00 a.m. to 11:00 a.m. or from 2:00 p.m. to 3:00 p.m.

Those who are interested should RSVP to videotraining@albany-ny.org with their name and preferred time of attendance.

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Also, don’t forget to register for the GP Section Annual Meeting program! January 26th in NYC – Details and registration are available here.

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Stephanie Bugos

New York State Bar Association

Albany NY

(518) 463-3200

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Judith Kaye, Pathbreaking Chief Judge, Dies at 77 | New York Law Journal

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Judith Kaye, the first woman to be New York state chief judge, died overnight, the state Court of Appeals said Thursday. She was 77. READ MORE »

Wal-Mart-based law firm is in an expansion mode-Canada

Lawyers who work at Canadian law firm Axess Law have a proven ability to appeal to Wal-Mart shoppers.

The discount law firm has offices in 10 Wal-Marts in the Toronto area, and it’s planning to expand to Ottawa early next year, the Financial Post reports. By the end of next year, it could have as many as 18 Wal-Mart locations.

Read entire article.

Real Estate Shell Companies Scheme to Defraud Owners Out of Their Homes – The New York Times

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A review by The New York Times of several dozen cases, and interviews with lawyers, prosecutors and others knowledgeable about fraudulent deed transfers, suggests they are accelerating even as officials struggle to address them. The city’s Department of Finance said it was investigating 120 cases, many of them hard to crack because of the role played by LLCs, officials said. Underscoring the rising alarm over the problem, the state attorney general, Eric T. Schneiderman, and the Brooklyn borough president, Eric L. Adams, held a forum last month to warn property owners about it.

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Read entire NYTIMES article here.

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