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.

ORT’s TRID Closing Calendar

ORT’s  TRID Closing Calendar tool allows you and your customers to easily plan your settlement/signing dates in order to meet the CFPB’s TRID Rule timing requirements.

Select your closing method … and then click on a closing/recording date to see the desired closing timeline.

Pace Criminal Justice Blog — Recent #NYCA Decisions: Ineffective Assistance of Counsel

Pace Criminal Justice Blog has posted a new item, ‘Recent #NYCA Decisions:

Ineffective Assistance of Counsel’

The New York Court of Appeals has been busy on the criminal procedure front.

Last month it decided several cases, including three that addressed the issue

of ineffective assistance of defense counsel. In one, the court held that

counsel had been ineffective in failing to move to suppress a gun. In the second

and third, the […]

You may view the latest post at

http://pcjc.blogs.law.pace.edu/2016/04/21/recent-nyca-decisions-ineffective-assistance-of-counsel/

Information Posted about DEC’s New Approach for Clean Water Plans

DEC is implementing a new approach to addressing the water quality issues in identified lakes, rivers and streams on the Section 303(d) List of Impaired Waters. This new approach is described in a document just posted to DEC’s website entitled, the Vision Approach to Implement Clean Water Act 303(d) Program and Clean Water Planning (PDF, 832 KB). This document describes New York’s adaptive strategy to prioritize waterbodies for the development of clean water plans based on the state’s identified priority concerns: nutrients, pathogens and public use. For more information about clean water plans, visit DEC’s Clean Water Plans webpage.

Clearwaters Column on Wastewater Infrastructure Funding

A column about wastewater infrastructure funding written by DEC Deputy Commissioner for Water Resources James Tierney is now available on the Columns by DEC Staff Appearing in Clearwaters webpage. The column discusses several state and federal wastewater infrastructure funding opportunities. This column was originally published in this spring’s issue of Clearwaters magazine.

Casetext’s New Features Help You More Easily Get to the Essence of Case – Robert Ambrogi’s LawSites

by Robert Ambrogi

***

Casetext is on a journey. And it just took another big step along the path.

The journey is to develop a free legal research platform that is as robust and useful as a paid site. The big step is a new case-reading page that adds features that make it easier to quickly understand what a case is about, whether the case is important, and why.

Casetext launched the new features on March 23. Now, when you read a case on Casetext, the page includes several elements that enable you to quickly get to the nub of the case and discover how other courts and commentators viewed the case. These elements are set forth more fully here.

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

———- Forwarded message ———-

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.

Update Your Research And Validate Your Cases With Alternative Citators – MyCase Blog

by Lisa Solomon,

Citators have two main functions. First, they allow you to quickly locate other cases that cite a particular case. Second, they allow you to quickly identify other cases that affect the validity of a particular case.* 

While many consider Shepard’s (from LexisNexis) and KeyCite (from Thomson Reuters, home of WestlawNext) to be the “gold standard” in citators, the former is available only in connection with a Lexis Advance subscription and the latter is available only in connection with a WestawNext subscription. Here are some free alternatives to consider:

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