Federal Court Upholds New York's Limits on Unauthorized Practice of Law

A recent federal court decision in New York has reinforced longstanding restrictions on the unauthorized practice of law, highlighting the balance between access to justice and protecting the public from unqualified legal advice. The case, Upsolve Inc. v. James, centered on a nonprofit organization's effort to use non-lawyers to provide free legal guidance in debt-collection lawsuits. The program trained non-lawyers, called Justice Advocates, to help low-income individuals complete a standard one-page answer form in response to debt-collection suits, where default judgments occur in up to 90% of cases.

The litigation began in January 2022 when Upsolve filed suit against New York Attorney General Letitia James in the U.S. District Court for the Southern District of New York. Upsolve, along with the Rev. John Udo-Okon, challenged New York's unauthorized practice of law rules, arguing they violated First Amendment rights by limiting their American Justice Movement program. In May 2022, U.S. District Judge Paul Crotty granted a preliminary injunction, finding the rules likely unconstitutional as content-based restrictions on speech, subject to strict scrutiny.

The judge noted the program's safeguards, including training, ethical guidelines and referrals for complex matters, and concluded the rules were overbroad.

The state appealed, and in September 2025, the 2nd U.S. Circuit Court of Appeals vacated the injunction. The appeals court ruled the unauthorized practice rules were content-neutral and should be reviewed under intermediate scrutiny, a less stringent standard. The case was sent back to the district court for further review. On March 5, 2026, U.S. District Judge Lewis Kaplan dismissed the complaint, upholding the rules. Kaplan found the restrictions advanced important government interests without unduly burdening speech.

This outcome underscores key public policy reasons for maintaining limits on unauthorized legal practice. New York's rules, enforced through civil, criminal and contempt proceedings, require legal practitioners to meet rigorous standards: a law degree, passage of the bar exam and demonstration of good character. These measures protect consumers from incompetent, inexperienced or unethical advice, particularly in individualized cases like debt disputes, where poor guidance can lead to severe financial harm. The rules also safeguard the integrity of the justice system by ensuring ethical behavior and independence among those providing legal services. Court have long recognized that unregulated advice poses risks, especially in organized programs where non-lawyers might face conflicts or lack accountability.

While programs like Upsolve's aim to improve access to justice, the decision emphasizes that such goals must not compromise public protection.

For those needing legal help, options abound beyond unauthorized sources. Individuals should contact the New York State Bar Association's lawyer referral service, a local indigent legal services provider or a competent local attorney of their own choosing.

New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2026 Annual Report of its activities for 2025, released March 2, the New York State Commission on Judicial Conduct reported the following:

• 582 preliminary inquiries were conducted.
• 330 full-fledged investigations were conducted
• 28 judges resigned while under investigation
• 7 judges were publicly censured.
• 3 judges were publicly admonished.
• 31 judges were issued confidential cautionary letters.
• 190 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is an independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The 2026 annual report is available here.

Schuyler County Legislature Set to Tackle Grants, Budget Items at March Meeting

The Schuyler County Legislature will consider a range of resolutions involving public safety grants, county facility improvements and intergovernmental contracts when it meets Monday, March 9, at 6:30 p.m. in the legislative chambers at the county courthouse complex.

The meeting is part of the Legislature’s regular monthly session, typically held on the second Monday of each month, during which lawmakers review and vote on resolutions previously examined by the Legislature Resolution Review Committee.

Among the more significant items on the agenda are several resolutions related to victim assistance services, emergency communications infrastructure and county building improvements.

Several measures involve county facilities and operational contracts. Legislators are expected to vote on accepting a bid from Stark Tech Services LLC for generator and uninterruptible power supply testing and maintenance at county facilities through 2029. The contract would cost approximately $23,240 in 2026, with additional costs scheduled in later years.

Two resolutions would also set public hearings on proposed uses of repair reserve funds. One hearing would address plans to upgrade a bathroom in the county jail dormitory, while another would consider relocating piping in the Emergency Management server room.

Additional agenda items include authorization to advertise for courtroom renovation bids, approval of bids for county supplies, surplus property declarations and appointments to county boards and committees.

As with regular legislative meetings, the session will include opportunities for public comment before and after legislative business.

The meeting will take place at 105 Ninth St. in Watkins Glen and is open to the public.

Second Amendment Legal Update, March 2026

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Schuyler County Attorney reminds local drivers of updated NYS point values for driving violations

Schuyler County Attorney Steven Getman today issued a reminder to New York motorists about recent updates to the state's Department of Motor Vehicles point and penalty system, which aim to enhance road safety by imposing stricter consequences for traffic violations.The changes took effect Feb. 16, 2026, and include increased point values for several serious offenses, as well as assigning points to violations that previously carried none.

The look-back period for points on a driver's record has been extended from 18 months to 24 months, allowing the DMV to identify and penalize persistent violators more effectively.

"These modifications mean that even minor or repeated infractions can add up quickly, potentially leading to license suspension, higher insurance rates or additional fees," Getman said. "Drivers in Schuyler County and across New York should familiarize themselves with the new rules to avoid unintended consequences on the road."Under the updated system, alcohol- or drug-related convictions, incidents and aggravated unlicensed operation now carry 11 points, a significant jump from zero.

Other key adjustments include 8 points for overtaking or passing a stopped school bus (up from 5), speeding in a construction zone (previously variable based on speed) and over-height vehicle or bridge strikes (previously zero).

Points have also risen to 5 for leaving the scene of a personal injury crash (from 3), failure to exercise due care (from 2), facilitating aggravated unlicensed operation (from zero) and participating in speed contests or races (from zero).

A driver's license may be suspended upon accumulating 11 points within the 24-month period, the same threshold as before but now over a longer timeframe that could capture more violations. Accumulating 6 or more points in 18 months still triggers a Driver Responsibility Assessment fee, starting at $100 per year for the first 6 points plus $25 per additional point, payable over three years.

Getman noted that some common violations, such as using a cell phone while driving, continue to carry 5 points, while others like reckless driving may now result in 8 points under the stricter guidelines.

New point assignments apply to issues like equipment problems (1 point), illegal U-turns (2 points), obstructing traffic (2 points) and failure to move over for emergency vehicles (3 points).

"Safer driving benefits everyone, but these changes underscore the importance of compliance," Getman added. "Motorists facing points or penalties should consult legal counsel to understand their options, including point reduction programs."For more information, drivers can visit the New York DMV website or contact a qualified attorney.

President's Day: President Ronald Reagan's State of the Union Speech, 1984

In Ronald Reagan's State of the Union speech, delivered on January 25, 1984, the 40th president championed peace, democracy, and freedom in a time of global tension:

Schuyler County Attorney warns residents to beware of Valentine’s Day scams, including “sweetheart” romance frauds

With Valentine’s Day approaching, Schuyler County Attorney Steven J. Getman today urged residents to stay vigilant against “sweetheart” scams and other common holiday-related frauds that exploit emotions and generosity.

“Scammers prey on people’s desire for connection and love during this romantic season,” Getman said. “These criminals build fake relationships online or create phony websites to steal money, personal information or gift card funds. Protecting your heart and your wallet means recognizing red flags and never sending money to someone you’ve never met in person.”

Sweetheart scams, also known as romance scams, are among the most prevalent. Fraudsters create fake profiles on dating apps, social media or messaging platforms, quickly profess affection and build trust through frequent communication. They then invent urgent stories—such as medical emergencies, travel issues, military deployments or business problems—to request money. Common payment methods include gift cards (Amazon, Google Play, iTunes or Steam), wire transfers, cryptocurrency or money transfer apps, which are difficult or impossible to reverse.

Other Valentine’s Day scams include:

• Fake online florists or gift delivery sites that take payment but never deliver, or deliver substandard items.
• Impostor websites mimicking legitimate jewelers or retailers with unrealistically low prices to steal credit card details.
• Unsolicited e-cards or messages containing phishing links or malware.
• “Wrong number” text messages that initiate conversations leading to requests for personal information or payments.

The Federal Trade Commission and FBI report that romance scams alone cost victims hundreds of millions annually, with thousands of cases nationwide each year. Gift cards remain a favorite tool for scammers because they are hard to trace and often irreversible.

To avoid falling victim, Getman recommended:

• Never send money, gift cards or personal information to someone you have not met face-to-face.
• Be skeptical of quick professions of love, avoidance of video calls or in-person meetings, and stories involving overseas work, military service or sudden emergencies.
• Research online sellers thoroughly—check reviews on trusted sites like BBB.org and avoid deals that seem too good to be true.
• Use reverse image searches on profile photos and be cautious about moving conversations off dating platforms.
• Protect your devices with up-to-date security software and avoid clicking suspicious links.

If you suspect you have been targeted or victimized, act quickly:

• Stop all contact and block the individual.
• Contact your bank, credit card company or gift card issuer immediately to report fraud and seek recovery options.
• Report the incident to local law enforcement by calling the Schuyler County Sheriff’s Office at (607) 535-8222 (or 911 if urgent).
• File a complaint with the Federal Trade Commission at ReportFraud.ftc.gov and the FBI’s Internet Crime Complaint Center at IC3.gov.
• New York residents may also report to the New York State Attorney General’s Office via ag.ny.gov/file-complaint/consumer.

For more information on fraud prevention, visit consumer.ftc.gov or ic3.gov.

Second Amendment Legal Update, February 2026

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd Amendment rights for the residents of New York State. For a complete copy of this month’s report, click here.

Symposium on K-12 Education Law: Transforming Futures: Education, Law, and Youth Wellbeing

From the Government Law Center, Albany Law School:

Mark your calendars for the Government Law Review Symposium on K-12 Education Law, "Transforming Futures: Education, Law, and Youth Wellbeing," on February 27, 2026.

Mark your calendars for the Government Law Review Symposium on K-12 Education Law, "Transforming Futures: Education, Law, and Youth Wellbeing," on February 27, 2026.

Topics of discussion will include pressing issues in the state budget and legislative session, supporting students with disabilities, and promoting equity in K-12 education. This free program is open to the public and includes Continuing Legal Education credit for attorneys who attend in person (pending).

This program is presented by the Government Law Review, Vol. 19, and Government Law Center at Albany Law School.

Panalists include:

• Prof. Bridgit M. Burke — Clinical Professor of Law Emerita, Albany Law School
• Prof. Amy Saji — Associate Professor of Law and Health Advocacy and Collaboration Law Clinic Director, Seton Hall Law School
• Jacob D. Verchereau, Esq. — School Attorney, Questar III BOCES
• Prof. Adrian E. Alvarez — Assistant Professor of Law, St. John’s University School of Law

The event will be held in the Dean Alexander Moot Court Room (Room 421) 1928 Building, 4th Floor, Albany Law School, 80 New Scotland Avenue, Albany, NY 12208 beginning at 9:30 am.

Albany Law School’s Center for Continuing Legal Education has been certified by the New York State Continuing Legal Education Board as an accredited provider of Continuing Legal Education in the State of New York.

For more information, click here.

Schuyler County warns of planning board scam emails

Schuyler County Planning Director Joann Lindstrom and County Attorney Steven Getman are jointly alerting residents, businesses, and applicants to be vigilant against a scam involving fraudulent invoices and emails that impersonate county planning offices.

 

This scam, which has been reported across New York State, and in other states nationwide, attempts to deceive individuals into paying nonexistent fees for land use or planning reviews.  At least one incident has been reported in Schuyler County. 

 

“The Schuyler County Planning Department and its Planning Commission do not charge any costs for land use reviews,” said Lindstrom. “If you receive a bill from the Planning Department, do not submit payment and contact the Schuyler County Planning Department immediately.”

 

"We want to ensure that our community is protected from these deceptive practices," said Getman.  “If you've received any such email, report it immediately to help us track and stop these fraudsters."

 

Getman said residents should be on the lookout for common signs of potential scam emails, including:

 

• Urgent or high-pressure demands for immediate or expedited payment, often containing threats of delays to project review.
• Request for payment through suspicious channels: wire transfers, gift cards, prepaid debit cards or cryptocurrency.
• Multiple spelling or grammatical errors.
• Poor formatting or unclear language.
• Scam communications most often occur the week before the county planning board meeting is scheduled, as seen on the schedule posted to the county planning board web page. Scam attempts typically occur the first week of each month.

 

Getman offered the following tips to avoid the scam:

• Verify email addresses and confirm all communications come from official sources like “schuylercountyny.gov” or “schuylercounty.us.”
• Confirm any invoice or request by contacting the Schuyler County Planning Department directly using known phone numbers or the county website, not those provided in the suspicious message.
• Be wary of high-pressure tactics, such as threats of delays or urgent deadlines.
• Avoid payments through wire transfers, cryptocurrency, or gift cards—these are common scam indicators.
• Educate yourself on official processes by being an active member of the local community.

 

Persons who suspect they have encountered this scam should report it immediately to

Schuyler County Planning Department (Telephone:  607-535-8211) or visit the planning department’s website: https://www.schuylercountyny.gov/484/Planning.

 

Anyone who suspects they may have been the victim of fraud may also contact local law enforcement agencies, including the Schuyler County Sheriff's Office at 607-535-8222, the New York State Attorney General's Office Consumer Frauds Bureau at 1-800-771-7755, or the Federal Trade Commission (FTC) at ftc.gov/complaint.

 

The Schuyler County Planning Director provides land use guidance to the county's municipalities, its legislature, and the public.   The County Attorney is the chief legal advisor for county government and is responsible for the prosecution and defense of civil actions brought by and against the county.