Public Comment Sought on Proposed Amendment for Uniform Standards of Eligibility in Family Court

The New York State Unified Court System is seeking public comment on a proposal that would implement eligibility standards for assigned counsel in all family court proceedings. This proposal would provide in part that:

1) “A person entitled to publicly funded counsel pursuant to [FCA 262, SCPA 407, or Judiciary Law 35(8)] shall be financially eligible for counsel when the person’s current available resources are insufficient to pay for a qualified private attorney, the expenses necessary for effective representation, and the reasonable living expenses of the person and any dependents.”

2) “Counsel shall be provided at the first court appearance or immediately following the request for counsel, whichever is earlier. Eligibility determinations shall be made in a timely fashion so that representation by counsel is not delayed.”

3) “A parent or legally responsible person, as defined by law, shall be entitled to and provided with immediate representation by counsel: (i) upon the filing of a petition or pre-petition request under Article 10 of the Family Court Act for an order for immediate removal of a child or temporary order of protection; (ii) where the court has received notice of an extra-judicial emergency removal of a child; or (iii) upon the filing of a petition alleging abuse or neglect against the parent or person legally responsible. In accordance with this entitlement, counsel shall be provided sufficiently in advance of the person’s first court appearance and shall also be provided for parents during a child protective agency investigation ….”

4) A presumption of eligibility when the person’s net income is at or below 250% of the Federal Poverty Guidelines; the person is incarcerated, detained, or confined to a mental health institution, or is currently receiving, or has recently been deemed eligible pending receipt of, need-based public assistance, or within the past six months, has been deemed financially eligible for counsel in another court proceeding in that jurisdiction or another jurisdiction.

5) A determination denying counsel by the court or delegated screening entity shall be in writing, shall include reasons for the denial and procedure for seeking reconsideration, and shall be provided to the person seeking counsel.

The request for public comment can be found here.

Notice of Entry: Judgment of Foreclosure

PLEASE TAKE NOTICE that annexed hereto is a true and correct copy of the Judgment of Foreclosure dated June 16, 2022, in The Matter Of Foreclosure Of Tax Liens By Proceeding In Rem Pursuant To Article Eleven Of The Real Property Tax Law by the County of Schuyler, that was entered in the office of the Clerk of the County of Schuyler on June 16, 2022 at 4:15 pm.

Judgment of Foreclosure with Notice of Entry Ind No. 19-145 by Steven Getman on Scribd

Virtual Court Navigator Pilot Program Announced

Virtual Court Navigators help court users prepare for court appearances, find court forms, get answers to general questions, find

community programs and services, refer people to legal service providers, navigate the court’s website, and more. It is a free program, designed to help people who either have or would like to start a court case

On June 6, the Virtual Court Navigator Pilot Program began scheduling appointments for unrepresented court users in: Albany, Columbia, Rensselaer, Ulster, Broome, Tompkins, and Chemung Counties as well as Erie County Surrogate’s Court.

Users in those counties who want schedule a time to meet with a virtual court navigator, can complete the online intake form.

For more information about the Virtual Court Navigator Pilot Program click here.

Beware these Cryptocurrency Investment Risks

New York State officials are reminding the public of some of the potential risks of investing in cryptocurrencies. According to officials, investors in virtual assets should beware of the following:

• Highly Speculative and Unpredictable Value;
• Difficulty Cashing Out Investments;
• Higher Transaction Costs;
• Unstable “Stablecoins;
• Hidden Trading Costs;
• Possible Conflicts of Interest;
• Limited Oversight.

Even “legitimate” investments in virtual assets are subject to speculative bubbles and security issues, the report notes.

Members of the public who are worried that they have been a victim of investment fraud, can contact the Investor Protection Bureau or seek the advice of a competent attorney of their own choosing.

For more guidance on the possible risks associated with cryptocurrencies click here.

Second Amendment Legal Update, June 2022

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. News is current as of June 3, 2022 at approximately 12:00 pm.

For a complete PDF copy of this month's update, click here.

Memorial Day, 2022

Ronald Reagan Memorial Day Remarks at Arlington National Cemetery, 1986:

National Boating Safety Week: May 21 to May 27

National Safe Boating Week is being held from May 21-27, 2022, reminding all boaters to brush up on boating safety skills and prepare for the boating season.

This observance week is the annual kick-off of the Safe Boating Campaign, a global awareness effort that encourages boaters to make the most of their boating adventure by being responsible

.

The National Safe Boating Council recommends these tips for boaters:

• Take a boating safety course. Gain valuable knowledge and on-water experience in a boating safety course with many options for novice to experienced boaters.
• Check equipment. Schedule a free vessel safety check with local U.S. Coast Guard Auxiliary or U.S. Power Squadrons to make sure all essential equipment is present, working and in good condition.
• Make a float plan. Always let someone on shore know the trip itinerary, including operator and passenger information, boat type and registration, and communication equipment on board.
• Wear a life jacket. Make sure everyone wears a life jacket – every time. A stowed life jacket is no use in an emergency.v • Use an engine cut-off switch – it’s the law. An engine cut-off switch is a proven safety device to stop a powerboat engine should the operator unexpectedly fall overboard.
• Watch the weather. Always check the forecast before departing on the water and frequently during the excursion.
• Know what’s going on around you at all times. Nearly a quarter of all reported boating accidents are caused by operator inattention or improper lookout.
• Know where you’re going and travel at safe speeds. Be familiar with the area, local boating speed zones and always travel at a safe speed.
• Never boat under the influence. A BUI is involved in one-third of all recreational boating fatalities. Always designate a sober skipper.
• Keep in touch. Have more than one communication device that works when wet. VHF radios, emergency locator beacons, satellite phones, and cell phones can all be important devices in an emergency.

The Safe Boating Campaign is produced under a grant from the Sports Fish Restoration and Boating Trust Fund and administered by the U.S. Coast Guard. The campaign offers a variety of free and paid resources to support local boating safety education efforts. Learn more here.

Sexual Harassment Complaint Hotline Established for New York

New York State has created a toll-free confidential hotline for complaints of workplace sexual harassment.

The new law also provides free legal assistance to individuals who contact the hotline. The New York State Division of Human Rights intends to recruit experienced attorneys acting in a pro bono capacity to provide legal advice to complainants.

Once the hotline is established, New York employers will be required to include information about the hotline in any materials they are required to post or provide to employees regarding sexual harassment.

The law regarding the hotline goes into effect on July 14, 2022. For more information about the hotline, click here.

Crime, courts addressed in New York State Budget

Various aspects of the recently passed New York State Budget address issues related to crime and the courts. They include:

Bail Reform. The Budget expands the number of offenses for which bail may be considered. The Budget also directs the court to consider the following list of factors when setting bail:

• the defendant’s activities and history;
• the charges against the defendant;
• past criminal convictions;
• any previous violation of an order of protection;
• a defendant’s potential flight risk;
• a defendant’s ability to post bail without undue hardship;
• a defendant’s history of use or possession of a firearm; and
• whether the charge is alleged to have caused “serious harm” to an individual or group of individuals.

Discovery Reform. District Attorneys are no longer required to provide automatic discovery for cases involving:

• a simplified information charging traffic infraction; or
• an information charging one or more petty offenses defined by a village, town, city, or county municipal code that do not carry a statutorily authorized sentence of imprisonment (defendants may still file a motion for disclosure of evidence in such cases).

In addition, prosecutors will be allowed to file a supplemental certificate of compliance for delayed disclosure of discovery materials.

Violent Crime Initiatives. In addition to establishing an Office for Gun Violence Protection, the Budget includes a variety of program funding purporting to address what the legislature considers “gun violence,” including among others:

• $18.2 million for the Gun Involved Violence Elimination (GIVE) initiative;
• $13.1 million to expand the use of Community Stabilization Units that partner State Troopers with local law enforcement agencies;
• $21 million for community-based gun violence response programs (SNUG);
• $25 million for the Securing Communities Against Hate Crimes (SCAHC) program;
• $10 million in new funding for pretrial services to help divert people from unnecessary detention while also keeping communities safe; and
• $20 million in new funding for crime reduction programming in those communities most impacted by gun violence

.

More on the New York State budget can be found here.

Second Amendment Legal Update: May, 2022

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 PDF copy of this month's update, click here.