Schuyler County Commemorates Saturday May 1 as “Law Day”

The Schuyler County Legislature has recognized as the Law Day 2021 theme “Advancing the Rule of Law Now.”

The legislature passed a resolution at its April 12, 2021 meeting, recognizing “Law Day” as an occasion of public acknowledgement of our Nation’s heritage of justice, liberty, and equality under the law. The resolution was submitted to the legislature by Schuyler County Attorney Steven Getman.

“The Rule of Law rests upon the idea that no one is so important as to be above the law and conversely no one is so insignificant to be beneath the law,” Getman wrote. “The United States was founded on the principle that adherence to the Rule of Law expands, rather than limits, the opportunities for freedom.”

In passing the resolution, the legislature found that “promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler.”

The American Bar Association selects an annual theme for each Law Day. Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2021 as ‘Law Day’ in Schuyler County” is available below.

SCHUYLER COUNTY LEGISLATURE... by Steven Getman

Law Day 2018 Theme Announced

The American Bar Association has announced the theme for Law Day 2018, "Separation of Powers: Framework for Freedom."

The U.S. Constitution designated a system of government with distinct, independent branches – legislative, executive, and judicial – and outlines how they interact. Congress, the Presidency, and the Supreme Court share power and serve as a check on the powers of the others, providing a framework for freedom.

For more information, click here.

New York State Bar Association supports a Constitutional Convention

The New York State Bar Association supports a Constitutional Convention to restructure the NYS judiciary, enhance voter participation and modernize and streamline the New York State constitution:

The New York State Bar Association is calling for a state Constitutional Convention, because New York “should not forfeit this rare, generational opportunity to modernize and significantly improve the Constitution that forms the foundation of state government.”
On November 7, New Yorkers will vote on whether to authorize a Constitutional Convention which, if approved, would be the state's 10th Constitutional Convention since 1777.
At its June 17, 2017 meeting in Cooperstown, the Association's House of Delegates voted 111 to 28 (with one member abstaining) to endorse a Constitutional Convention, or “ConCon.” A day earlier, its Executive Committee voted unanimously to support a convention.

For more on the Constitutional Convention process, click here.

Can a nonlawyer judge send you to jail? U.S. Supreme Court is asked to decide

ABA Journal:

A cert petition pending before the U.S. Supreme Court shines a light on the power of some nonlawyer judges in the United States.

The cert petition asks whether a defendant’s due process rights are violated when he is tried by a nonlawyer judge with the power to send him to jail, and there is no opportunity for a new trial before a judge who is a lawyer.

The petition was filed on behalf of defendants Kelly Davis and Shane Sherman. They were tried before a nonlawyer judge in Montana who was previously a prevention specialist in a dependency program, and a cashier and meat wrapper at a grocery store.

A decision by the Supreme Court requiring judges to be lawyers in these cases could have broad fiscal and legal ramifications for New York State. In New York, judges of the town and village justice courts are not required to be attorneys. Such courts "have jurisdiction over a broad range of matters, including vehicle and traffic matters, small claims, evictions, civil matters and criminal offenses."

Defense attorney group offers Second Amendment challenges to NY Penal Law 265.01(1).

The Center for Appellate Litigation (CAL) has released an article on legal challenges to prosecutions under NY Penal Law 265.01(1) (fourth-degree criminal possession of a weapon) on sufficiency and constitutional grounds.

The article looks at the United States Supreme Court decisions in District of Columbia v Heller and Caetano v Massachusetts and presents ideas for making Second Amendment challenges to the per se nature of the statute, including:

· Move pretrial (in writing) to dismiss charges of fourth-degree criminal possession of a weapon under Penal Law § 265.01(1), on Second Amendment grounds (citing District of Columbia v. Heller and Caetano v. Massachusetts). [F]ocus your arguments on the lawful, protected purposes of the weapon (including, but not limited to, self-defense). It can be argued that some of the more obscure items in PL § 265.01(1) are collectible items, or used for recreation.
· Also consider sufficiency challenges based on the statutory and/or common law definitions of certain per se weapons. Argue that the weapon doesn’t fit the definition.

The CAL newsletter offers litigation strategies to challenge the use of such evidence and preserve the record in a way that may lead to a resolution that protects the Constitutional Rights of gun owner defendants.
The newsletter is available here.

Law Day 2017 Theme Announced

The American Bar Association has announced the theme for Law Day 2017, which is “The Fourteenth Amendment: Transforming American Democracy.”

As our nation approaches the 150th anniversary of the Fourteenth Amendment, the theme explores how the Citizenship, Due Process and Equal Protection clauses of this amendment served as the cornerstone of civil rights legislation, the foundation for court decisions protecting fundamental rights, and a source of inspiration for those who advocate for equal justice under law.

Click here to learn more about the 14th Amendment.

Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession. Learn more about the history of Law Day and past themes here.

Happy birthday, 19th Amendment

Ratified on August 18, 1920, the 19th amendment guarantees all American women the right to vote. Achieving this milestone required a lengthy and difficult struggle, which began in Seneca County, New York.

The Seneca Falls Convention was the first women's rights convention. It advertised itself as "a convention to discuss the social, civil, and religious condition and rights of woman." Held in Seneca Falls, New York, it spanned two days over July 19–20, 1848.

Several generations of woman suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change of the Constitution. Finally, when Tennessee became the 36th state to ratify the amendment, it passed its final hurdle of obtaining the agreement of three-fourths of the states.

New Task Force on the New York State Constitution

New York State Office of Court Administration:

In anticipation of Election Day 2017 − when for the first time in two decades New Yorkers will have the opportunity to vote on whether there should be a convention held to amend the New York State Constitution − Chief Judge Janet DiFiore [has] announced her appointment of the Judicial Task Force on the New York State Constitution.

A group of leading judges, attorneys and academics from around the state, the Task Force will conduct a thorough review of Article VI of the New York State Constitution, which establishes the structure, organization and jurisdiction of New York’s Judiciary, and propose for Chief Judge DiFiore’s consideration possible revisions that may advance the work of New York’s state court system, making it more modern, efficient and accessible.

The State Constitution requires that the question of whether to call for its amendment be put on the ballot every 20 years. Should New York’s electorate in 2017 approve the holding of a constitutional convention, the process would then call for delegates to be elected to the convention in the next general election (November 6, 2018), with the convention to commence on the first Tuesday in April following the election of delegates (April 2, 2019.

2016 Annual Supreme Court Round Up

The Washington, DC Lawyers Chapter of the Federalist Society presents its Annual Supreme Court Round Up at the Mayflower Hotel on Friday July 22.

The event features, Miguel A. Estrada, partner at Gibson Dunn & Crutcher LLP. Mr. Estrada joined Gibson Dunn in 1997, after serving for five years as Assistant to the Solicitor General of the United States. He previously served as Assistant U.S. Attorney and Deputy Chief of the Appellate Section, U.S. Attorney's Office, Southern District of New York. In those capacities, Mr. Estrada represented the government in numerous jury trials and in many appeals before the U.S. Court of Appeals for the Second Circuit. Mr. Estrada has represented clients before federal and state courts throughout the country in a broad range of matters. He has argued 22 cases before the United States Supreme Court, and briefed many others. He has also argued dozens of appeals in the lower federal courts.

The cost for this event is $50.00 for members, $75.00 for non-members. Lunch will be served.

New York Assembly passes bill requiring state pay full cost of lawyers for poor defendants

Syracuse.com:

New York would have to pay the $372 million a year that counties are now spending to provide lawyers to poor defendants accused of crimes under a bill unanimously approved Thursday by the state Assembly.

The bill now goes to the state Senate, where Sen. John DeFrancisco, the deputy majority leader, has said its passage is one of his top priorities this year.

Under the Assembly bill, the full cost of providing legal counsel to indigent defendants would gradually shift from the counties to the state over seven years, beginning in 2017. New York only partially reimburses counties for this cost now...

The bill would save counties huge amounts of money. Small counties like Cayuga County, in Central New York, are paying about $835,000 a year for indigent legal services. In Erie County, surrounding Buffalo, taxpayers are paying $11 million a year.

More here.

May 1 is Law Day: Commitment to the rule of law

Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.

This year’s Law Day theme is “Miranda: More than Words.” In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. The Miranda Warning, which was developed in response to this landmark ruling, apprises suspects being interrogated by police of their right to remain silent and their right to legal representation. This year’s theme provides an opportunity to explore our criminal justice system and the importance of procedural fairness and equal justice under the law.

Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.

New York State overhauls assigned counsel eligibility rules

New York State officials have announced new Criteria and Procedures for Determining Assigned Counsel Eligibility.

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.

The criteria and procedures respond to decades of criticism of the state’s failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel, under which 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.

Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

For more information, click here.

Supreme Court Justice Nomination Process: Frequently Asked Questions

With the unfortunate passing of Hon. Antonin Scalia, the Supreme Court Justice nomination process has again become a widely discussed subject.

The American Bar Association has posted FAQ's and other resources that shed some light on this process, including:

*Justice Scalia and his legacy
*Nomination Process Activity and Resources
*How long does it take to appoint a justice to the Supreme Court?
*7 Things To Know About Presidential Appointments To The Supreme Court

New York State considers bill to overhaul indigent criminal defense system

Syracuse.com:

New York state requires counties to provide lawyers to represent poor people charged with crimes, but when it comes to paying for those attorneys, the state coughs up only about a quarter of the costs.

That's an unfunded mandate on local governments that State Senate Deputy Majority Leader John DeFrancisco, R-Syracuse, and Assemblywoman Pat Fahy, D-Albany, want to eliminate. They introduced bills last month that would require New York State to begin paying a greater percentage of the bill each year until 2019, when the state would become responsible for 100 percent of the cost of lawyers for indigent defendants.

If passed, the bill would also set statewide standards on the quality of legal services provided to poor people.

Analysts: Obama's gun control options each have legal pitfalls

From Reuters:

The Washington Post and Politico reported late last week that one of Obama’s main proposals would require some unlicensed gun dealers to get licenses and conduct background checks on potential buyers. Current law exempts smaller dealers who often operate at gun shows and sell online.

Obama... could act through an executive order, which would be immediate and carry the force of law. It would also almost certainly prompt lawsuits ... claiming the president lacks the authority to change the legal definition of who must obtain a dealer’s license....

Obama could take the less risky path on guns by directing the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) to redefine its guidance on who is considered a dealer under federal gun law. This would be advisory and lack the force of law, which would mean that prosecutors could not rely on it when pursuing small gun dealers....

Obama could choose an even more cautious route and direct the ATF to begin the formal administrative rulemaking process to change its regulations for who is considered a firearms dealer under the existing Gun Control Act. Agency action that includes the chance for public comment would create an enforceable rule that would likely pass legal muster, but that process probably would not conclude before Obama leaves office in January 2017....

The Second Amendment of the U.S. Constitution protects the right of Americans to keep and bear arms.

Regardless of what steps Obama might take to increase the number of dealers who must conduct background checks, legal experts said that he cannot accomplish his desired gun control agenda - like boosting oversight of gun show sales - through executive action alone.

New York State Constitutional Convention Boot Camp

In 2017, New York voters will decide whether to authorize a convention to consider revising the New York State Constitution. The New York State Bar Association co-sponsored a "boot camp" for reporters on the issue on Dec. 7.

While intended for journalists, the boot camp offers valuable information for everyone interested in the state constitutional process.

View a video of the boot camp here.

June 15: the Magna Carta turns 800

Scott Rasmussen:

On Monday, June 15, the Magna Carta turns 800, and it is worthy of great celebration by freedom-loving people everywhere. This is the document that brought about a fundamental rethinking of the relationship between a king and his subjects. Up until that point, English Kings were the law. They could decide who lived and who died and take whatever they wanted.

The Magna Carta changed all that. It established the idea that there is a law that even kings and governments must obey. There could be no taxation without representation and no arbitrary taking of personal property by the government. In short, the Magna Carta was the starting point for all the "unalienable" rights that we now enjoy and led directly over time to our Declaration of Independence and Bill of Rights. In many ways, it was the cornerstone for the idea that we now describe as freedom.

State Court Docket Watch December 2014

New Edition of State Court Docket Watch

In an effort to increase dialogue about state court jurisprudence, the Federalist Society presents State Court Docket Watch. This newsletter is one component of the State Courts Project, presenting original research on state court jurisprudence and illustrating new trends and ground-breaking decisions in the state courts.

For more information, click here.

New York's Top Court strikes down cyberbullying law on free speech grounds

Legal Insurrection reports that "[t]he New York Court of Appeals on Tuesday ruled that a local law intended to protect children from cyberbullying violated the Free Speech Clause of the First Amendment because it was too broad."

U.S. Supreme Court bans warrantless cell phone searches

The Washington Times:

The Supreme Court ruled Wednesday that police cannot go snooping through people’s cell phones without a warrant, in a unanimous decision that amounts to a major statement in favor of privacy rights.

Police agencies had argued that searching through the data on cell phones was no different than asking someone to turn out his pockets, but the justices rejected that, saying a cell phone is more fundamental.

The ruling amounts to a 21st century update to legal understanding of privacy rights....

Justices even said police cannot check a cellphone’s call log, saying even those contain more information that just phone numbers, and so perusing them is a violation of privacy that can only be justified with a warrant.

The complete decision can be found here.

Privacy advocates, including the American Civil Liberties Union, have called the court’s decision a “big win.”