New York State Court System to Begin Return to In-Person Courthouse Operations

The New York State Court System will begin a return to in-person courthouse operations this Monday (May 18).

The initial phase of the plan for the 6th Judicial District, which includes Schuyler County and Tompkins County, is available below:

NYS 6th Judicial District R... by Steven Getman on Scribd

Schuyler County Commemorates May 1 as “Law Day”: Law Day 2019 Will Focus on Free Speech, Free Press.

Watkins Glen, New York—The Schuyler County Legislature has recognized as the Law Day 2019 theme “Free Speech, Free Press, Free Society.”

The legislature passed a resolution at its April 8, 2019 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 First Amendment to the United States Constitution protects the right to free speech and a free press, along with other rights that recognize the ability of persons to think and communicate how they wish without fear of punishment or oppression,” Getman wrote.

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, 2019 as ‘Law Day’ in Schuyler County is available here.

Schuyler County Legislature: RECOGNIZING AND COMMEMORATING MAY 1, 2019 AS “LAW DAY” IN SCHUYLER COUNTY by Steven Getman on Scribd

$20 million federal fine against Rochester-area opioid distributor announced

One of the “big pharma” distributors of prescription opiates being sued by Schuyler County for fraudulent and negligent marketing and distribution of opiates will pay a $20 million fine under an settlement unveiled in federal court on Tuesday (April 23).

Rochester Drug Cooperative, Inc. (RDC), one of the nation's largest pharmaceutical distributors, was charged by federal prosecutors with conspiracy to distribute controlled narcotics — oxycodone and fentanyl — for non-medical reasons and conspiracy to defraud. Prosecutors allege that, from 2012 through March 2017, RDC knowingly and intentionally violated federal narcotics laws by distributing opioids to pharmacy customers that it knew were being sold and used illicitly.

According to court documents, the company has agreed to enter into a “consent decree,” under which it accepts responsibility for its conduct by making admissions and stipulating to an extensive "Statement of Facts," paying a $20 million penalty, reforming its controlled substances compliance program, and submitting to supervision by an independent monitor.

RDC is one of the big pharmaceutical companies being sued in state court by various New York municipalities, including Schuyler County. In May of last year, Schuyler County Attorney Steven Getman filed a nearly 250-page Summons and Complaint in New York State Supreme Court for damages to the county arising out of the fraudulent and negligent marketing and distribution of opiates in the county.

Getman said his office would be carefully reviewing the statement of facts for evidence that could be used to support the county’s lawsuit.

“Schuyler County’s complaint alleges increased opioid use has fueled an illegal secondary market for opioids and the criminals who support it,” Getman said. “It also alleges that the defendants flooded the county with suspiciously large amounts of opioids.”

“To date, county officials have expended significant resources to help its residents battle opioid addiction and prevent further deaths,” Getman said. “Schuyler County’s lawsuit is moving forward to seek reimbursement for expenses related to the opioid crisis as well as to provide the county with financial aid to fight addiction, overdoses, drug-related crimes and drug deaths.”

In 2017, the County Legislature voted to retain the firm of Napoli Shkolnik to work with Getman, as special counsel, to bring an action against the manufacturers and distributers of prescription opiates for damages to the county.

According to Schuyler County Administrator Tim O’Hearn, the lawsuit was filed at no risk to the County, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and hold manufacturers and distributors responsible for their role in the opioid epidemic,” O’Hearn said.

Schuyler County is one of several New York municipalities filing lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York are suing pharmaceutical companies for what they are claiming are deceptive marketing practices.

The consent decree is subject to final approval by the court. Any charges contained in complaints, indictments and other court documents are merely accusations, and any defendants are presumed innocent unless and until proven guilty in a court of law.

Schuyler County considers joining U.S. Supreme Court challenge to New York gun law

The Schuyler County legislature will vote at its Monday (April 8) meeting whether to join a constitutional challenge to a New York City law that could have broad implications for the state’s gun control measures.

The proposed resolution, which has passed both the county’s management and finance committee and its legislative resolution review committee, authorizes County Attorney Steven Getman to “render aid, where possible and practicable, to the various states listed as Amicus Curiae in the pending United States Supreme Court case of the New York Rifle and Pistol Association, Inc. et. al. v. City of New York, State of New York et. al.”

Those states have joined the New York Rifle and Pistol Association in arguing that New York City’s general prohibition on transporting even licensed, locked and unloaded handguns outside the city is unconstitutional, in that it violates the right to travel, interstate commerce, and the Second Amendment right to keep and bear arms.

They also argue that the Second Circuit Federal Court of Appeals, which covers New York, applied an incorrect standard in upholding the law. The appeals court, the plaintiffs argue, erred by failing to subject to the law to a “strict scrutiny” test.

“Strict scrutiny is the highest standard of review a court may use to evaluate the constitutionality of governmental action,” Getman explained. “It is often applied when a law infringes upon a fundamental right or involves a suspect classification.”

“Under that test, a law must further a compelling governmental interest, and must be narrowly tailored to achieve that interest.”

According to Getman, this is the first significant Second Amendment case the Supreme Court will hear since ruling in District of Columbia v. Heller (2008) that the Constitution protects an individual right to keep and bear arms, and further that this right applies against the states as well as the federal government, in McDonald v. Chicago (2010).

The New York State Rifle and Pistol Association challenged the city’s ban on taking a licensed handgun out of the licensee’s home except to a gun range within the city. The Second Circuit upheld the ban based on “intermediate scrutiny,” even though that standard requires that a restriction actually works to achieve a legitimate goal. Under the law, a city resident licensed to possess a handgun cannot transport their handgun to a weekend second home (even for self-defense), to another county to participate in a shooting competition, or even to a neighboring city for target practice. This, opponents argue, amounts to requiring a handgun owner to leave a firearm in a vacant house in the city while traveling, where it is more susceptible to burglary. They further argue that the city was unable to explain how a legal gun owner inflicts any risk on society when transporting a firearm outside the city, but not when transporting the identical firearm under identical conditions by identical means within the city itself.

How the Supreme Court rules could have broad implications for Schuyler County residents in terms of what sort of gun control measures the state might impose going forward, Getman noted. In recent years, Governor Andrew Cuomo has been a vocal advocate for increased firearm restrictions.

This is not the first time that the Schuyler County legislature has weighed in against Cuomo’s strict gun control laws. In 2013, the legislature passed several resolutions opposing the controversial SAFE act, arguing that the law violated the Second Amendment and created an unfunded mandate on the counties.

If the county joins the action, it would be at no cost to the county, the resolution notes.

Schuyler County is not the first county in New York to join the amicus filing. As of Wednesday (April 3), the following counties are known to have passed resolutions supporting the law’s challenge on Second Amendment grounds: Cortland, St. Lawrence, In addition, the following upstate counties are currently considering joining the action: Steuben, Montgomery, Lewis, Tioga, Chemung, Schenectady and Jefferson.

The states currently filing in support of the Amicus Curiae, and against the law, are: Louisiana, Alabama, Arizona, Arkansas, Georgia, Idaho, Kansas, Kentucky, Michigan, Mississippi, Montana, Oklahoma, South Carolina, Texas, Utah, West Virginia, and Wisconsin. A brief in opposition to the New York law has also been filed by: The Western States Sheriffs’ Association, International Association of Law Enforcement Firearms Instructors, Law Enforcement Legal Defense Fund, Law Enforcement Action Network, Law Enforcement Alliance of America, and International Law Enforcement Educators and Trainers.

The current resolution was sponsored at management and finance by legislator Phil Barnes (R), District VI, Town of Dix.

A copy of draft resolution, submitted to the legislature by Getman, can be found here.

Resolution (Draft): Adoptin... by on Scribd

Zombies 2.0: $9 Million announced in grants for communities dealing with vacant and abandoned properties

New York State officials have announced “Zombies 2.0,” the expansion of a grant initiative to address the growing statewide issue of “zombie homes”-- vacant and abandoned homes that are not maintained during a prolonged foreclosure proceeding.

This program is intended to provide up to $9 million in grants to New York State municipalities to address housing vacancy and blight. The grants will provide funds to municipalities to increase housing code enforcement, track and monitor vacant properties, and bolster legal enforcement capacity to ensure property lenders comply with local and state law.

Grants are expected to be awarded in amounts ranging from $50,000 to $500,000 based on scale and severity.

Earlier grants under the Zombie Remediation and Prevention Initiative provided nearly $13 million in grants to local municipalities. The 2019 grant will allow previous recipients to continue their work or will give first-time grantees the opportunity to secure funding to support their property clean-up efforts.

Applications are due Friday, March 8, 2019. Awards are expected to be announced in April.

For more on the “Zombie property” initiative, click here.