Legal links of interest for the week ending June 7, 2013

Some of the stories about courts, the law and lawyers in the news this past week:

City's red light camera program may be challenged in court: lawsuit claims program denies constitutional right to due process.

When court takes up privacy, Scalia finds himself with unlikely teammates: Scalia, with those three liberal justices joining him, said that DNA sampling constitutes an impermissible search under the Fourth Amendment.

New York's Court of Appeals asked to hear fracking home rule cases: Attorneys for Norse Energy and an Otsego County farmer made the filing, asking the state’s highest court to take on the cases of upstate towns that changed their zoning laws in 2011 to ban hydrofracking and gas drilling

Ohio prosecutor fired after posing as an accused killer's girlfriend on Facebook: A prosecutor in Ohio has reportedly been fired after admitting to a chat with an accused killer’s alibi witnesses in an attempt to persuade them to change their testimony.

Judge's ruling challenges US transplant system: a federal judge has allowed one dying child - and a day later another - to essentially jump the line in rulings that could have ramifications for thousands of people awaiting new organs.

How the IRS scandal may damage anti-terror data mining: A Cornell law professor argues that explanations and justifications which might have worked in the past no longer are enough, thanks to the IRS.

Hearing set in Seneca County assault weapons case

Finger Lakes Times

WATERLOO — A hearing will be held in the case of a Geneva man accused of having stolen assault weapons in Seneca Falls last September.During an appearance by Gary Goodman in Seneca County Court Monday, Judge Dennis Bender scheduled a suppression hearing for March 29. Goodman is being represented by local attorney Steven Getman.

New York law limits when businesses can demand your Social Security number

The Post-Standard (Syracuse, New York):

On Dec. 12, a new state law limiting the rights of businesses to ask consumers for their Social Security number takes effect.

Companies, as well as individuals, will be barred from requiring individuals to disclose their Social Security account numbers except under certain circumstances. They also will be prohibited from refusing to provide any service based on a person’s refusal to disclose his Social Security number....

The exceptions include situations in which the use of a Social Security number is required by federal, state or local law or regulation, or the number is needed for internal verification, fraud investigations, banking and credit-related activities, or in connection with employment, insurance or tax purposes.

More on the new law can be found here.

New York Increases Penalties for Repeat Domestic Abusers

New York State has enacted new penalties for repeat domestic abusers, including tougher standards for bail pending trial.

The law was signed on Thursday (October 25).  It creates the crime of “Aggravated Family Offense.”  Under the law defendants who commit certain offenses against family members and have a previous conviction for doing so within the past five years can be charged with a Class E felony, punishable by up to four years in prison.  The law also expands the definition of “Aggravated Harassment in the Second Degree” to include when a defendant, with intent to harass, annoy, threaten or alarm, causes physical injury to an individual, or to a family or household member of that individual.

The new law also requires judges to consider various risk factors, including access to firearms and previous violations of orders of protection, when setting bail for people accused of a family offense.

For more on the new law and its requirements click here.

New York’s DNA databank expansion now in effect

On Wednesday (August 1), New York State’s all-crimes DNA bill went into effect.

This law makes New York the first state in the nation to require collection of DNA samples from anyone convicted of a felony or misdemeanor. Previously, less than half of all defendants convicted of a Penal Law offense were required to provide a DNA sample.

Even with its limited information, the DNA databank provided leads in nearly over two thousand convictions. DNA evidence has also led to the exoneration of nearly thirty New Yorkers who were wrongly convicted.

It is believed that a complete DNA databank will be even more effective in helping to convict the guilty, exonerating the innocent, and giving attorneys and court officials more reliable evidence to better protect the rights of all New Yorkers.

For more information on the new DNA law click here.

New law to help low-income defendants make bail: charities may now post misdemeanor bonds

New York State enacted legislation today (July 18, 2012) that allows the creation of charitable organizations which could post up to $2,000 in bail for low-income defendants charged with misdemeanor crimes.

The law allows a new type of entity, charitable bail organizations, to function with fewer requirements but still under the oversight and regulation of the Department of Financial Services. Previously, organizations that posted bail on behalf of a defendant had to meet the state law requirements designed to regulate for-profit corporations engaged full-time in the bail bond business.

Charitable bond organizations will be required to register as a 501(c) (3) organization and may not charge a premium or fee for their services.

The law takes effect in 90 days.

More on the new law can be found here.

Report: New York law schools inflating job figures

According to the New York Post, Columbia, NYU and Fordham overpromise the economic benefit of a law degree, inflating the number of students who find employment after graduation by creating short-term school-funded jobs to temporarily boost the percentage of students employed for the ABA survey, which counts the employment figure nine months after graduation.

New York's expanded "move over" law takes effect January 1

Starting on January 1, New York's "Move Over" will expand to include tow trucks.

The current law fines drivers in New York if they don't move into another lane for police and ambulance vehicles on the road.

The new law will mean that anytime drivers see an emergency vehicle or tow truck with lights flashing, they must move to the other lane.

State officials say the expanded law will make it safer for people who respond and assist on accident scenes or for disabled vehicles.

Violators can receive two points on their license and up to a 150-dollar fine if they don't follow the new law.

New law bans dumping rechargeable batteries in the trash

Beginning Monday (December 5) it is illegal in New York to dispose of rechargeable batteries in the trash.

The New York State Rechargeable Battery Law prohibits the disposal of rechargeable batteries, including cell phone batteries, laptop batteries or camera batteries, in
non-recyclable containers.

Instead, the batteries must be returned to recycling bins at retail stores.

Almost every retailer that sells rechargeable batteries is now required to
provide recycling receptacles to consumers in their stores. Small-food stores that sell

Failure to provide or use the receptacles can lead to fines ranging from $50.00 for consumers and $5000.00 for the retailers.

More on the new law can be found here.

Report: Affinity frauds increase in economic downturn

From the New York Post:

Maybe it's the bad economy. Maybe it's people's desire to look past Wall Street and invest with someone they believe they can trust.

But whatever the reason, swindles of friends by friends are on the rise -- so much so, that prosecutors have coined a separate name for it: Affinity frauds...Savvy people who would never dream of investing with a cold-call telephone huckster will hock their homes and ruin their credit for a "friend" with an honest face and a good idea....

Many “friendly” business offers are legitimate. However, even a legitimate business deal can go sour if one or both parties do not realize what they are getting into.

The best way to avoid fraud, or other legal complications, is to consult a qualified attorney of your own choosing before entering into any contract or making any sizeable investment, even with a friend or family member.

Court of Appeals Issues New Decisions.

New York State’s highest court has issued a number of decisions this week on civil and criminal law.

The cases cover a number of issues, including what constitutes effective assistance of counsel, possible child neglect, the proper disposition of a juvenile delinquency case and time limits for lawsuits involving alleged negligence by a school board member.

The decisions are available to the public and can be found at the court’s website.

Are iPads Violating Federal Record Keeping Laws?

“Apple’s iPad tablet computer could allow White House staffers to circumvent a law aimed at preserving all official communications,” according to a report at the Hill website:

It is unclear how many White House staffers have iPads and to what extent they are used for official business, but the issue highlights the difficulties of the Presidential Records Act, which has failed to keep up with changes in the way people communicate digitally.

The law mandates that all communications related to official business must be archived, and the administration’s policy is that White House staffers who use personal email or social-networking accounts to conduct official business must forward the messages for archiving to official accounts.

But there are few safeguards to ensure they do so....David Ferriero, the archivist of the U.S., said he isn’t comfortable with White House staffers determining for themselves what is and isn’t relevant for presidential records.

The issue facing the White House in this case is not unique. Many other government entities grapple with how to allow staff to use personal technology while staying compliant with “freedom of information” and government record-keeping laws.

In addition, while no one is accusing the White House of breaking the law, there have been attempts by government employees to use personal email accounts in ways that might circumvent open government laws.

In New York State, an opinion has been issued advising that that records of official business emailed to a private or home address are subject to the Freedom of Information Law. It would seem that the federal government, if it has not already, should follow suit.