Schuyler County: Gideon's Day Celebration is March 17

The Schuyler County Public Defender's Office is holding an Open House on Friday, March 17th from 2pm to 4pm. It will be celebrating the 60th Anniversary of the Supreme Court Decision in Gideon v. Wainwright:

Gideon v. Wainwright is a landmark case in which the U.S. Supreme Court ruled on March 18, 1963, that the 6th Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.

Clarence E. Gideon was charged with felony breaking and entering in a Florida state court. He requested an attorney, but the judge denied him because it was not a capital case. With only an 8th grade education, he represented himself and was convicted after a trial. He appealed all the way to the U.S. Supreme Court who ruled the 6th Amendment requires the state to provide an attorney because he could not afford one. Upon retrial Mr. Gideon was acquitted by the jury after only an hour of deliberation.

Please stop by to enjoy some treats, talk with our staff, and learn more about the important role public defenders and defense attorneys have in our criminal justice system and the service they provide to our community as a whole.

New York State Bar Association sues to raise assigned counsel pay

New York State Bar Association Commences Lawsuit To Raise 18-B Rates

Through this legal action, the New York State Bar Association is seeking a pay rate of $158 per hour retroactive to Feb. 2, 2022 in the 57 counties outside of New York City for what is commonly referred to as 18-B lawyers. Pay has remained at $60 per hour for misdemeanors and $75 for felonies since 2004. By comparison, assigned counsel rates in the federal courts in New York in those same years have been raised 14 times to the current rate of $158 per hour.

“The New York State Bar Association has long supported sufficient pay for assigned counsel,” said Sherry Levin Wallach, president of the association. “Failing to provide adequate compensation for representation to children and indigent adults is a flagrant violation of the U.S. and New York State constitutions.”

“Rates have only been increased once in 35 years, which is a travesty. While we welcome the higher rates in New York City as a result of Justice Headley’s decision, it should be applied statewide. There is now a significant discrepancy in pay across the state for assigned counsel resulting in attorneys not being able to accept court appointed assignments. Ultimately, it is the clients — children and indigent adults — who suffer because their constitutional rights are not being protected,” she said.

The failure to raise rates in 18 years has led to fewer attorneys who are willing to take on the cases. Those who remain are overburdened and don’t have sufficient time to devote to each case.

A copy of the complaint is available here.

Schuyler County Dad Lands in Jail for Failing to Pay Child Support

Finger Lakes Daily News:

A Schuyler County man was given a 90-day jail sentence for not paying over $11,000 in past-due child support, following an appearance in Schuyler County Family Court on Tuesday (July 19, 2022).

(T)he man was found in willful violation of a prior court order because he failed to pay $11,735.85 in court-ordered support for the benefit of his two children. This failure to pay stretched back to at least July 2018, and had already resulted in numerous judgments, a probation sentence and a prior order of incarceration, court records showed. The man is also facing a new child support violation proceeding, that can also result in up to an additional six months of incarceration. Most recently the respondent was picked up on a child support warrant in Chemung County on Monday (July 18, 2022).

Assistant County Attorney Vinton Stevens presented the violation case for the County Attorney’s office. At Wednesday’s court appearance, Stevens advised the court that the respondent had not made any payments toward the amount due since December 2021, although the man had been employed and paying up until that time.

Based on the evidence, Stevens argued that the respondent should be sentenced to 90 days in jail, due to the man’s failure to meet the conditions of a previously imposed suspended sentence.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz.

After hearing from the attorneys, and giving the respondent an opportunity to speak, Schuyler County Family Court Judge Matthew Hayden determined that the respondent should be jailed. Therefore, he sentenced the respondent to ninety days of incarceration. Hayden also directed that the respondent could be released from jail if he paid the full amount of back child support.

****

The man’s name and address were not released to protect the privacy of his children and family.

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.

New York State Releases Caseload Standards for Family Court Public Defense lawyers

The New York State Officie of Indigent Legal Services (OILS) has released Caseload Standards for Parents’ Attorneys in New York State Family Court Mandated

Representation Cases. The standards are intended to cover public defenders, assigned counsel and other attorneys assigned to provide mandated representation for people who cannot afford their own lawyer in various types of family court cases.

The standards include both maximum annual case assignment limits and a minimum average number of hours attorneys should spend on each case.

Cases are broken down into thirteen case categories:

• paternity;
• willful violation of support;
• willful violation other;
• family offense;
• guardianship;
• violation of conditional surrender;
• adoption;
• modification of prior order;
• custody/visitation;
• conditional surrender;
• neglect;
• abuse; and
• TPRs (termination of parental rights).

Approval of the standards is contingent upon the availability of State funding to implement the standards. The full report can be found here.

Second Amendment Legal Update: August, 2021

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.

Schuyler County moving forward with centralized arraignment plan for local criminal courts

Schuyler County has received notification that New York State Chief Administrative Judge Lawrence Marks and the Office of Court Administration Administrative Board have given final approval to the county’s Centralized Arraignment Part plan for after-hours arrests. The county is currently targeting Monday March 30 for the first day of operations.

The plan is part of the county’s ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

The plan was endorsed by the Schuyler County legislature at its February 10 meeting. All legislators in attendance voted for the measure.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the legislature’s resolution of support noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution supporting the plan is available here.

Schuyler County supports centralized arraignment plan for local criminal courts

As part of its ongoing effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants, the Schuyler County legislature has endorsed a process for implementing a centralized arraignment program for after-hours arrests.

The vote took place Monday (February 10, 2020). All legislators in attendance supported the measure.

The plan is supported by a number of county officials involved in the legal system, including Sheriff William Yessman, District Attorney Joe Fazzary, Public Defender Wesley Roe and County Attorney Steven Getman. It was developed with input from town and village justices and the New York State Office of Court Administration.

Under the plan, anyone arrested within the county when courts are no longer in session, and not given an appearance ticket, will be arraigned in the lobby of the Schuyler County Sheriff’s Office in Watkins Glen, as opposed to a town’s jurisdiction. Town and village judges, prosecutors and public defenders will be placed on rotating on-call schedules for arrests made at night, on weekends or during holidays. There is state funding for implementing the plan, which will pay for the cost of installing a judge’s bench in the sheriff’s office lobby.

“Arresting officers must currently maintain custody of an arrestee until able to locate a local court and justice able to conduct the arraignment which is a process that often consumes officer time and can result in the arraignment occurring outside of the times when the Schuyler County Public Defender is able to appear as counsel for the defendant,” the resolution noted.

“Those charged with a crime are entitled to the assistance of legal counsel at all important stages of their case including at the initial criminal arraignment,” it continued.

A centralized arraignment part, known as a CAP, is not mandated by the state, but many rural counties have found it to be the most effective way of ensuring compliance with the requirements for counsel at arraignment.

The plan, which will be implemented later this year, is the county’s latest effort to improve court efficiency, conserve law enforcement resources and protect the rights of criminal defendants.

Other efforts have included an intermunicipal agreement with Tompkins County for that county to assist in administering the Schuyler County assigned counsel plan to provide legal representation to indigent criminal defendants and certain family court litigants.

That agreement, prepared by Roe and Getman with input from Schuyler County Administrator Tim O’Hearn and representatives of Tompkins County, has been praised as “a model approach and is consistent with statewide efforts to help municipalities identify opportunities for cost savings through inter-municipal cooperation, reorganization, and regionalization,” by the New York State Office of Indigent Legal Services.

A copy of the resolution is available below:

Schuyler County supports ce... by Steven Getman on Scribd

Article: The Shocking Lack of Lawyers in Rural America

The Atlantic writes that "while cities are trying to reform their criminal-justice systems, smaller, more far-flung locales are struggling to provide basic services."

While it is well known that public defenders’ caseloads are untenably high in jurisdictions nationwide, prompting lawsuits, the situation is particularly dire in largely rural states such as Louisiana. These so-called legal deserts may have only one or two defense attorneys, who are usually near retirement with no one to take their place. In Mississippi, defendants routinely wait up to a year to even get assigned counsel. In Minnesota, counties can span hundreds of miles and court may sit only twice a month, requiring staff and lawyers to drive an hour each way.

Meanwhile,several counties in New York, including Schuyler County, "have been implementing the historic reforms to public criminal defense set forth in the 2014 Settlement Agreement in Hurrell-Harring v. The State of New York (Settlement) which received court approval in March 2015."

By ensuring counsel at every arraignment, utilizing uniform criteria and procedures for assessing financial eligibility for assignment of counsel, and taking steps to reduce attorney workloads, the Hurrell-Harring counties and providers have worked tirelessly for four years with the aid of $23.8 million in State funds annually to improve the quality of representation provided in criminal cases.

For more on Schuyler County's work to improve the quality of legal services for indigent defendants, click here.

Elmira man jailed for failure to pay child support, probation violation

Watkins Glen, NY (July 16)--An Elmira man was given a 60-day jail sentence for not paying past-due child support and violating his probation, following an appearance in Schuyler County Family Court on Tuesday (July 16, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay over $2500.00 in back support for his two children and absconded from probation supervision.

Schuyler County Attorney Steven Getman

At Tuesday’s court appearance, Getman noted that the respondent had been placed on probation in 2018 for prior violations of the court’s support orders.    However, Getman said, the respondent continued to miss payments and then absconded to California, causing a warrant to be issued for his arrest.

The last payment was made in September, 2018, Getman said.

Based on the evidence, Getman argued, the respondent should be sentenced to jail.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider releasing his client on a suspended judgment, giving him time to make payments.

After hearing from the attorneys, and the respondent, Acting Schuyler County Family Court Judge Joseph Cassidy determined that the respondent should be incarcerated.  Therefore, he sentenced the respondent to sixty days in jail, with the opportunity to “purge” the sentence if he paid at least $1000.00 towards the back child support.      Cassidy then ordered the man immediately taken into custody by court security.

Getman said he was pleased with the court’s decision.

“This jail sentence sends a message that will hopefully resonate,” Getman said. “Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit and county probation department.

The man’s name was not released to protect the privacy of his children and family.

Third National Domestic Violence Prosecution Conference announced

The Association of Prosecuting Attorneys (APA) is hosting its third National Domestic Violence Prosecution Conference on May 15-17, 2019 in Denver, Colorado.

The conference will focus on three domestic violence related themes:

• Staff Management;
• Practical Skills;
• Solutions & Innovations.

Faculty members will facilitate discussion and train participants on practical strategies and model practices.

The registration fee is $305 for APA members and $345 for non-members.

For more information, click here.

New York Commission on Parental Legal Representation to Hold Public Hearings

The Commission on Parental Legal Representation was created earlier this year "to examine the current state of mandated Family Court representation and determine how best to ensure the future delivery of quality, cost-effective parental representation.”

The Commission will be holding public hearings this fall “to gather information on existing services and suggestions for reform needed to ensure quality representation for persons eligible for assigned counsel in family law matters." It is seeking testimony related to the following topics:

• Funding and Caseloads;
• Timely Access to Counsel;
• Structural Issues;
• Model and Scope of Representation;
• Financial Eligibility Criteria and Procedures;
• Statewide Oversight Role; and
• Global Issues.

The deadline for submission of written testimony and requests to testify at the Commission hearings is Thursday, August 16, 2018.
The hearing dates, times and locations are:

• September 13, 2018, 1:00 p.m. to 4:00 p.m., 50 East Avenue, Suite 200, Rochester;
• September 27, 2018, 10:00 a.m. to 1:00 p.m., 27 Madison Avenue, New York City;
• October 10, 2018, 9:30 a.m. to 12:30 p.m., Justice Bldg., State St., Room 511, Albany;
• October 23, 2018, 10:00 a.m. to 1:00 p.m., 100 Supreme Court Drive, Mineola.

For more on the hearings, including how to submit written testimony and requests to testify, click here.

New York State Bar Association calls for increased assigned counsel rates.

The House of Delegates of the New York State Bar Association has "approved a report and resolution calling for an increase in the rates paid to private attorneys providing mandated representation for those who cannot afford to pay counsel."

According to the resolution, assigned counsel fees under New York State County Law have not changed since 2004.

The NYSBA also called for any increase to be paid at state expense, to prevent an unfunded mandate to the counties.

U.S. Supreme Court: police need warrant to search vehicle located near home

Via Washington Examiner:

The U.S. Supreme Court on Tuesday ruled police must obtain a warrant to search a vehicle parked near a home on private property, setting new limits on law enforcement's ability to conduct searches...

The man at the center of the case is Ryan Collins, who twice eluded police while riding a motorcycle in Albemarle County, Va., in 2013. Officers eventually found the motorcycle covered with a tarp and parked on a parking patio outside a house belonging to Collins’ girlfriend.

Police lifted the tarp and ran the motorcycle’s vehicle identification number. Upon running the VIN, officers discovered the motorcycle had been stolen in New York several years earlier, and Collins was arrested.

Collins argued the police violated the Fourth Amendment with its warrantless search because the motorcycle was located within the curtilage of the home.

But a trial court, state appeals court, and the Virginia Supreme Court disagreed, and said the search was constitutional.

In its decision, the Virginia Supreme Court cited the Fourth Amendment’s automobile exception, under which an officer can search a vehicle without a warrant if he or she has probable cause to believe the vehicle was involved in a crime.

But the U.S. Supreme Court disagreed, saying nothing in its case law indicates that the automobile exception gave law enforcement the right to enter a home or its curtilage to access a vehicle without a warrant.

The complete decision can be found here.

New Version of N.Y. Family Court "Do it Yourself" Form Programs Launched

All New York State Family Court DIY (Do It Yourself) Form computer programs have been updated to improve the unrepresented litigant’s experience.

Program users no longer require Adobe Flash or Microsoft Word or Word Viewer to prepare their court papers. Instead the papers generated by the programs open in a PDF document. The computer program is also now available on mobile devices.

The DIY Forms FAQ page has been updated to reflect the changes to the program. According to the Court System, improved DIY Form Programs for Surrogate’s, Supreme, County, District, City, Civil, Housing and Justice Courts will be coming soon.

These forms cannot give you legal advice.  Litigants having questions about family court procedures should consult an attorney.  In certain cases, you may be eligible for assigned or low-cost counsel.

For more information about DIY Form Programs click here.

New Measures to Enhance the Delivery of Justice in New York Criminal Cases

Implementation of New Measure Aimed at Enhancing the Delivery of Justice in Criminal Cases:

To help prevent wrongful convictions and enhance the delivery of justice in criminal matters, Chief Judge Janet DiFiore today announced the adoption of new rules that will

require judges presiding over criminal trials to issue an order notifying and reminding prosecutors and defense attorneys appearing before them of their professional responsibilities....

Trial court judges in applicable cases will issue an order to the prosecutor responsible for the case to timely disclose exculpatory evidence favorable to the accused − called Brady material (referring to the landmark U.S. Supreme Court decision Brady v. Maryland, that in criminal cases prosecutors must disclose all evidence that could be materially favorable to the defense) − as required by the federal and state constitutions, statutory and ethical rules....

Additionally, trial judges in criminal cases will be required to issue a directive focusing on the defense counsel’s obligations to provide constitutionally effective representation in the case, such as keeping the client informed about the case, providing reasonable advice regarding any plea offers, and performing a reasonable investigation of both the facts and law pertinent to the case.

Read more here.

National Public Defense Day: March 18, 2017

March 18, 2017 marks the Second Annual Public Defense Day and the 54th anniversary of Gideon v. Wainwright.

For more on National Public Defense day, click here.

New York “Fair Trial/Free Press” Conference

Sponsored by the New York Fair Trial/Free Press Conference, the Committee on Media Law, and the New York State Bar Association, this conference will be held Friday, March 10, 2017 from 12:00 p.m. - 2:30 p.m.

Featuring a distinguished panel of federal and state judges, prosecutors, print and broadcast journalists, and defense and media counsel, the program will explore the interplay of First Amendment rights to attend and report on criminal trials and the Sixth Amendment right to a fair trial.

Attendees can learn about the use of video recordings on smartphones, the use of social media as evidence and media and the law.

The event is free for NYSBA Members and Members of the Press.

For more information, click here.

February 28: Public Defense Lobby Day in New York State

New York State defense attorney groups are organizing a Tuesday, February 28, 2017 Lobby Day to advocate for increased funding for public defense, including the Justice Equality Act requiring a state fiscal takeover of public defense expenses.

On December 31, Governor Cuomo vetoed the Justice Equality Act. The bill has been reintroduced in the Assembly and groups are pressing the Senate to do the same.

Previously known as the Public Defense Mandate Relief Act, the bill requires the state to assume the cost of public defense in a 7 year phase in, while also requiring the state to fund significant quality improvements and caseload reduction.

To advocate for increased indigent defense funding, CDANY, NYSDA and NYSACDL are organizing a Lobby Day on Tuesday, February 28th to promote the:

* Justice Equality Act (A.1903);
* New York State Defenders Association's 2017-2018 budget request; and
* Indigent Legal Services Office's 2017-2018 budget request.

The groups plan to travel to Albany and meet with up to six legislators to advocate for increased public defense funding. The Lobby Day will be from 10:00 AM to 5:00 PM.

Conservative Party joins fight for New York indigent defense funding

New York Daily News:

It isn't often that the state Conservative Party is in agreement with liberal groups, but that is the case when it comes to urging Gov. Cuomo to sign a bill that would gradually shift the funding of legal services for the poor from the localities on to the state.

The Conservative Party... said that a requirement that the state's counties, including the five boroughs, fund legal defense programs for the poor amounts to an unfunded mandate that is choking the finances of the localities.....

The bill has won the support across the political spectrum....The New York Civil Liberties Union, the state Catholic Conference, NAACP, Lambda Legal Defense Fund, National Association of Criminal Defense Lawyers, Innocence Project and the Brennan Center for Justice have also urged Cuomo to sign the bill.