Second Amendment Legal Update: August 2023

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 copy of this month’s report, click here.

New York Courts’ Equal Justice Initiative Issues Progress Report

The New York State Office of Court Administration has released a report updating the status of the court system’s Equal Justice Initiative.

“Equal Justice in the New York State Courts: 2022 Year in Review,” highlights the court system’s statewide efforts over the past year "to promote diversity and inclusiveness on the bench and in the courts’ workforce and foster a safe, welcoming and bias-free environment."

Initiatives highlighted in the March 8 report include:

▪ Mandating comprehensive racial bias training for all judges and nonjudicial staff.
▪ Expanding the resources of the court system’s Office of Diversity and Inclusion (ODI).
▪ Revising human resources and interview practices.
▪ Creating Equal Justice Committees in each of the court system’s 13 judicial districts to implement reforms at the local level.
▪ Developing a bench card for judges, with tips on using LGBTQ+-inclusive language and pronouns.
▪ Expanding Virtual Court Access Network (VCAN) sites to help bridge the digital divide by providing remote access to courts in locations such as libraries, houses of worship and community centers.
▪ Appointing a Statewide Equal Justice Coordinator.

The full report is available online here.

NYS Judicial Conduct Commission releases annual report

The New York State Commission on Judicial Conduct has released its 2023 Annual Report, covering activities throughout the calendar year 2022.

Among its latest activities:

• The Commission also rendered 25 public decisions, the most in a single year since 2009.
• Thirteen judges were publicly disciplined: three judges were removed from office, seven were censured and three were admonished.
• Twelve judges resigned and publicly agreed never to return to judicial office.
• Six other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• Twenty-seven judges were issued confidential cautionary letters.
• One hundred and eighty-seven matters were pending at year’s end.

The Commission is the disciplinary agency constitutionally designated to review complaints of judicial misconduct in New York State. The Commission's objective is to enforce the obligation of judges to observe high standards of conduct while safeguarding their right to decide cases independently.

The Report is available at here. An accompanying press release is available here.

Martin Luther King, Jr. Day

Ronald Reagan:

"Each year on Martin Luther King Day, let us not only recall Dr. King, but rededicate ourselves to the Commandments he believed in and sought to live every day: Thou shall love thy God with all thy heart, and thou shall love thy neighbor as thyself. And I just have to believe that all of us -- if all of us, young and old, Republicans and Democrats, do all we can to live up to those Commandments, then we will see the day when Dr. King's dream comes true, and in his words, "All of God's children will be able to sing with new meaning. . . land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

(President Reagan, Coretta Scott King, Bob Dole and others at the signing ceremony for HR 3706 making the birthday of Martin Luther King Jr. a national holiday. 11/2/1983)

New year, new laws: Legal changes affecting New Yorkers

Nexstar Media Inc. reports on a number of changes to legislation look out for in 2023:

• Social Security payments get a boost: About 70 million Americans can expect to see an increase in their monthly Social Security benefits and Supplemental Security Income (SSI) for 2023.
• Minimum wage is going up: Minimum wage will be jumping to $14.20 — up a dollar from $13.20 — for most upstate workers.
• New York’s Paid Family Leave Law is expanding: Federally, 1993’s Family and Medical Leave Act gives workers the right to take twelve unpaid workweeks off for a birth or adoption, for a serious health condition, or to care for a seriously ill spouse, child, or parent. 2023 brings siblings into the mix.
• E-waste recycling is getting cheaper: Starting January 1, most manufacturers who make or sell their own tech in New York State will now have to provide and pay for “free and convenient” e-waste recycling for New Yorker

Other changes going into effect include:

• New York Collegiate Athletic Participation Compensation Act: College athletes can receive compensation for the use of their name, image, and likeness without the risk of having to give up their scholarships or eligibility.
• Telemarketing calls: This new law requires telemarketers to give customers the option to be added to their do-not-call list immediately after the telemarketer says their name and company.
• Lactation rooms in airports: The new law requires airports to provide a nursing space for breastfeeding mothers.
• Electric Vehicle Rights Act: Prohibits homeowners’ associations from preventing homeowners from installing EV charging stations on their properties.
• Pedestrian and bicyclist safety: This law requires new drivers to learn about pedestrian and bicyclist safety awareness as part of their pre-licensing course.
• Polling places: This law allows registered voters to cast their ballot at the wrong polling place as long as they are in the correct county and State Assembly district.
• Brianna’s Law: Beginning January 1, 2023, those born on or after January 1, 1983 need the boating safety certificate to operate mechanically propelled boats.

Second Amendment Legal Update, October 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.

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.

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.

New summaries on aging and disability law released

The Government Law Center at Albany Law School has released two new publications in its "explainer" series on Aging and Disability Law for state and local policy makers:

• “Adult Protective Services – Autonomy Versus Protection”
• “Guardianship for Adults with Developmental Disabilities in New York.”

A news release from the center explains:

“These explainers provide accessible information about the legal protections for vulnerable older adults and individuals with disabilities, two groups making up a significant part of our communities. It’s something that touches us all, because it’s very likely someone we are close to falls into one of these groups….Throughout its history, the Government Law Center has focused on providing law and policy makers with options for reforming existing laws and designing new ones. Our Aging and Disability Law explainer series is our latest contribution to helping meet the needs of this growing and diverse population.”

Prior summaries released were:

• “Healthcare Proxies: Appointing People with the Power to Make Healthcare Decisions for Others."
• “‘Act Now’ Healthcare Proxies.”
• “Hospital Ethics Committees.“
• “The New York State Justice Center for the Protection of People with Special Needs.”

For more on these publications and the Government Law Center, click here.

Schuyler County announces rabies clinic for cats and ferrets

Please see attached the flyer for our next rabies clinic being held September 1st from 6-7 pm at the Shared Services Building in Watkins Glen. The clinic is for cats and ferrets only. Registration is required by August 28th.

Add caption

Schuyler County courts expand in-person matters

As a result of the progression to Phase III, on Wednesday, June 17, courts in the Sixth Judicial District, which includes Schuyler County, began hearing an expanded number of in‐person matters in the courthouses, including:

• child support proceedings;
• selected plea and sentencing proceedings for defendants at liberty;
• preliminary hearings in criminal cases for defendants being held in jail on felony complaints;
• arraignments of defendants who have been issued desk appearance tickets; and
• a limited number of bench trials, in civil matters.

New York State Court of Appeals to move to virtual arguments in June

The New York State Court of Appeals, the state's highest court, is following the Appellate Division into virtual arguments in June due to COVID-19.

Currently, the Court is only considering submitted (on papers) appeals during its April and May session, not in-person arguments, according to published reports.

US Supreme Court Decides Kansas v Glover

On Monday (April 6) the United States Supreme Court, by a vote of 8-1, held that reasonable suspicion for a vehicle stop exists where the officer is informed that the registered owner of the suspect vehicle has a suspended driver's license. 

In its opinion, the Court reaffirmed its decision in United States v. Cortez (1981) holding that for an officer to initiate a brief investigative traffic stop "a particularized and objective basis for suspecting the particular person stopped of criminal activity" is required.

Second Amendment Legal Update February, 2020

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.

Second Amendment Legal Update February, 2020 by Steven Getman on Scribd

Martin Luther King Day

Ronald Reagan:

"Each year on Martin Luther King Day, let us not only recall Dr. King, but rededicate ourselves to the Commandments he believed in and sought to live every day: Thou shall love thy God with all thy heart, and thou shall love thy neighbor as thyself. And I just have to believe that all of us -- if all of us, young and old, Republicans and Democrats, do all we can to live up to those Commandments, then we will see the day when Dr. King's dream comes true, and in his words, "All of God's children will be able to sing with new meaning. . . land where my fathers died, land of the pilgrim's pride, from every mountainside, let freedom ring."

(President Reagan, Coretta Scott King, Bob Dole and others at the signing ceremony for HR 3706 making the birthday of Martin Luther King Jr. a national holiday. 11/2/1983)

New laws for New York in 2020

Gannett News reports on a number of the new laws enacted by the New York State Legislature and scheduled to go into effect on January 1, 2020. They include:

• Adoptees can access birth certificates;
• Farmworkers get overtime pay, mandatory rest;
• Cash bail, discovery reforms;
• Safety course requirement for motorboats;
• Teens can 'pre-register' to vote;

For more on these new laws, click here.

National Human Trafficking Summit

The Association of Prosecuting Attorneys (APA) is hosting the inaugural National Human Trafficking Prosecutorial Summit on January 7-8, 2020.

The summit will focus on the needs of jurisdictions responding to human trafficking cases. Experienced prosecutors and other allied professionals will facilitate discussion and train participants on practical strategies and model policies in the prosecution of human trafficking.

Topics to be discussed include:

Demand Reduction;
Creative Prosecution and Charging Decisions; Working with Victims;
Neuroscience of Trauma;
Task Force Models;
Illicit Massage Parlors; and
Labor Trafficking

For more information, or to register, click here.

New law aims to protect rent-controlled tenants from landlord harassment

New York State enacted A.6188/S.2605 on Tuesday (December 3). According to supporters of the law, it will protect rent-regulated tenants from landlord harassment intended to force tenants out of their homes.

The new law increases penalties for when a landlord seeks to force out two or more rent-regulated tenants by creating unsafe, disruptive, or uninhabitable conditions. A landlord engaging in this conduct against one tenant may be guilty of a Class A misdemeanor for harassing a rent-regulated tenant. Where the conduct impacts two or more tenants, a landlord may be guilty of a Class E felony. A landlord guilty of multiple convictions for misdemeanor conduct under these new provisions within five years can be charged with a Class E felony.

Previously, supporters say, the law only provided protections to tenants who could demonstrate physical injury and failed to take into account the conditions caused by the landlord.

For more information on the new law, click here.

Shooter’s Group Grades Schuyler Judicial Candidates. Republican Steven Getman Gets Top Grade with “A.”

Montour Falls, NY— The Schuyler County chapter of S.C.O.P.E. (the Shooters Committee On Political Education) has released ratings on the four candidates for Schuyler County Court Judge and Republican Steven Getman was the clear winner.

Getman, currently the Schuyler County Attorney, received a grade of “A,” based on responses to a written questionnaire and responses to questions presented to all four candidates at a recently held S.C.O.P.E. public forum at the Montour Falls Moose Club.

Steven Getman at a
recent "Friends of the NRA" dinner

Getman scored well ahead of his three rivals: Democrat Matt Hayden scored a “B Minus,” while third-party candidates Dan Fitzsimmons and Jessica Saks each came in with a “C minus” for their grades.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations. Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years.

S.C.O.P.E. is a 501 (c) 4 statewide organization since 1965 dedicated to preserving the 2nd Amendment rights of the citizens of New York State through public education and promoting voter participation.

In addition, to the Republican Party, Getman has been cross-endorsed by the New York State Libertarian Party and will appear on that ballot line as well. The general election is scheduled for November 5.

New laws for the New Year

New laws for New York in 2019:

• Drug Take Back Act: A law that takes effect Jan. 6 requires drug stores and mail-order pharmacies to give consumers the ability to return unused prescription drugs through free drop boxes, pre-paid envelopes and other secure options.
• Diaper changing tables in public bathrooms: Beginning Jan. 1, all new bathrooms that are publicly accessible must have diaper changing tables.
• Body scanners in prisons: A new law that takes effect Jan. 30 will allow body scanners to be used on inmates in prisons across New York to detect hidden weapons.
• Disability benefits for volunteer firefighters with cancer: Volunteer firefighters diagnosed with certain types of cancer will be eligible for state disability coverage beginning Jan. 1.
• Minimum wage increase: In Upstate New York and areas outside of New York City and its suburbs, the minimum wage will increase from $10.40 per hour to $11.10 per hour.
• Newborn testing: Beginning Jan. 30, newborns in New York state who are identified or suspected of having a hearing impairment will be required to be tested for cytomegalovirus, unless a parent objects.
• Prostate screenings at no cost: A law effective Jan. 1 requires health insurers to provide men with access to prostate cancer screening without any co-pays or deductibles.
• Property tax relief credit: Property tax rebate checks for STAR eligible homeowners with incomes of $275,000 or less who live in property tax compliant school districts.

For more on these new laws, click here.