Law Day 2025 theme announced

The American Bar Association has announced that the 2025 Law Day theme will be The Constitution's Promise: Out of Many, One:

The Constitution enshrines our collective responsibility to one another, and the 2025 Law Day theme urges us to take pride in a Constitution that bridges our differences to bring us together as a united nation. Our civic lives tie us together as one “We,” whether through legislative efforts that serve the common good, through military service, or by working together, every day, to fulfill the promise of E pluribus unum, or “Out of many, one.”

Law Day is an annual commemoration held on May 1st to celebrate the rule of law and cultivate a deeper understanding of the legal system.

For more information on Law Day, click here.

Merry Christmas, everybody!

Second Amendment Legal Update: October, 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.

Second Amendment Legal Update: May 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 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.

Sexual Harassment Complaint Hotline Established for New York

New York State has created a toll-free confidential hotline for complaints of workplace sexual harassment.

The new law also provides free legal assistance to individuals who contact the hotline. The New York State Division of Human Rights intends to recruit experienced attorneys acting in a pro bono capacity to provide legal advice to complainants.

Once the hotline is established, New York employers will be required to include information about the hotline in any materials they are required to post or provide to employees regarding sexual harassment.

The law regarding the hotline goes into effect on July 14, 2022. For more information about the hotline, click here.

New York State Court system’s annual report released

The New York State Unified Court system has issued its annual report for the previous year.

Among the issues addressed in the report for 2021 are:

• Equal Justice in the Courts
• Gun Crimes
• Justice for Children
• Problem-Solving Courts and Initiatives
• Expanded e-filing

The New York State Unified Court System is administered by the Office of Court Administration (OCA) under the authority of the Chief Judge and Chief Administrative Judge. >OCA provides financial management, automation, public safety, personnel management and other essential services to support day-to-day court operations throughout the state, including Schuyler County.

A complete copy of the report is available here.

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)

Second Amendment Legal Update: December 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.

For a complete PDF copy of this month's update, click here.

Summaries of aging and disability law released

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

• “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."

The center's news release 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.”

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

Schuyler County calls on New York to increase support for Cornell Cooperative Extension.

Schuyler County officials are calling on New York State to increase financial support for Cornell Cooperative Extension after twenty years of “stagnant” funding.

At its meeting Monday (January 13, 2020), the Schuyler County legislature voted to ask the state to increase its appropriation for Cornell Cooperative Extension associations to $8 million statewide.

The resolution, introduced by legislator Mark Rondinaro (R-District VII) passed unanimously. It noted that “local extension educators are key community partners” in helping to implement state initiatives including maximizing agriculture, strengthening the economy, promoting healthier eating habits and partnering to promote tourism and local food and farm businesses.

“State funding is needed to ensure that the Cornell Cooperative Extension system can equitably work for all New York residents through increased resources to support rural, suburban, and urban community development needs,” the resolution continued.

However, the resolution said, “state appropriations for county cooperative extension associations to match county government appropriations …have remained stagnant for twenty years.”

Therefore, “the Schuyler County Legislature supports increasing the State appropriation for Cornell Cooperative Extension associations to $8 million, such funds to be distributed directly to the associations through Cornell University as agent for the state as provided by law.”

Currently, New York State law provides for state matching funds for each county or regional extension association, subject to the furnishing of equivalent sums from county appropriations. However, the current funding formula only allows, “fifty cents for each dollar up to the first $100,000 appropriated by such county, and five cents for each dollar in excess of $100,000, subject to annual appropriation by the (state) legislature.”

Cornell Cooperative Extension is a formal collaboration between the National Institute of Food and Agriculture at USDA, New York State, County Governments and the Citizens of the State that has served to apply research-based knowledge from Cornell, New York’s Land Grant University, to the needs of New Yorkers and their communities for over 100 years.

The County of Schuyler is governed by an eight-person legislature, headed by its Chair. Members serve staggered four-year terms. The legislature, in turn, appoints various department heads to oversee the county’s day to day operations, including the county administrator (Tim O’Hearn), county attorney (Steven Getman) and clerk to the legislature (Stacy Husted).

The current members of the legislature are Mark Rondinaro, James Howell, Jr., Gary Gray, David Reed, Michael Lausell, Van Harp, Philip Barnes and Carl Blowers, Chairman.

A complete copy of the resolution appears below.

SCHUYLER COUNTY LEGISLATURE: RESOLUTION SUPPORTING INCREASED STATE SUPPORT FOR CORNELL COOPERATIVE EXTENSIO... by Steven Getman on Scribd

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.

Not-for-profits, others, criticize bill that would ban gun raffles in New York

Bill would ban gun raffles in New York

Gun raffles are major revenue sources for some nonprofit organizations and volunteer fire departments, but a bill introduced in the state Legislature could prohibit the events.

Assemblywoman Jo Anne Simon, a Brooklyn Democrat, introduced the measure that would ban gun raffles. Twenty-nine of Simon’s Assembly colleagues, all Democrats and nearly all of whom represent downstate districts, cosponsored the legislation.

Under New York state law, it is legal to hold gun raffles and to award firearms in a game of chance. Simon’s bill would end the practice....Many organizations, especially in upstate, hold gun raffles to generate revenue....

Kevin Foster, a captain with the Aurelius Volunteer Fire Department, explained that gun raffles and other fundraisers are necessary because of the property tax cap. The cap limits property tax levy growth to 2 percent or the rate of inflation, whichever is less....

Other organizations have generated revenues from gun raffles. The Magee Fire Department in Seneca County collects roughly $15,000 from its annual gun raffle, according to Chief Craig Reynolds. Waterloo Rifle & Pistol Club raises $10,000 to $12,000 each year from its gun raffle.

Claiming a prize from a gun raffle.... isn't different than buying a firearm at a retailer.

A winner at a gun raffle must submit to a federal background check before being permitted to collect the firearm. Under New York law, you must be age 18 or older to purchase a long gun and at least 21 years old to buy a handgun.

(A)nyone with a criminal record wouldn't be allowed to receive a firearm won at a raffle.

Finger Lakes Election Results Available Online

Typically, many of the local boards of election will post their unofficial results online.

The websites for some local boards of election can be found below:

• Cayuga County
• Chemung County
• Ontario County
• Seneca County
• Schuyler County
• Steuben County
• Tompkins County
• Wayne County
• Yates County

Results usually start coming in shortly after the polls close at 9:00 pm and they are updated as new totals are calculated.

These sites are often a good way to keep track of local election results (village, town, county) that otherwise might not be available in the media until the next day.

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.

New York Election Day Hotline To Protect Voter Access During June Federal Primary Election

New York State officials have an announced an Election Day Hotline, which will help troubleshoot and resolve a range of potential issues encountered by voters at the polls during the federal primary election on Tuesday, June 26th.

Voters experiencing problems or issues at the polls may call the hotline at 800-771-7755 or contact it via email at any time between 6:00 AM and 9:00 PM on Tuesday.

Voters registered in New York City trying to find their poll site can click here. Voters registered outside New York City trying to find their poll site can click here.

Supreme Court says police need a warrant for historical cell location records

Via ZDNet:

The Supreme Court has said that law enforcement must first seek a warrant before obtaining historical cell phone location records from phone companies, upending a near-decade long practice by police.

The court ruled 5-4 on the case, in what became one of the most awaited privacy legal decisions in the US this year.

The so-called "Carpenter" case had centered on the eponymous Timothy Carpenter, a criminal who was caught thanks to cell phone records in 2011. Law enforcement had obtained his location data from a phone provider without a search warrant, arguing the provider already had his data and Carpenter had no "reasonable expectation of privacy."

But the court found the government's warrantless access to cell-site records over a period of time "contravenes that expectation" of privacy, said (the court)....

The court stressed that the decision does not consider real-time tracking, or so-called "tower dumps," which police use to obtain information on all of the devices connected to a cell tower at during a particular period of time....

Police may, however, still obtain this data without a warrant in exigent circumstances, such as if there is an immediate threat or danger to life.

Read the complete decision here.

More on the Carpenter case 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 York Public Employees Will Be Entitled to Paid Leave for Cancer Screenings

New York State has amended Civil Service Law to entitle most public sector employees to take up to four hours of paid leave per year to be screened for all types of cancers.

Currently, the law allowed paid leave only for screenings for breast cancer and prostate cancer. The new law provides for these screenings without deducting any leave time (e.g., sick, personal, or vacation) from the employee.

The new law is effective March 18, 2018. For more on the legislation, 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.