New York State Court of Appeals to Decide Tompkins County School Harassment Case

From the Ithaca Journal:

ALBANY -- The state's highest court has agreed to hear the Ithaca City School District's appeal of a finding that it failed to adequately address racial harassment and threats of violence against a black middle-school student....

The state Division of Human Rights decided in May 2009 that the school district engaged in unlawful discriminatory practice by failing to protect the girl from a group of white students' harassment and threats in the 2005-06 school year....

Ithaca City schools have maintained that the Division of Human Rights does not have jurisdiction over public school districts. The state Supreme Court in Tompkins County agreed with the district in a 2009 decision.

The state Appellate Division, 3rd Department disagreed in a June 30, 2011, ruling. It reduced awards of $200,000 each for the mother and daughter to $200,000 for the daughter and $50,000 for Amelia Kearney.

But Ithaca City schools point to a case on Long Island that was dismissed by the mid-level state court, which said school districts don't come under the state human-rights law, which applies to education corporations and associations.

It has been reported that fewer than one out of ten applications for leave to appeal are granted.

The existence of conflicting rulings among the Appellate Divisions, as is apparently the case here, is one of the factors that will sometimes convince the state's high court to hear an appeal.

Tompkins County: Attorneys to Discuss Hydrofracking Risks and Rewards

The Ithaca Journal:

Legal opportunities and risks for municipalities banning hydraulic fracturing will be discussed at 6:30 p.m. Thursday at Enfield Elementary School...

A question-and-answer session will follow.

Technology in today's courtroom

From Gannett News:

The use of recordings and projected photos in courtrooms is not new. Overhead projectors and tape recorders have been used for decades....

But the ability to engage 21st-century jurors accustomed to computers, smart phones, and televisions by seamlessly weaving together evidence with a multimedia presentation is, experts say.

New York Town Extends Landfill Moratorium

Finger Lakes Times:

The [Ovid] Town Board has extended its moratorium on new landfills or monofills for another year.

The board imposed the initial, one-year moratorium in May 2010. At its September meeting, the board renewed the moratorium for another year.

Town officials said the moratorium is designed to allow the town and planning boards additional time to study the potential impact of landfills and monofills on groundwater and agriculture and other quality-of-life factors.

Town Attorney Steven Getman, the Seneca County Planning Department, the town Planning Board and Supervisor Walt Prouty, researched and drafted the town’s moratorium.

New York's Good Samaritan Law Takes Effect

New York State's Good Samaritan law is now in effect.

The law is designed to curb accidental deaths from overdoses. It encourages witnesses or victims of alcohol or drug overdoses to call 911 for emergency assistance. The law provides limitations on use of evidence obtained in connection with a person seeking or receiving health care for a drug overdose.

Supporters of the law say victims or callers will be protected from being charged or prosecuted for drug or alcohol possession. According to them, most overdose deaths are preventable if they get immediate help, and the primary reason people do not call for assistance is a fear of getting arrested.

More on the law can be found here.

Schools are open. Drive safe. Avoid tickets.

New York State schools begin classes this week.

This means that many school speed limits are, again, in effect. Typically, these speed limits are fifteen miles per hour, effective from 7:00 am to 6:00 pm on school days.

In addition, school buses will be back on the roads in the early mornings and late afternoons, picking up or discharging children.

Many police agencies will be out in force this week, enforcing these laws. Penalties for violating these traffic rules can be stiff, ranging from fines, to points on your drivers’ license and, in some case, lose of driving privileges. If you receive a traffic ticket for violating any of these laws, it is recommended that you consult with a qualified attorney of your own choosing, to determine the penalties you face, and your legal rights.

However, the best way to avoid these penalties is to drive safely. Motorists are reminded to be on the lookout for schools, buses and pedestrians, to make sure each student has a safe and enjoyable school year.

Texas Man Kicked Off Jury For Trying To 'Friend' Defendant

AOL News:

A North Texas juror got an unfriendly reaction from a judge after he tried to 'friend' the defendant on Facebook....

Jonathan Hudson pled guilty to four counts of contempt of court as a result of his actions, which his lawyer described as a "silly mistake"....

In 2009, the New York Times wrote a piece about the ways in which the Internet has contributed to a several mistrials across the country.

Some New York State Courts Closed from Hurricane Irene

According to the New York State Office of Court Administration, a number of courts, including several in the Southern Tier of upstate New York, are closing and/or rescheduling Monday’s court cases, due to Hurricane Irene.

People with business before the courts on Monday are urged to check the state’s official website, or contact the court first thing in the morning, to make sure their case has not been adjourned to another date.

Seneca County Group Targets Underage Drinking

The Seneca County Substance Abuse Coalition has received a grant to address the issue of underage drinking.

The first step is a survey of Seneca County adults. Youth in grades 9 through 12 will be surveyed in the Fall.

The purpose of the survey is to obtain input on Seneca County's

•Needs and Problems facing youth
•Attitudes, Beliefs and Practices toward underage drinking.

The information received will be confidential and will help the coalition develop a plan to reduce underage drinking in Seneca County.

Underage drinking may lead to both serious legal consequences and serious health and safety consequences. Seneca County residents: Please take 15 minutes and fill out this online community survey entitled “Prevention First-NY.” The deadline is September 30, 2011.

Federal courts again experiment with allowing cameras

From the Citizen Media Law Project:

The program, which was approved by the U.S. Judicial Conference last year and allows court-operated cameras to cover civil proceedings in 14 federal trial courts, is just the latest chapter in the long saga on the question of camera coverage of federal trial courts.

This is not the first time that the federal courts have experimented with camera coverage of their proceedings. From 1991 through 1994, the federal courts conducted a limited test of camera coverage of civil trials in eight federal district courts, which led to a recommendation that federal courts allow televised proceedings. But the Judicial Conference -- which sets policies for all federal courts except the U.S. Supreme Court, which sets its own rules -- rejected this recommendation, concluding in 1994 that “the intimidating effect of cameras on some witnesses and jurors was a cause for serious concern.”

The Judicial Conference then relented a bit, deciding in March 1996 to allow each federal Circuit to decide the issue for itself and the district courts in its geographic area, while strongly urging the Circuits to follow the Conference’s 1994 policy.