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.

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.

National Week Recognizes Probation, Parole Officers

From the Ithaca Journal:

The American Probation and Parole Association has declared July 17 as a week of recognition for the work done by probation and parole officers providing supervision to offenders in the community. And for very good reason: There are more than 120,000 people on probation alone in New York. This number is more than the combined total of parolees and individuals incarcerated in the prison system. Probation is the largest alternative-to-incarceration program available to the courts and provides a crucial service in the justice system….

Probation officers are agents of the court and are responsible for ensuring that court- ordered conditions are met. To do this, probation officers provide direction, guidance and mentoring in face-to-face supervision appointments.

More on the role of probation and correctional alternatives in the justice system can be found here.

Indictment Dismissed in Ithaca Hospital Assault Case

From Fingerlakes1:

A Tompkins County Judge has dismissed the indictment against one of the men accused of participating in an attempted gang assault at Cayuga Medical Center in May 2010.

In a decision dated Wednesday (July 13, 2011) Judge John Rowley ruled that the assistant district attorney who presented the case against James Marshall to the grand jury failed to provide sufficient evidence of Marshall’s involvement and "violated his duty of ‘fair dealing to the accused."

Rowley’s decision came after Marshall’s attorney, Steven Getman, filed motions to dismiss the case for lack of evidence and due to defective grand jury proceedings. As part of that motion, Getman had argued that the prosecution did not provide the grand jury with evidence of Marshall’s repeated denials of guilt to the police.

New guide to New York's gay marriage law

With the passage of the Marriage Equality Act in New York, gay and lesbian couples will have the opportunity to get marriage licenses beginning July 24.

In anticipation of the many questions surrounding the new law, an online guide has been set up to address some of these concerns.

The guide offers legal advice from attorneys, and goes over the basic rules surrounding the same sex marriage law, including:

• applying for a marriage license;
• the rights and responsibilities conferred by marriage;
• the implications of the law’s religious exemptions; and
• limitations imposed by the federal Defense of Marriage Act.

The guide is currently available here.

The Documents You Need Before You Die

The Wall Street Journal has printed a list of the 25 documents you need before you die. They include:

• An original will;
• Proof of ownership for major assets, such as real property and motor vehicles;
• A complete listing of all bank accounts;
• A durable health-care power-of-attorney form;
• Life insurance policies and retirement accounts;
• Marriage and/or divorce papers.

The Journal also gives some advice on where to store these items. However, the laws of each state vary and, in certain jurisdictions, the locations suggested could create legal problems for your heirs.

Therefore, while everyone is strongly encouraged to locate and/or prepare these documents, anyone reading this list should make sure to consult with a competent attorney of their own choosing before following all the advice in this article.

A Failing Report Card: New York’s Civic Illiteracy

According to a new study, New Yorkers are seriously lacking in their knowledge of government, politics and the U.S. Constitution. Among the responses:

• Fewer than two in ten New Yorkers believe they are actually very familiar with the document.

• Sixty-two percent of respondents incorrectly believe that the president, not Congress, has the power to declare war.

• Two out of five New Yorkers could not identify which branch of government makes laws.

More on the study here.

Bar association to improve law school jobs data

According to the New York Daily Record:

[T]he American Bar Association’s Section on Legal Education and Admission to the Bar is requiring law schools to provide more detailed job and salary information on the questionnaire they provide to the ABA. The expanded information to be required is in the areas of employment status, employer type and employer location.

Two recent Vanderbilt law School graduates, Patrick Lynch and Kyle McEntee, started Law School Transparency in 2010 to obtain more accurate job information for prospective law students. The problem, they say, isn’t with falsified data, it’s with misleading information.

Regarding job status, information on the type of job obtained will include whether the job requires bar passage, is a job for which a law degree is preferred or just what type of job the graduate is in. More specific unemployment status will also be included as well as information regarding jobs funded by the law school. Information on where graduates find the most work will be included, as well as state-specific salary information.

The expanded information from the questionnaires will be published in the ABA’s LSAC Guide in June 2012.

Law students, like all consumers, deserve transparency and accuracy from providers of services. Educators, including law schools, should have a special duty to provide accurate information to their consumers/students. I applaud the American Bar Association for working towards greater accuracy in this area.