New York State overhauls assigned counsel eligibility rules

New York State officials have announced new Criteria and Procedures for Determining Assigned Counsel Eligibility.

These criteria and procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but who are financially unable to obtain counsel.

The criteria and procedures respond to decades of criticism of the state’s failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel, under which a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county.

Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

For more information, click here.

Schuyler County warns of I.R.S. phone scam

Schuyler County Sheriff warns of I.R.S. phone scam:

The Schuyler County Sheriff's Office has been receiving numerous reports of residents receiving telephone calls from persons posing as the I.R.S. When questioned, the caller threatens that the Sheriff will be sent to arrest them.

The I.R.S. will not call you. They make contact by letter via the U.S. Postal Service. These calls are scams, and you should never give any personal information over the telephone, regardless of the threats made.

Many times these calls are from foreign countries and routed through computers so that they appear to be made from the United States.

Should you receive one of these calls advise the caller that you are reporting them to Law Enforcement and hang up.

For more tips on avoiding these tax scams, click here.

April is National Financial Literacy Month: Beware these Common Tax Season Scams

With this year’s tax deadline looming and April marking National Financial Literacy Month, New Yorkers are being urged avoid falling victim to reported tax season scams.

In an effort to help avoid these scams, the Attorney General’s Office offers the following tips:

· The IRS and legitimate government agencies never demand payment by phone;
· If you owe money, you will receive a legitimate notice in writing that identifies the agency and the reason you owe money;
· Do not give out personal information, including your Social Security number or bank account information, to telephone callers;
· Legitimate government organizations will never threaten arrest or deportation for failure to pay a debt;
· Legitimate government agencies will never insist that consumers pay a debt only via a pre-paid credit card.

The following suggestions will help consumers file their tax returns safely and keep more of their return:

· If you use a tax-preparation service, use only established and recognizable companies;
· Check the tax preparer's qualifications and history through the Better Business Bureau (bbb.org);
· Ask for a written estimate of all fees; avoid those who base their fees on a percentage of your refund;
· Make sure the tax preparer is accessible, even after the April due date;
· Never sign a blank return;
· Review entire return before signing;
· Make sure the preparer signs the tax form and includes a Preparer Tax Identification Number (PTIN);
· Consult New York's “Consumer Bill of Rights Regarding Tax Preparers.”

For more information, click here.

Quick Guides on the intersection of child welfare and immigration

As part of the Child Welfare and Immigration Project, attorneys at the ABA's Center on Children and the Law have produced three

state-specific reference guides (California, Colorado, and New York) to help practitioners understand the intersection between immigration and child welfare.

The New York Quick Guide includes citations to applicable federal and state laws and regulations and links to relevant U.S. Citizenship and Immigration Services resources, New York State Office of Children and Family Services administrative directives, and New York City Administration for Children's Services policies.

Recommendations for financial institutions on preventing and responding to elder financial exploitation

The Consumer Financial Protection Bureau has issued recommendations for banks and credit unions on how they can help protect senior citizens from financial abuse.

These include:

• Develop, implement and maintain internal protocols and procedures for protecting account holders from financial exploitation (FE);
• Train management and staff to prevent, detect and respond to FE;
• Detect FE by harnessing technology such as predictive analytics to detect possible FE;
• Report all cases of suspected exploitation to relevant federal, state and local authorities- including APS. : understand that the Gramm-Leach-Bliley Act is not a barrier to reporting suspected FE; understand the role of APS; expedite response to documentation requests of APS, law enforcement and other government entities investigating reports of FE;
• Protect older account holders: including offering “convenience accounts” in place of joint accounts so trusted family/friends can write bills on behalf of senior but not legally use money for their own purposes;
• Collaborate with other stakeholders, including APS and law enforcement: help educate older account olders, caregivers and the public, participate in local multidisciplinary initiatives

For more information on how to implement the recommendations, click here.

The Youthful Offender Domestic Violence Court: A Collaborative Approach to Teen Dating Violence within the Criminal Justice System

New York State prosecutors and other groups will be hosting a webinar discussing the Youthful Offender Domestic Violence Court (YODVC), a collaborative court that approaches teen dating violence cases from a teen-specific and youth development-informed perspective.

The webinar will highlight the prevalence of teen dating violence, address the unique needs of teen complainants and defendants, discuss the history and goals of the YODVC, and provide transferable lessons that prosecutors can integrate into their practice when working on teen dating violence matters.

While this webinar is focused on domestic violence/dating abuse, it is applicable to all prosecutors working with young witnesses.

For more information, click here.

Schuyler County Courthouse Closed Friday March 25

The Schuyler County Courthouse will be closed on Friday March 25. In case of emergency, please contact Chemung County Courts.

Department of Justice issues guidance to courts on jail for nonpayment of fines or fees.

The U.S. Department of Justice has issued a guidance letter on practices around the country related to the assessment and enforcement of fines and fees in state and local courts. This letter has been sent to state chief justices and state court administrators.

The agency alleges that, "[t]he letter addresses some of the most common practices that run afoul of the U.S. Constitution and/or other federal laws, such as incarcerating individuals for nonpayment without determining their ability to pay. The letter also discusses the importance of due process protections such as notice and, in appropriate cases, the right to counsel; the need to avoid unconstitutional bail practices; and due process concerns raised by certain private probation arrangements."

The Department has also developed a resource guide on reforming the assessment and enforcement of fines and fees.

For more information, click here.

Faith-Based Perspectives on Advancing Women's Equality: From Oppression to Empowerment

Cornell Law School’s Christian Legal Society, the Avon Global Center for Women and Justice, and the Jewish Law Students Association

are presenting this program Wednesday (March 23) at 4:30 pm in Myron Taylor Hall.

Christian, Jewish, and Muslim women's equality advocates will give their perspectives on how they use their respective faiths to empower women and promote gender equality.

For more information, click here.

March 18 is National Public Defense Day

Friday (March 18) is the first national Public Defense Day and the 53rd anniversary of Gideon v Wainwright.

Public Defense Day highlights the work public defense attorneys, investigators, social workers, and other members of the public defense community do every day.

For more information, check out the New York State Defender’s Association’s social media campaign on Twitter and Facebook.