New York passes bill pass bill requiring state pay for legal services for poor defendants

Syracuse.com:

The New York State Senate on Thursday passed a bill that requires the state to pay the full cost of providing lawyers to poor defendants accused of crimes, a burden that largely falls to counties now.

The counties paid $372 million of the $521 million spent in 2014 to provide attorneys to indigent defendants.

Under Sen. John DeFrancisco's bill, the full cost of providing legal counsel to indigent defendants would gradually shift from the counties to the state over seven years, beginning in 2017. New York only partially reimburses counties for this cost now....

The bill would save counties huge amounts of money....

In 1963, the U.S. Supreme Court, in a landmark decision, ruled that states are required under the Fourteenth Amendment of the U.S. Constitution to provide legal counsel in criminal cases for defendants who are unable to afford to pay their own attorneys.

[Until this] New York is one of the few states where the counties shoulder the bulk of complying with the Supreme Court's ruling

More here.

World Elder Abuse Awareness Day: Elder Investment Fraud And Financial Exploitation Prevention Program

World Elder Abuse Awareness Day (WEAAD) is on the June 15.

In an effort to prevent financial exploitation of our senior citizens, New York State officials have announced the launch of the Elder Investment Fraud and Financial Exploitation (EIFFE).

The program educates doctors who frequently treat older patients about the risks that investment fraud poses to their patients and provides doctors with tools to recognize and report suspected fraud.

Studies show that approximately 20% of older Americans have been financially exploited, and that about 35% are afflicted by some form of cognitive impairment, which can make senior citizens particularly vulnerable to financial fraud.

The State Office of Children and Family Services’ Bureau of Adult Services, which plays a key role in recognizing and responding to financial exploitation of vulnerable adults, will also take part in the program.

For more information on Protective Services for Adults and other adult services provided through the local departments of social services click here.

Schuyler County local hotel tax on vacation rentals upheld on appeal.

Schuyler County’s local hotel tax on vacation rentals and other tourist facilities was upheld by a New York State appeals court Thursday (June 9). The tax is used to promote tourism and the local economy.

The Supreme Court, Appellate Division, ruled that the Schuyler County Treasurer properly applied the four percent local tax to these properties, rejecting an appeal filed by Thomas Schneider, owner of “Seneca Lake Vacation Rentals.”

Schneider had argued that his properties were exempt from the tax as “bungalows” under regulations of the State Commissioner of Taxation and Finance because they are furnished and do not provide housekeeping, food or other common hotel services.

On appeal, the court agreed with the county’s argument that state regulations only applied to state- administered taxes, not locally-administered taxes such as Schuyler County’s.

Schneider was represented by Ithaca attorneys Schlather, Stumbar, Parks & Salk.

Schuyler County was represented by county attorney Steven Getman.

Annual National Animal Abuse Prosecution Conference to be held in September

In partnership with the Animal Legal Defense Fund, the Association of Prosecuting Attorneys have announced the the 6th Annual National Animal Abuse Prosecution Conference.

The conference’s goal is to provide prosecutors and law enforcement with the requisite skills to strengthen links between the criminal justice system and the community by protecting our most vulnerable victims and to enhance prosecutors’ ability to successfully identify and prosecute animal cruelty and animal fighting cases.

This year's conference focuses not only basics of animal abuse prosecution, but tackles new and emerging issues facing criminal justice stakeholders today.

The Conference will be held in Austin, Texas on the dates of September 14-16th, 2016.

Registration is now open. All attendees are required to register.

New York Assembly passes bill requiring state pay full cost of lawyers for poor defendants

Syracuse.com:

New York would have to pay the $372 million a year that counties are now spending to provide lawyers to poor defendants accused of crimes under a bill unanimously approved Thursday by the state Assembly.

The bill now goes to the state Senate, where Sen. John DeFrancisco, the deputy majority leader, has said its passage is one of his top priorities this year.

Under the Assembly bill, the full cost of providing legal counsel to indigent defendants would gradually shift from the counties to the state over seven years, beginning in 2017. New York only partially reimburses counties for this cost now...

The bill would save counties huge amounts of money. Small counties like Cayuga County, in Central New York, are paying about $835,000 a year for indigent legal services. In Erie County, surrounding Buffalo, taxpayers are paying $11 million a year.

More here.

New national protocol for pediatric sexual abuse examinations

The U.S. Department of Justice has released a national protocol for Sexual Abuse Medical Forensic Examinations-Pediatric (Pediatric SAFE Protocol).

The protocol is designed for health care providers who conduct sexual abuse medical forensic examinations of prepubescent children and other professionals involved in an initial response to child sexual abuse. It has three main goals: "address the health care needs of prepubescent children who disclose sexual abuse or for whom sexual abuse is suspected; promote their healing; and gather forensic evidence for potential use within the criminal justice and/or child protection systems."

The protocol notes that "in the case of prepubescent children who display problem sexualized behaviors, examinations should be done by health care providers as these children may also be victims of sexual abuse."

More information about SAFE examinations is available here and here.

U.S. Department of Labor announces new overtime rules

The United States Department of Labor has finalized its overtime rule amending the “white collar” exemptions to the federal Fair Labor Standards Act.

This rule is expected to cause 4.2 million employees nationwide, including some 380,000 in New York State, to become eligible for overtime pay.

The Department estimates that the new rule will cost employers approximately $12 billion over the next ten years.

For more on the new rules click here.

Schuyler County to offer Medicare 101

These classes are open to anyone and provide participants with basic knowledge of Medicare. If you are caregiver, social worker, Medicare recipient or just planning for retirement this is an excellent opportunity.

New York State Domestic Incident Report Revised

The Division of Criminal Justice Services (DCJS) has redesigned the Domestic Incident Report (DIR) form "to improve its format and enhance its effectiveness and usability by law enforcement professionals.

These improvements make it easier to complete the form accurately and allow law enforcement to capture additional information, making the form more useful to law enforcement and enhancing the data included in the state's Domestic Incident Report Repository."

The DIR instructions also include "a list of some frequently seen offenses in domestic violence incidents." DCJS has produced an online training program about using the new DIR, which takes about 30 minutes to complete.

Additional documents provided with the training include an overview of the DIR Repository, a community action toolkit for addressing intimate partner violence against transgender people, and information about strangulation, including symptoms, visible signs, and interview questions

May 1 is Law Day: Commitment to the rule of law

Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.

This year’s Law Day theme is “Miranda: More than Words.” In 2016, the nation marks the 50th anniversary of perhaps the nation’s best-known U.S. Supreme Court case, Miranda v. Arizona. The Miranda Warning, which was developed in response to this landmark ruling, apprises suspects being interrogated by police of their right to remain silent and their right to legal representation. This year’s theme provides an opportunity to explore our criminal justice system and the importance of procedural fairness and equal justice under the law.

Law Day is an annual commemoration first held in 1957 when the American Bar Association envisioned a special national day to mark our nation’s commitment to the rule of law. The following year, President Dwight D. Eisenhower issued the first Law Day Proclamation. Law Day was made official in 1961 when Congress issued a joint resolution designating May 1 as the official date for celebrating Law Day.