Judicial Politics and the Presidential Election

Judicial Politics and the Presidential Election Topic of Oct. 25 Lecture at Keuka College:

Keuka College will host a presentation by Dr. Thomas M. Keck, the Michael O. Sawyer Chair of Constitutional Law and Politics and professor of political science at Syracuse University’s Maxwell School of Citizenship and Public Affairs professor of political science at Syracuse University, Tuesday, Oct. 25.

Dr. Keck will discuss “From the White House to the Supreme Court: Judicial Politics and the Presidential Election” from 1- 2:25 p.m. in Hegeman Hall 109. It is free and open to the public.

Seneca County to Hold Drug Take Back Day

Ithaca Times:

On Saturday, October 22nd, 2016, the Seneca County Sheriff’s Office, partnering with the DEA, will conduct another drug take back day at two Seneca County locations. From 10 a.m. to 2 p.m., deputies will collect potentially dangerous, expired, unused and unwanted prescription drugs for destruction.

This service is free and anonymous with no questions asked and no paperwork to complete. Citizens may drop off these drugs at the Seneca County Law Enforcement Center, 6150, Route 96, Romulus, N.Y. or at the Sheriff’s sub-station at 44 West William Street, Waterloo, N.Y. Deputies will be on hand to answer any questions or concerns.

N.Y. State Bar launches NY.FreeLegalAnswers.org

The New York State Bar Association will soon be participating in the ABA Free Legal Answers project.

This project will provide an online platform for New York attorneys to provide limited scope legal advice to low income New Yorkers.

All low income persons who meet the project’s eligibility standards may utilize this service in New York.

For more on this resource, click here.

Beware of Scammers Posing as National Grid

Better Business Bureau of Upstate New York has issued a warning about a utility scam:

National Grid reports that scammers are targeting its customers, demanding payment over the phone and telling people that they will shut off service if they do not comply.

Because utility companies do sometimes contact their customers by phone, it can be difficult to tell a scammer from a real employee. BBB offers the following tips: Prepaid debit cards are a red flag. If a caller specifically asks you to pay by prepaid debit card or wire transfer, this is a huge warning sign. Your utility company will accept a check or credit card and will usually direct you to one of their payment locations.

The BBB cautions the people should never give their credit card, debit card, Social Security, ATM, checking or savings account numbers to anyone who comes to your home, calls or sends an email requesting information.

More here.

Domestic Violence Awareness Month: New York State “Know Your Rights” brochure

New York State has released an updated “Victims of Domestic Violence: Know Your Rights!” brochure to mark the 29th annual Domestic Violence Awareness Month.

The brochure describes key legal protections and services available to victims of domestic violence, particularly in the areas of housing and employment, under New York law and the 1994 federal Violence Against Women Act.

The brochure also includes information about new protections stemming from New York State’s recently-enacted Women’s Equality Agenda. This new legislation protects victims of domestic violence from discrimination when they attempt to rent or lease housing, and provides them with an affirmative defense in eviction proceedings and a private right of action. It also creates a pilot program to allow domestic violence victims to seek temporary orders of protection electronically rather than having to appear in person.

October was first proclaimed National Domestic Violence Awareness month in 1989 by President George H.W. Bush.

New York's updated pamphlet is available here.

Seneca County Driver Safety Class - October 2016

The National Safety Council and the Seneca County Chamber of Commerce are offering a six (6) hour New York State Defensive Driving Course. The Safety Council or the Chamber reserve the right to cancel any class. Take up to 4 points off of your license every 18 months and reduce your insurance every 3 years.

The dates are October 12, 2016 - October 13, 2016 (both classes must be attended).

For more information, click here.

Register to vote in New York by October 14

Are you registered to vote? Are your family members? Any citizen who is 18 by November 8, 2016 can vote.

Checking registration is easy: Use this link.

Not registered? Use this link to register.

The last day to register to vote in NY for the upcoming presidential election is October 14th.

Please register and vote.

Governor urged to act on indigent defense bill

In an Op Ed published by Syracuse.com, New York State Bar Association president Claire P. Gutekunst urges Gov. Cuomo to sign the indigent criminal legal defense bill, noting that full funding is "consistent with a mandate imposed more than 50 years ago."

The bill passed by both houses would provide for state funding of public-defense services in all of New York's counties, phased in over seven years.

This would...(u)ltimately ensure that eligible defendants represented through the public-defense system receive the quality legal representation to which they are constitutionally entitled, regardless of where they were prosecuted.

For more on this bill, click here.

NY Court rules non-adoptive, non-biological parent can seek visitation/custody

In a decision handed down August 30, the New York State Court of Appeals ruled that when an unmarried couple who decide to conceive children together separate, a non-adoptive, non-biological parent has the right to seek visitation or custody.

The ruling reverses a 25-year-old precedent that had barred non-adoptive, non-biological parents from claiming parenting rights.

The decision focused on changing social and legal definitions of family and parenting.

The Court limited its ruling to instances where two parents together decided to conceive and raise a child.

The Court did not rule on whether non-biological, non-adoptive parents have parenting rights in situations where a couple did not choose to conceive a child, but did choose to raise the child after conception.

In addition, it was noted that that Family Court retains power to make custody and visitation decisions in individual cases based on its discretion.

Click here to read the decision.

Defense attorney group offers Second Amendment challenges to NY Penal Law 265.01(1).

The Center for Appellate Litigation (CAL) has released an article on legal challenges to prosecutions under NY Penal Law 265.01(1) (fourth-degree criminal possession of a weapon) on sufficiency and constitutional grounds.

The article looks at the United States Supreme Court decisions in District of Columbia v Heller and Caetano v Massachusetts and presents ideas for making Second Amendment challenges to the per se nature of the statute, including:

· Move pretrial (in writing) to dismiss charges of fourth-degree criminal possession of a weapon under Penal Law § 265.01(1), on Second Amendment grounds (citing District of Columbia v. Heller and Caetano v. Massachusetts). [F]ocus your arguments on the lawful, protected purposes of the weapon (including, but not limited to, self-defense). It can be argued that some of the more obscure items in PL § 265.01(1) are collectible items, or used for recreation.
· Also consider sufficiency challenges based on the statutory and/or common law definitions of certain per se weapons. Argue that the weapon doesn’t fit the definition.

The CAL newsletter offers litigation strategies to challenge the use of such evidence and preserve the record in a way that may lead to a resolution that protects the Constitutional Rights of gun owner defendants.
The newsletter is available here.