Article: The Shocking Lack of Lawyers in Rural America

The Atlantic writes that "while cities are trying to reform their criminal-justice systems, smaller, more far-flung locales are struggling to provide basic services."

While it is well known that public defenders’ caseloads are untenably high in jurisdictions nationwide, prompting lawsuits, the situation is particularly dire in largely rural states such as Louisiana. These so-called legal deserts may have only one or two defense attorneys, who are usually near retirement with no one to take their place. In Mississippi, defendants routinely wait up to a year to even get assigned counsel. In Minnesota, counties can span hundreds of miles and court may sit only twice a month, requiring staff and lawyers to drive an hour each way.

Meanwhile,several counties in New York, including Schuyler County, "have been implementing the historic reforms to public criminal defense set forth in the 2014 Settlement Agreement in Hurrell-Harring v. The State of New York (Settlement) which received court approval in March 2015."

By ensuring counsel at every arraignment, utilizing uniform criteria and procedures for assessing financial eligibility for assignment of counsel, and taking steps to reduce attorney workloads, the Hurrell-Harring counties and providers have worked tirelessly for four years with the aid of $23.8 million in State funds annually to improve the quality of representation provided in criminal cases.

For more on Schuyler County's work to improve the quality of legal services for indigent defendants, click here.

Changes to New York's landlord-tenant law

Some of the biggest changes are:

• If a tenant is ordered evicted, instead of 72 hours, the court order must give the tenant 14 days.
• If the tenant can pay up, in full, at any time during the eviction process, the landlord has to accept.
• Landlords who unlawfully evict tenants can now be fined and charged with a misdemeanor.
• Landlords cannot use a tenant’s history of evictions or judgments from landlords to refuse to rent to them.
• Landlords have to give written notice when they start eviction proceedings. They cannot start court proceedings for at least 10 days after the tenant is served.
• If the tenant shows up to court and asks for an adjournment, the judge has to grant it and the minimum is two weeks.

For more on the new laws, click here.

Elmira man jailed for failure to pay child support, probation violation

Watkins Glen, NY (July 16)--An Elmira man was given a 60-day jail sentence for not paying past-due child support and violating his probation, following an appearance in Schuyler County Family Court on Tuesday (July 16, 2019).

According to County Attorney Steven Getman, the respondent was found in willful violation of a prior court order because he failed to pay over $2500.00 in back support for his two children and absconded from probation supervision.

Schuyler County Attorney Steven Getman

At Tuesday’s court appearance, Getman noted that the respondent had been placed on probation in 2018 for prior violations of the court’s support orders.    However, Getman said, the respondent continued to miss payments and then absconded to California, causing a warrant to be issued for his arrest.

The last payment was made in September, 2018, Getman said.

Based on the evidence, Getman argued, the respondent should be sentenced to jail.

The respondent was represented by Schuyler County Assistant Public Defender Mark Raniewicz. Raniewicz asked the court to consider releasing his client on a suspended judgment, giving him time to make payments.

After hearing from the attorneys, and the respondent, Acting Schuyler County Family Court Judge Joseph Cassidy determined that the respondent should be incarcerated.  Therefore, he sentenced the respondent to sixty days in jail, with the opportunity to “purge” the sentence if he paid at least $1000.00 towards the back child support.      Cassidy then ordered the man immediately taken into custody by court security.

Getman said he was pleased with the court’s decision.

“This jail sentence sends a message that will hopefully resonate,” Getman said. “Under New York State law, parents who willfully fail to obey court orders of child support can be sentenced to up to six months for contempt of court.”

“Parents who refuse to support their children can, and will, be punished when appropriate.”

The county attorney’s office represents the Department of Social Services and Probation Department in prosecuting child support cases brought in the family court by those agencies.  In addition, the office provides support collection services for eligible custodial parents seeking assistance in establishing and enforcing orders for child support.

The county attorney’s office was assisted in the prosecution and presentation of the case by employees of the county’s child support enforcement unit and county probation department.

The man’s name was not released to protect the privacy of his children and family.

Schuyler County Clerk Theresa Philbin endorses Getman for Judge

Schuyler County Clerk Theresa Philbin is the latest local leader to endorse Republican nominee Steven Getman in this year’s election for Schuyler County Court Judge.

“As your County Clerk, I've seen Steve's work up close for years. He is always level-headed and focused on achieving a fair and just result. He is knowledgeable, understanding and fair in all of his dealings with county employees, elected officials and the public. Steve is right for this position in every way.”

“Theresa is one of Schuyler County’s finest public servants and it’s an honor to have her support in this important election,” said Getman.

Getman and Philbin have worked together extensively to help residents of Schuyler County. For example, earlier this year, they teamed up to help warn residents about a possible deed scam involving a company that sells public information to homeowners about their own properties at inflated costs.

Philbin also noted that, “Anyone who cares about Gun Rights should support Steven Getman. He has been extremely helpful to me by providing advice and counsel related to the Second Amendment and he is a lifelong supporter of our Right to Bear Arms.”

Getman, a resident of Watkins Glen, has been the Schuyler County Attorney since 2015. Prior to that, he served as the assistant county attorney. He has practiced law since 1992, in areas including criminal law, family law, and municipal government. He has helped teach our next generation as an Adjunct Instructor at Keuka College, leading courses focused on criminal justice and constitutional law.

Getman has previously been endorsed by Schuyler County Republican Chairman Van Harp, former County Republican Chairman Lester Cady, former County Republican Chairman and current County Legislator Phil Barnes and Odessa Mayor Gerry Messmer, among others.

In late June, Getman also earned the endorsement and nomination of the full Schuyler County Republican Committee. Getman will be the only county court judge candidate to appear on the Republican line on this November’s ballot.

He has been cross-endorsed by the Libertarian Party as well.

The General Election is slated for Tuesday, November 5.

Schuyler County Clerk Philb... by on Scribd

Schuyler Co. towns agree to work toward agreement with Humane Society

WENY News:

Schuyler County officials say they all have agreed to work toward an agreement to keep their animal control partnership in place with the Humane Society of Schuyler County.

This came after several towns – Montour, Dix, Hector, Catharine, Reading and Tyrone – had all voted to cancel their contract with the Humane Society and create a new agreement with a different animal control entity.

Read the full statement from the Humane Society and the towns here.

Steven Getman Wins Republican Nomination For Schuyler County Court Judge

(Watkins Glen, NY) Schuyler County Attorney Steven Getman is the Republican nominee for County Court Judge following a contested vote tonight.

The Schuyler County Republican Committee met Thursday, June 27, and voted to nominate Getman over fellow Republicans Jess Saks and Dan Fitzsimmons and Democrat Matt Hayden. 

In endorsing Getman, Republican Committee Chair Van A. Harp stated, “During my time serving in the FBI, and on the County Legislature, I worked with countless attorneys from all over the place. Steve ranks among the best attorneys I’ve seen in action. As our current Schuyler County Attorney, he handles some of the most complex and important cases that come into our court system. He understands criminal court proceedings, family court proceedings, and surrogate court proceedings – all of which will be the responsibility of our next County Court Judge.”

“I am humbled and honored by the support of my fellow Schuyler County Republicans,” Getman said. “I plan to run a clean, positive, campaign, based on education, training and legal experience.”

In addition to Harp, Getman gained the written endorsements of past County Republican Chairs Phil Barnes and Lester Cady prior to the committee vote.

“It is my opinion that there is only candidate who is uniquely qualified to effectively serve in all of the roles required of a Schuyler County Court Judge: Steven Getman,” Barnes stated in a letter to the committee.

“Steve is smart, ethical and understands the U.S. Constitution,” Cady wrote. “He is the right person for this job.”

This is Getman’s second endorsement in this year’s judicial race. He obtained the backing of the New York State Libertarian Party earlier this month.

An attorney since 1992, Getman has practiced in each of the courts over which the County Court Judge presides: County Criminal, Civil, Family and Surrogate’s. He has also handled dozens of criminal and civil appeals in the New York State Supreme Court Appellate Division. As Schuyler County Attorney, Getman is the chief legal advisor to approximately 250 county employees, including the County Administrator and County Legislature. He and his staff have handled thousands of cases, prosecuted and defended civil actions, appeared in numerous courts, and drafted legislation. In addition, his office prosecutes family court cases involving child abuse and neglect, juvenile delinquency and child support violations.

Beyond his service as an attorney, Getman has taught criminal justice and constitutional law as an Adjunct Instructor at Keuka College for the past eight years. 

Getman, age 54, is a graduate of Hofstra University, Ithaca College and Cornell University. He is an endowment life member of the NRA and a member of Schuyler County SCOPE (Shooters Committee On Political Education), Millport Hunting and Fishing Club, Community Conservation Club, Schuyler County Arc Nominating Committee, Watkins Glen-Montour Falls Lions Club, Watkins Glen Area Chamber of Commerce, New York State Bar Association, Schuyler County Bar Association, Association of Prosecuting Attorneys, and New York State Defenders Association. He resides in Watkins Glen.

This year’s election will feature the seat for County Court Judge based on the May 30 retirement of Judge Dennis Morris. Due to the timing of Morris’s retirement, candidates are required by law to be nominated by the County Party Committees, rather than through a Primary Election. The Republican Committee consists of thirty local republicans from throughout the county, selected by voters.

The General Election is slated for Tuesday, November 5th.

New York Court allows opioid claims to go forward against current, former directors of Purdue Pharma

Central Islip, NY--A New York State Supreme Court judge has denied a motion to dismiss cases brought by multiple New York municipalities, including Schuyler County, against current and former directors of opioid manufacturer Purdue Pharma.

In a ruling filed Friday (June 21), Justice Jerry Garguilo found thirty-one counties and two cities had alleged sufficient facts to move forward against various members of the Sackler family in order to recoup millions of dollars in costs tied to the opioid crisis.

Among the local counties and cities making claims are Schuyler County, Seneca County, Steuben County, Tompkins County and the City of Ithaca.

According to Schuyler County Attorney Steven Getman, Schuyler County's claims include public nuisance, negligence, fraud and false advertising. 

Pursuant to the June 21 decision, the Sackler family had argued that they were not vicariously liable for the acts of Purdue’s board of directors and that the cities and counties had failed to allege that any of them participated in making the alleged misstatements in the complaint.

However, Garguilo found that, under New York law, directors may be held individually liable for a company’s tort action if they “directed, controlled, approved or ratified” the decision that lead to the injuries.

The complaint, the judge noted, alleged the Sacklers, as “controlling directors” of Purdue, oversaw the company’s marketing and targeting of doctors.  The Sacklers include former Purdue Chair and president Richard Sackler and seven other members of the family.

A public nuisance claim, the judge wrote, “may be an appropriate tool to address the consequential harm from the defendants’ concerted efforts to market and promote their products for sale and distribution, particularly as such efforts are alleged to have created or contributed to a crisis of epidemic proportions.”

Therefore, Garguilo allowed the cases to go forward, pending further discovery and other pretrial proceedings.

One such case was recently brought by Schuyler County. In August 2017, the County Legislature voted to retain the firm of Napoli Shkolnik to work with Getman, as special counsel, to bring an action against the manufacturers and distributers of prescription opiates for damages to the County. In May 2018, Getman filed a nearly 250-page Summons and Complaint for damages to the county. That case was transferred to Suffolk County Courts shortly thereafter, to join other cases brought by various New York state counties.  The counties later added the Sacklers as individual defendants.

“We applaud the court’s decision,” Getman said. “Schuyler County’s lawsuit will move forward to seek reimbursement for its expenses allegedly related to the opioid crisis as well as to provide the County with financial aid to fight addiction, overdoses, drug-related crimes and drug deaths.”

According to Schuyler County Administrator Tim O’Hearn, the lawsuit was filed at no risk to the county, as Napoli Shkolnik will work on contingency basis that will cover all costs associated with the lawsuit.

“By going forward with litigation, the County Legislature hopes to lessen the burden to taxpayers and hold manufacturers and distributors responsible for any role in the opioid epidemic,” O’Hearn said.

Schuyler County is one of several New York municipalities to file lawsuits against the manufacturers and distributors of opioid pain killers. At least thirty-three municipalities across the state are suing pharmaceutical companies for what they claim are deceptive marketing practices.

In addition, in February 2018, New York State officials filed a lawsuit against Insys Therapeutics, Inc., alleging that Insys deceptively promoted prescription opiate Subsys for unsafe uses and violated state law by downplaying drug’s addictive risks.

A copy of the court’s decision can be found here.

A copy of Schuyler County’s Summons and Complaint can be found here

Note: The allegations in a civil complaint are merely accusations and defendants are not considered culpable unless and until accusations are proven by a preponderance of evidence in a court of law.

New York legislature ends session: some of the major laws passed this year

Gannett News service lists the “20 major laws passed at the New York State Capitol this year.” The bills related to a number of areas, including:

1) Abortions
2) Rental laws
3) Marijuana decriminalization
4) Voting law changes, including early voting
5) Sexual harassment, rape law changes
6) Equal pay for equal work
7) Child Victims Act
8) The religious exemption for vaccinations
9) Driver's licenses for undocumented immigrants
10) More Gun control
11) Permanent property-tax cap
12) Immigrants brought into the country illegally as children are now eligible for college tuition aid from New York if they attended high school in the state
13) Eliminating Cash bail for most crimes
14) Gravity knives
15) Climate change
16) LGBTQ rights
17) LLC loophole
18) E-scooters
19) Cat-declawing ban
20) Standardized tests

Governor Cuomo said the new laws make New York the “social progress capital of the United States of America,” while Republic Senator Jim Tedisco predicts the new policies will only intensify the pace of New Yorker’s outmigration to other states.

New York passes the SHIELD Act: law aims to strengthen data security and consumer privacy protections

The New York State legislature has passed The Stop Hacks and Improve Electronic Data Security (SHIELD) Act, related to enhanced protections against data breaches and identity theft.

According to the New York State Attorney General’s office, the bill:

• Expands the scope of information subject to the current data breach notification law to include biometric information, email addresses, and corresponding passwords or security questions and answers; • Broadens the definition of a data breach to include unauthorized “access” to private information from the current “acquired” standard;
• Applies the notification requirement to any person or entity with private information of a New York resident, not just to those that conduct business in New York State;
• Updates the notification procedures companies and state entities must follow when there has been a breach of private information; and
• Creates reasonable data security requirements tailored to the size of a business.

The SHIELD act now goes to Governor Cuomo for his review.

The full text of the bill can be found here.

U.S. Supreme Court has ruled: you can't restrict political yard signs

The New York Civil Liberties Union has stated that a unanimous 2015 decision by the U.S. Supreme Court "clearly called regulating yard signs based on content unconstitutional."

Based on such rulings, the New York Secretary of State has advised: “Some local governments have attempted to deal with the clutter of election campaign signs by limiting the period in which they may be posted. …such local regulations are likely to be struck down by the courts as an unlawful interference with the right of free expression as guaranteed by the First Amendment to the United States Constitution.”

As James Madison once said, “Our First Amendment freedoms give us the right to think what we like and say what we please. And if we the people are to govern ourselves, we must have these rights, even if they are misused by a minority.”