New York State Court System to Begin Return to In-Person Courthouse Operations

The New York State Court System will begin a return to in-person courthouse operations this Monday (May 18).

The initial phase of the plan for the 6th Judicial District, which includes Schuyler County and Tompkins County, is available below:

NYS 6th Judicial District R... by Steven Getman on Scribd

Summary of Changes to Bail Reform Law

On April 3, 2020, changes were made to the bail laws in New York State, as part of the state budget.

There are substantial changes to conditions of release and an expansion of qualifying offenses for which a person may be detained on bail, effective in 90 days (July 3, 2020). Some of the changes are briefly summarized here and include:

• stay away orders expanded allowing court discretion and the ability to order individuals to stay away from and not associate with witnesses and co-defendants;  •  additional restrictions on travel and the ability of the court to order relinquishment of passport; 

• placement into pretrial services for mandatory programming, including counseling, treatment, and intimate partner violence intervention programs; 

• a court can remove a person under Mental Hygiene Law section 9.43;
• court can require “diligent efforts” to maintain employment, housing, enrollment in school or educational programs;
• expand conditions on stay away orders with consideration for “safety of victim” and may add specific conditions at the request of the complaining witness; and
•  the expansion of electronic monitoring, allowing municipalities to contract with private companies for monitoring equipment and other items.
 

The list of qualifying offenses has now been expanded to include certain misdemeanors, and non-violent and violent offenses.  Also included was a provision that a person forfeits their right to get court notification if they refuse to provide contact information.

Schuyler County Businesses: Paycheck Protection Program Funds Still Available

The U.S. Small Business Administration has announced that "billions of dollars in potentially forgivable Payroll Protection Program (PPP) capital remains available to small businesses and nonprofits to help provide eight weeks of payroll and certain overhead to keep workers employed." For more information, click here.

Second Amendment Legal Update: May, 2020

A monthly update, prepared for the Schuyler County Chapter of S.C.O.P.E. NY, a statewide 501(c)4 organization dedicated to preserving the 2nd amendment rights for the residents of New York State.

Schuyler County S.C.O.P.E. ... by Steven Getman on Scribd

Unemployment Insurance Relief: Volunteer lawyers can help

A new website provides resources for filing an unemployment claim and can match attorneys – free of charge – with persons whose claims are unsuccessful:

On March 27, 2020, the President of the United States signed the CARES act, which provides additional Unemployment Insurance assistance to workers impacted by COVID-19. This new law provides:

• Pandemic Unemployment Assistance (PUA) – Extended eligibility for individuals who have traditionally been ineligible for UI benefits (e.g., self-employed workers, independent contractors);

• Pandemic Unemployment Compensation – An additional $600 per week, on top of regular benefits, to all UI recipients; and

• Pandemic Emergency Unemployment Compensation – An additional 13 weeks of UI benefits, beyond the regular 26 weeks already provided, for a total of 39 weeks of coverage.

 

New York State Court of Appeals to move to virtual arguments in June

The New York State Court of Appeals, the state's highest court, is following the Appellate Division into virtual arguments in June due to COVID-19.

Currently, the Court is only considering submitted (on papers) appeals during its April and May session, not in-person arguments, according to published reports.

Interim Guidance on Requiring Face Coverings for Employees Interacting with the Public During the COVID-19 Outbreak

New York State Executive Order 202.16, issued on April 12, 2020, provides the following directive:

For all essential businesses or entities, any employees who are present in the workplace shall be provided and shall wear face coverings when in direct contact with customers or members of the public. Businesses must provide, at their expense, such face coverings for their employees. This provision may be enforced by local governments or local law enforcement as if it were an order pursuant to section 12 or 12 -b of the Public Health Law. This requirement shall be effective Wednesday April 15 at 8 pm. 

Under this order, essential businesses, as well as state and local government agencies and authorities, must procure, fashion, or otherwise obtain face coverings and provide such coverings to employees who directly interact with the public during the course of their work at no-cost to the employee.

For additional information, employers can visit the New York State Coronavirus (COVID-19) Website or  the United States Centers for Disease Control and Prevention Coronavirus (COVID-19) Website.

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April 19 to 25 Proclaimed National Crime Victims’ Rights Week, 2020

From the White Proclamation on National Crime Victims’ Rights Week, 2020:

In 1981, President Ronald Reagan proclaimed the first National Crime Victims’ Rights Week to acknowledge the abuse and trauma that victims of crimes often experience, and to recognize the tireless work of dedicated advocates who have taken up the cause of supporting crime victims across our country.

Thanks to the efforts of these individuals, more victims are receiving the care they deserve and accessing tools to empower them as they recover.

This week, we express our appreciation for those who support crime victims, and we reaffirm our strong commitment to reducing the trauma of crime for victims and their loved ones.

US Supreme Court Decides Kansas v Glover

On Monday (April 6) the United States Supreme Court, by a vote of 8-1, held that reasonable suspicion for a vehicle stop exists where the officer is informed that the registered owner of the suspect vehicle has a suspended driver's license. 

In its opinion, the Court reaffirmed its decision in United States v. Cortez (1981) holding that for an officer to initiate a brief investigative traffic stop "a particularized and objective basis for suspecting the particular person stopped of criminal activity" is required.

Additional protocols and procedures to mitigate the effects of the COVID-19 outbreak

New York State Courts announce additional protocols and procedures to mitigate the effects of the COVID-19 outbreak upon the users, visitors, staff and officers of the Unified Court System.