Second Amendment Legal Update: May 2023

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. For a complete copy of this month’s report, click here.

Schuyler County Commemorates Monday May 1 as “Law Day”

Law Day is Monday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2023 theme “Cornerstones of Democracy: Civics, Civility, and Collaboration.”

The legislature passed a resolution at its April 10, 2023 meeting, recognizing “Law Day” as an occasion of public acknowledgement of our Nation’s heritage of justice, liberty, and equality under the law.

The resolution was submitted to the legislature by Schuyler County Attorney Steven Getman.

“Promoting collaboration and civility is an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler so that we might respectfully resolve our disputes, strengthen the bonds between citizens, and protect the promise of freedom,” Getman wrote.

However, the resolution noted, “overly-entrenched political beliefs, unwarranted personal attacks, efforts to silence those with whom one disagrees, and a national news media often prone to sensationalism and partisanship may erode civility, collaboration and the blessings of liberty.”

In passing the resolution, the legislature called upon all Schuyler County residents “to observe this day by renewing their commitment to civic engagement, civility, and collaboration, to promote justice, liberty, and equality under the law.” It was supported unanimously by the members present.

May 1, 2023 is the 65th Law Day. In 1958, President Dwight D. Eisenhower issued the first Law Day Proclamation to mark our nation’s commitment to the rule of law. Each year the American Bar Association selects an annual theme for Law Day.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2023 as ‘Law Day’ in Schuyler County” is available below:

RECOGNIZING AND COMMEMORATING MAY 1, 2023 AS “LAW DAY” IN SCHUYLER COUNTY – COUNTY ATTORNEY’S DEPARTMENT by Steven Getman on Scribd

County Officials Warn: Be aware of unsolicited property offers. “Know your rights before you sign.”

Schuyler County Clerk Theresa Philbin and County Attorney Steven Getman are warning property owners to be aware of unsolicited offers to buy land in Schuyler County, often at a deep discount from the actual value.

 “Reports have surfaced this month of a company soliciting  property owners in the area offering to buy vacant land for cash,” Philbin said.  “The offers include a Purchase and Sale Agreement, asking the owner to sign and send back within a short period of time.  The quick cash offer they make is always below the assessed value, and sometimes by as much as 15 to 25 percent. That could cost you thousands of dollars, depending the price and your property’s actual value.”

 “Many of these buyers are, basically, throwing out nets to see if they can find an owner who doesn't understand the real value of their property or an owner that wants to sell quickly at (almost) any cost. They may be senior citizens, facing a personal situation that is forcing them to consider selling their real estate. These buyers are often hoping to find sellers willing to sell at 85% or less of the true market value.”

County Attorney Steven Getman,
County Clerk Theresa Philbin

While the offer may be perfectly legal, signing and sending back the agreement, Getman pointed out, would create a binding contract.  That contract, Getman said, may obligate the owners to conditions or expenses they did not understand before signing. 

“For example, the offer may state the buyer will pay all closing costs, but also require the seller to clear up any liens or encumbrances on the property at the seller’s own expense before the sale,” Getman explained.  “That could include mortgages, property taxes or even electric, water and sewer bills.  If the sale price does not cover those expenses, the sellers could be left paying out more than they are getting for the property.”

In another case, Getman noted, the offer required to seller to convey to the buyer all personal property located on the land.

 “That could include items such as expensive appliances, motor vehicles or even items of sentimental value,” Getman said.

 Therefore, property owners should review any documents very carefully and consult an experienced attorney before signing any type of agreement, Getman said.

Philbin and Getman offered several tips to property owners who receive unsolicited offers to buy their land:

• Never sign anything until you are sure you want to move forward
• Have your own attorney review the document before your sign them. If you do not have an attorney, the New York State Bar Association may be able to refer you to an appropriate attorney via the NYSBA Lawyer Referral and Information Service: https://www.findalawyernys.org.
• Check out the would-be buyer online. If someone is legitimately interested in buying your home, you should be able to retrieve information about them. Look for any red flags such as bad reviews or lawsuits.
• Ask for references. If the buyer will not offer any, something is wrong. If their references are sketchy and cannot be verified, you need to rethink doing business with that person. 
• Find out the fair market value of your home before you agree to a price.
• Consider bringing in a real estate professional to represent you and give you a fair opinion of your land’s value. If the buyer is legitimate they should be willing to discuss terms with your agent.
• If selling your property seems like a good idea, do not jump at the first offer made (especially if it represents just a small fraction of the land’s worth).

Finally, if you receive anything in the mail about your property that seems questionable, Philbin and Getman said that you can contact the County Clerk or, in the event of possible criminal activity, local law enforcement.

 

“Keep in mind that this is often totally legitimate,” Getman said. “The goal here is to understand what you may sacrifice for convenience.”

“Know your rights before you sign,” Philbin said.

The Schuyler County Clerk is responsible for all books, files and other necessary equipment for the filing, recording and depositing of deeds, maps, papers in actions and special proceedings of both civil and criminal nature, judgment and lien dockets and books for the indexing of the same as directed or authorized by law.

The Schuyler County Attorney is the legal advisor for county government and its various officials. The County Attorney prosecutes and defends civil actions on behalf of the county and county employees acting pursuant to their official duties.

Fair Trial/Free Press Conference: Local media, the law, and alleged police misconduct

Albany Law School, the New York University School of Law, and the New York Fair Trial/Free Press Conference are sponsoring 2023 Fair Trial/Free Press Conference, to be held on April 24, 2023, from 11:30 a.m. – 2:00 p.m.

Hear from a distinguished panel of judges, prosecutors, print and broadcast journalists, media counsel, and other practicing attorneys during the Fair Trial/Free Press Conference.

The conference combines a discussion of a hypothetical scenario with an overview of media law. Panelists will discuss the legal, political, and ethical issues that arise after a reporter is arrested while covering a police-involved shooting.

This free event is open to the public. Lunch will be provided and CLE credits are available to attorneys who register and attend.

Interested persons can attend in person at the following location:

Lester Pollack Colloquium Room, 9th Floor
Furman Hall
NYU School of Law
245 Sullivan Street
New York, NY 10012

The event will be live-streamed as well. For more information, including how to register, click here.

Schuyler County in line to receive $362,000 opioid settlement

Three national pharmacy chains—CVS, Walgreens, and Walmart--will pay Schuyler County up to $362,000 to settle claims the companies contributed to the ongoing opioid crisis in that county, under a settlement agreement to be voted on by the Schuyler County Legislature at its April meeting.

 

On Monday (March 27), the county’s Management and Finance Committee, chaired by Watkins Glen legislator Phillip Barnes, voted to recommend the settlement and authorized Schuyler County Attorney Steven Getman to execute the necessary legal documents upon approval by the Schuyler County Legislature.  The legislature will consider the measure on Monday (April 10).

 

The county is estimated to receive $125,031 from CVS, $158,486 from Walgreens and $79,038 from Walmart, Getman said.

 

According to Getman, the three companies all agreed to the settlement with the county as a part of a nationwide agreement to resolve all opioid litigation brought by states and local political subdivisions, including a pending lawsuit filed by the county, as well as later claims brought by the New York State Attorney General’s office. The agreement calls for the three chains to pay the county over the next fifteen years, with payments expected to begin in late 2023. 

 

Getman said that the settlement funds can be used for a variety of purposes.

 

“Potential uses include treating opioid addiction, law enforcement expenditures, funding social services and similar anti-drug efforts,” Getman explained.

The proposed settlement also orders the companies to implement changes to prevent fraudulent prescriptions, Getman noted.  Those changes include the companies addressing their compliance structures, pharmacist judgment, diversion prevention, suspicious order monitoring, and reporting on blocked and potentially problematic prescribers.

If approved, the agreement would be one of several opioid settlements Schuyler County has been a part of over the past five years.  In 2021, the county legislature authorized Getman to accept up to $121,000 from Johnson & Johnson and up to $546,000 from distributors McKesson Corporation, Cardinal Health Inc. and Amerisource Bergen Drug Corporation to treat, reduce and prevent opioid abuse.  A similar agreement, for $41,000, was obtained from defendant Actavis, Inc. in early 2022.  In January, the county legislature authorized Getman to accept up to $116,000 from Teva Pharmaceutical Industries Ltd. 

 

If these latest agreements are approved, the county will be in line to receive nearly $1.2 million total to date for opioid prevention and remediation.

 

“One cannot put a price on lives lost and families torn apart,” Getman said, “but with nearly $1.2 million expected to be delivered to Schuyler County, we can provide our community with financial assistance to continue this battle and hold these companies responsible for their role in the opioid epidemic.”

 

The settlements stem from a 2018 lawsuit the county filed against approximately thirty defendants, including some of the biggest names in the pharmaceutical industry. The lawsuit alleged the defendants had long known that opioids were addictive and subject to abuse, particularly when used long-term for chronic non-cancer pain, and should not be used except as a last-resort. However, the lawsuit stated, the defendants spent hundreds of millions of dollars disseminating scientific materials and advertising that misrepresented the risks of  long-term opioid use.

 

Schuyler County was one of many local governments that filed lawsuits against the manufacturers and distributors of opioid pain killers. At least 14 counties across New York sued the pharmaceutical companies for fraudulent marketing practices.

 

After the counties sued, in March 2019, the New York State Attorney General’s office brought its own lawsuit on behalf of the state.   In 2021, Attorney General Letitia James championed legislation to create an opioid settlement fund and in 2022 she announced a tentative deal with CVS, Walgreens and Walmart that she says will deliver over $13 Billion for communities nationwide to combat the opioid crisis.

 

Schuyler County’s lawsuit against other defendants remains pending, Getman said, with the possibility of more settlements and additional funding to the county still to come.  

 

The three companies involved in the latest proposed agreement have each issued their own statements denying liability and supporting settlement.

 

Resolution No. 21 (Intro), ... by Steven Getman

Second Amendment Legal Update, April 2023

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. For a complete copy of this month’s report, click here.

New York Courts’ Equal Justice Initiative Issues Progress Report

The New York State Office of Court Administration has released a report updating the status of the court system’s Equal Justice Initiative.

“Equal Justice in the New York State Courts: 2022 Year in Review,” highlights the court system’s statewide efforts over the past year "to promote diversity and inclusiveness on the bench and in the courts’ workforce and foster a safe, welcoming and bias-free environment."

Initiatives highlighted in the March 8 report include:

▪ Mandating comprehensive racial bias training for all judges and nonjudicial staff.
▪ Expanding the resources of the court system’s Office of Diversity and Inclusion (ODI).
▪ Revising human resources and interview practices.
▪ Creating Equal Justice Committees in each of the court system’s 13 judicial districts to implement reforms at the local level.
▪ Developing a bench card for judges, with tips on using LGBTQ+-inclusive language and pronouns.
▪ Expanding Virtual Court Access Network (VCAN) sites to help bridge the digital divide by providing remote access to courts in locations such as libraries, houses of worship and community centers.
▪ Appointing a Statewide Equal Justice Coordinator.

The full report is available online here.

NYS Judicial Conduct Commission releases annual report

The New York State Commission on Judicial Conduct has released its 2023 Annual Report, covering activities throughout the calendar year 2022.

Among its latest activities:

• The Commission also rendered 25 public decisions, the most in a single year since 2009.
• Thirteen judges were publicly disciplined: three judges were removed from office, seven were censured and three were admonished.
• Twelve judges resigned and publicly agreed never to return to judicial office.
• Six other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• Twenty-seven judges were issued confidential cautionary letters.
• One hundred and eighty-seven matters were pending at year’s end.

The Commission is the disciplinary agency constitutionally designated to review complaints of judicial misconduct in New York State. The Commission's objective is to enforce the obligation of judges to observe high standards of conduct while safeguarding their right to decide cases independently.

The Report is available at here. An accompanying press release is available here.

Schuyler County: Gideon's Day Celebration is March 17

The Schuyler County Public Defender's Office is holding an Open House on Friday, March 17th from 2pm to 4pm. It will be celebrating the 60th Anniversary of the Supreme Court Decision in Gideon v. Wainwright:

Gideon v. Wainwright is a landmark case in which the U.S. Supreme Court ruled on March 18, 1963, that the 6th Amendment of the U.S. Constitution requires U.S. states to provide attorneys to criminal defendants who are unable to afford their own.

Clarence E. Gideon was charged with felony breaking and entering in a Florida state court. He requested an attorney, but the judge denied him because it was not a capital case. With only an 8th grade education, he represented himself and was convicted after a trial. He appealed all the way to the U.S. Supreme Court who ruled the 6th Amendment requires the state to provide an attorney because he could not afford one. Upon retrial Mr. Gideon was acquitted by the jury after only an hour of deliberation.

Please stop by to enjoy some treats, talk with our staff, and learn more about the important role public defenders and defense attorneys have in our criminal justice system and the service they provide to our community as a whole.

Second Amendment Legal Update: March 2023

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. For a complete copy of this month's report, click here.