Schuyler County Commemorates Sunday May 1 as “Law Day”

Law Day is Sunday (May 1) and the Schuyler County Legislature has recognized as the Law Day 2022 theme “Toward a More Perfect Union: The Constitution in Times of Change.”

The legislature passed a resolution at its April 11, 2022 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.

“The Preamble to the United States Constitution mentions forming ‘a more perfect Union’ first in its list of purposes of the Constitution,” Getman wrote.

According to Getman, “the Preamble serves as an introduction to the highest law of the land. It sets the stage for the Constitution and communicates the intentions of the framers and the purpose of the document.”

In passing the resolution, the legislature found that “promoting public understanding of the roots of our freedom are an important component in the civic education of the citizens of the United States, the State of New York and the County of Schuyler.”

Legislator Jim Howell (R-District IV) moved the motion to floor. It was second by Legislator Mark Rondinaro (R-District VII) and supported unanimously by the members present.

The American Bar Association selects an annual theme for each Law Day. 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.

A copy of Schuyler County’s resolution “Recognizing and Commemorating May 1, 2022 as ‘Law Day’ in Schuyler County” is available here.

Schuyler County announces 2022 Life Planning Seminar

Schuyler County officials are sponsoring the 2022 Life Planning Seminar.

The seminar addresses advance care decisions for your quality of life. Topics include:

• Power of Attorney,
• Last Will and Testament,
• Health Care Proxy,
• Living Will,
• Rethinking our approach to dying,

The event will be held May 19, 2022 from 1:00- 5:00 pm at the Montour Falls Moose Lodge, 2096 County Rd 14, and is being conducted by the County Office for the Aging.

The event is free, but seating is limited. Reservations are required. To make reservations, call the Office for the Aging at 607-535-7108 prior to Friday, May 13, 2022.

New York State Court system’s annual report released

The New York State Unified Court system has issued its annual report for the previous year.

Among the issues addressed in the report for 2021 are:

• Equal Justice in the Courts
• Gun Crimes
• Justice for Children
• Problem-Solving Courts and Initiatives
• Expanded e-filing

The New York State Unified Court System is administered by the Office of Court Administration (OCA) under the authority of the Chief Judge and Chief Administrative Judge. >OCA provides financial management, automation, public safety, personnel management and other essential services to support day-to-day court operations throughout the state, including Schuyler County.

A complete copy of the report is available here.

Second Amendment Legal Update: April, 2022

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 PDF copy of this month's update, click here.

Kyra’s Law: reforms proposed to address domestic violence, protect children

A proposed law to reform New York State’s divorce and Family Courts to protect children and families at risk of domestic violence, is moving closer to passage.

"Kyra’s Law," currently in committee, would amend Domestic Relations Law 240, adding a number of requirements and presumptions in any custody and visitation proceeding involving allegations of child abuse or domestic violence by a parent, regardless of whether the allegations involve the subject child.

The provisions include:

• A requirement that the court must first consider allegations of child abuse or domestic violence before considering any other best interest factors and hold a hearing on the allegations within 60 days of the filing of a petition.
• If the court finds a pattern of domestic violence or child abuse, then the court must award sole custody to the “non-offending parent” and must suspend visitation, or only award professionally supervised visitation, without court discretion.
• In any custody and visitation proceeding where such pattern is found, concerns regarding parental alienation are not admissible and may not be considered in a best interests determination.

The proposed law would also mandate domestic and child abuse training for state judges and other court officials.

For the complete text of the proposed law, click here.

2022 National Domestic Violence Prosecution Conference Announced

The Association of Prosecuting Attorneys and the Domestic Violence (DV) Prosecution Committee will host the Fourth National Domestic Violence Prosecution Conference on May 23-25, 2022 in Villanova, Pennsylvania:

The conference is meant to bring together practitioners to provide a forum for deeper learning of enhanced strategies for the

investigation and prosecution of DV-related crimes. Consisting of various presentations, group discussions, and resource-sharing opportunities, the convening will provide attendees with a chance to strengthen their understanding of the intricacies and data-driven approach to DV investigation and prosecution over the course of two and a half days. Topics will include the connection between DV and violent crime, how to handle victim recantation, and special considerations for virtual hearings.

This conference is intended for prosecutors and victim advocates involved in the prosecution of DV-related crimes.

Learn more and register here.

New York State Judicial Conduct Commission Releases Annual Report of Activity

In the 2022 Annual Report of its activities for 2021, released March 3, the New York State Commission on Judicial Conduct reported the following:

• 1,938 new complaints were received and processed.
• 375 preliminary inquiries were conducted.
• 302 full-fledged investigations were undertaken: 125 new ones and 177 carried forward from 2020.
• 13 judges resigned and publicly agreed never to return to judicial office.
• 10 other judges resigned while complaints were pending, where it had not been determined permanent departure from office was warranted or appropriate.
• 4 judges were publicly censured or admonished.
• 20 judges were issued confidential cautionary letters.
• 191 matters were pending at year’s end.

The New York State Commission on Judicial Conduct is the independent state agency that reviews complaints of ethical misconduct against the 3,500 judges and justices of the State Unified Court System and, where appropriate, renders public disciplinary Determinations.

The 2022 annual report is available here.

Second Amendment Legal Update: March, 2022

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 PDF copy of this month's update, click here.

Senate proposal would change OTB representation

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The state has proposed legislation that will change how Off-Track Betting (OTB) is overseen and operated. Under the proposed bill introduced by state Sen. Tim Kennedy, instead of each member county having its own representative, membership would be distributed by population.

"And Schuyler County would be forced to share a single representative with Cayuga, Chautauqua, Genesee, Livingston and Seneca Counties," said County Attorney Steven Getman. "Larger, western counties, such as Monroe and Erie, would gain representation on the board."

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Western Regional Off-Track Betting is a public benefit corporation that is owned by 15 counties and the cities of Buffalo and Rochester. Currently, there are county and city representatives that comprise the board of directors. The proposed bill would drastically change that structure with one member representing Chautauqua, Cayuga, Genesee, Livingston, Schuyler and Seneca counties, one member representing Oswego, Cattaraugus and Wayne counties, three representing Monroe, Wyoming and Orleans counties and four would represent Erie County. Additionally, one representative would represent Niagara County, another one would be appointed by the governor, one would be appointed by the Senate majority leader, and finally one would be appointed by the Assembly speaker.

While the new legislation is noted to help address prior problems, officials question if shifting the power to fewer areas of the state will actually accomplish those goals.

"Schuyler County, through its representation on the OTB board of directors, has been very vocal in trying to unravel these alleged deficiencies in the current OTB operations and this legislation would, paradoxically, weaken its voice in OTB governance," said Getman. "Had this legislation been in effect during the past several years, Schuyler County's ability to challenge these alleged deficiencies would likely have been seriously curtailed."

Remote Meetings Authorization Extended by NY Governor

On February 14, Governor Kathy Hochul issued Executive Order 11.3, which extends the State disaster emergency (and, therefore, the remote meeting authorization for public bodies) through March 16, 2022.

For more information on conducting public meetings during this period, click here.