May 13, 2013

CAPS is Seeking Nominations for Public Service Citation


The CAPS Committee is seeking nominations for its annual Citation for Special Achievement in Public Service. This citation is presented to public service attorneys or a public service law office in recognition of a unique or special achievement, which may include leadership of a particular project or initiative, or making a key contribution in connection with a project or initiative. The 2013 Citation will be presented in September. Presentation of the citation will also be announced in the New York State Bar News, on the CAPS website, and in the NYSBA's Government, Law & Policy Journal.

Nominations for the 2013 Citation for Special Achievement in Public Service must be submitted by Friday, June 21, 2013. To submit a nomination, please complete the nomination form and email or mail it to:

Megan O'Toole
Manager, Membership Services
New York State Bar Association
One Elk Street
Albany, NY 12207
e-mail: caps@nysba.org
For more information: 518-487-5743

May 3, 2013

Announcement of Event for Public Service Attorneys on May 16th


On May 16th at 5:30pm, NYSBA CAPS is co-sponsoring, with the Albany County Bar Association Attorneys in the Public Service Committee, an informal social at Provence at Stuyvesant Plaza in Albany.

The fee is $15 per person - enjoy hors d'oeuvres and opening remarks by Presiding Justice Karen K. Peters.

It promises to be a great event. Come celebrate the warmer weather, catch up with old colleagues and meet new ones.

REGISTER and RSVP AT: http://www.albanycountybar.com/calendar/event_detail.cfm?ID=234

May 2, 2013

Mandatory Pro Bono Disclosure - Will Your Public Service Count?


The New York Law Journal has reported that Chief Judge Jonathan Lippman announced that as of May 1, 2013 - this year's Law Day - all attorneys registering in New York State are now required to disclose how many pro bono hours they worked during the prior reporting year, or how much money they donated to pro bono programs. There's a detailed FAQ on the court system's website with additional information and various links concerning the requirement. As for the type of work encompassed by the term "pro bono" the official announcement stated:

Pro bono services covered by section 118.1(e)(14) are those personally provided without expectation of receiving a fee; services billed to a client but left unpaid are not included and should not be reported. Attorneys "retired" from the practice of law as defined in section 118.1(g), or employed by an organization primarily or substantially engaged in the provision of pro bono legal services, may choose not to report pro bono service or financial contributions.
Email us at caps@nysba.org and let us know what you think about this new requirement, and whether you think it is, or should be, separate and apart from public service lawyers' daily work. We will only publish responses that give us permission to do so.

April 30, 2013

Treating Out-of-State FOIA Requesters Differently


The ABA Journal Online has an interesting summary of the recent Supreme Court decision, McBurney v. Young, which permits Virginia to treat out-of-state residents seeking records via its Freedom of Information law differently than in-staters. The Supreme Court's decision concludes with this holding: "Because Virginia's citizens-only FOIA provision neither abridges any of petitioners' fundamental privileges and immunities nor impermissibly regulates commerce, petitioners' constitutional claims fail."
For the article, click here. For the full decision, click here.

April 11, 2013

Gaining Wisdom From the Past

"Some of the best lessons we ever learn, we learn from our mistakes and failures. The error of the past is the success and wisdom of the future."
(Tyron Edwards 1809)


The NYMUNIBLOG has a nice summary of a recent conference held about lessons learned after Superstorm Sandy. There's an interesting cautionary conclusion about not "fighting the last war," and not just preparing for risks previously experienced, because future storms may not look anything like Sandy. Perhaps not so coincidentally, there's a recent prediction for an above-average hurricane season on the Atlantic coast.

March 28, 2013

Jump Starting a Public Service Career


A recent entry on the always informative New York Public Personnel Law Blog highlights New York's Empire State Fellows Program. According to the website about this program, it's "designed to attract talented professionals with demonstrated leadership potential who want to refocus their careers on public service." There's a full FAQ on the state website, which explains that the fellowship is intended to "jump-start the policy-making careers of individuals who have demonstrated substantial accomplishments early in their professional careers." The deadline to apply for this year is 11:59 p.m. on April 12, 2013 so if you're interested -- or know someone who is -- check this out quickly!

March 18, 2013

Gideon's Legacy

As most public interest lawyers have heard by now, this week marks the 50th anniversary of Gideon v. Wainwright, the Supreme Court's landmark decision guaranteeing counsel in felony cases. But has that holding lived up to its promise? The web is filled with thoughtful stories about the state of that constitutional right today, including this one from NBC's blog called "A 'nobody's' legacy: How a semi-literate ex-con changed the legal system" and this interesting piece from the Huffington Post called "Gideon v. Wainwright Anniversary Highlights Lingering Problems." The latter story quotes Senator Patrick Leahy from Vermont as saying that a half-century later, there are parts of the country where "it is better to be rich and guilty than poor and innocent." Senator Leahy said court-appointed lawyers often are underpaid and can be "inexperienced, inept, uninterested or worse." Cynical or true, what do you think?

Bonus Link - Click here if you're interested in hearing a recording of the oral argument before the Supreme Court.

March 12, 2013

Loan Forgiveness Awards


Catherine Christian, esteemed Chair of CAPS, has brought to our attention the following announcement:

District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program

District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program (DALF) awards are being offered to retain experienced attorneys employed as District Attorneys, Assistant District Attorneys or Indigent Legal Services Attorneys throughout New York State.

Eligibility

An applicant must:

§ be a legal resident of New York State for at least one year,

§ be a U.S. citizen or an eligible non-citizen,

§ be an eligible attorney (1)

§ have eligible student loan expenses (2)

§ not be in default on a federally guaranteed student loan or a NYS student loan

§ not owe a service obligation under any other program other than the federal John R. Justice (JRJ) Student Loan Repayment Program

Definitions

(1) Eligible Attorney means an attorney who:

§ is continually licensed to practice law; and

§ is a full-time employee working a minimum of 35 hrs per week and has been employed full-time during the year of qualified service immediately preceding the date of application;

§ is employed as a District Attorney, Assistant District Attorney, or Indigent Legal Services Attorney in New York State for at least four (4) years and is within the Eligible Period ;

How to Apply

Complete and submit the District Attorney-Indigent Attorney Loan Forgiveness Payment Application

Be sure to print the Web supplement confirmation, sign the supplement and submit it along with the required documentation according to the instructions. The deadline for new applicants to file for the District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program is May 15, 2013.

https://web1.hesc.org/questionnaire/page.hesc?questionnaireId=82&versionNumber=5

February 26, 2013

Standup Judge May Have to Sit Down

New Jersey may be the first state to prohibit a judge from publicly performing as a stand-up comedian - on or off the bench. The ABA Journal reports that a New Jersey court is considering whether a part-time judge in that state may spend his out-of-court time doing stand up comedy work. Does it really make sense to prohibit a judge from displaying a good sense of humor - at least off the bench?

January 31, 2013

A Tip of the CAP to our Honorees

We'll have more on the annual meeting events in a forthcoming post, but for now, be sure to check out the great press release put out by NYSBA about our 2013 Public Service Awardees.