May 4, 2016

Law Day 2016 Highlights Miranda Rights | United States Courts

Law Day 2016 celebrates the 50th anniversary of the landmark Miranda v. Arizona decision, focusing on its critical importance to the rights of individuals in custody, and how the ruling is applied to juveniles.

Learn more.


May 2, 2016

Election Workers: Reporting and Withholding--IRS

Each election year, thousands of state and local government entities hire workers to conduct primary and general elections. To understand the correct tax treatment of these workers, you need to be aware of specific statutes that apply to them and whether they are covered by a Section 218 Agreement. 

This updated article from the Federal, State and Local Government office of the IRS will help you understand the reporting and withholding requirements for election workers.


April 29, 2016

Free Conference Calls | Try UberConference, the Best in Conferencing



UBERCONFERENCE
SCIENCE

When UberConference came out in 2012, PC World called it the "best conference-call manager yet." The service has only improved since then, making ease of use its calling card and adding significantly more services for the same low price (free). UberConference can be accessed from a personal computer or by using its Android and Apple compatible apps. Readers may sign up using Google, LinkedIn, or email accounts. From there, the one minute tutorial tells users everything they need to know about, inviting conference call participants, scheduling calls, and how to use the service during a call. 


Copyright © 2013 Internet Scout Research Group - http://scout.wisc.edu

April 26, 2016

Schoenefeld v. State of New York

Full Text of Decision.

The court upheld N.Y. Judiciary Law § 470, requiring nonresident attorneys to maintain offices in New York State. Noting that more than 20,000 NYSBA members reside or practice outside the state, President David P. Miranda formed a working group to review the decision.


NFL v. NFL Players Association, 15-2801 (L)



"Our role is not to determine for ourselves whether Brady participated in a scheme to deflate footballs or whether the suspension imposed by the Commissioner should have been for three games or five games or none at all," Parker said in NFL v. NFL Players Association, 15-2801 (L). "Nor is it our role to second-guess the arbitrator's procedural rulings. Our obligation is limited to determining whether the arbitration proceedings and award met the minimum legal standards established by the Labor Management Relations Act, 29 U.S.C. §141 et seq.

"Our review of the record yields the firm conclusion that the Commissioner properly exercised his broad discretion to resolve an intramural controversy between the League and a player," he continued.

In dissent, Judge Robert Katzmann said "the lack of any meaningful explanation in the commissioner's final written decision convinces me that the commissioner was doling out his own brand of industrial justice.

"It is ironic that a process designed to ensure fairness to all players has been used unfairly against one player," he added.



Read more: http://www.newyorklawjournal.com/id=1202755885437/Circuit-Reinstates-Bradys-Deflategate-Suspension#ixzz46xNhN8f8




April 24, 2016

ORT's TRID Closing Calendar

ORT's  TRID Closing Calendar tool allows you and your customers to easily plan your settlement/signing dates in order to meet the CFPB's TRID Rule timing requirements.

Select your closing method ... and then click on a closing/recording date to see the desired closing timeline.



April 22, 2016

Pace Criminal Justice Blog -- Recent #NYCA Decisions: Ineffective Assistance of Counsel

Pace Criminal Justice Blog has posted a new item, 'Recent #NYCA Decisions:
Ineffective Assistance of Counsel'

The New York Court of Appeals has been busy on the criminal procedure front.
Last month it decided several cases, including three that addressed the issue
of ineffective assistance of defense counsel. In one, the court held that
counsel had been ineffective in failing to move to suppress a gun. In the second
and third, the [...]

You may view the latest post at
http://pcjc.blogs.law.pace.edu/2016/04/21/recent-nyca-decisions-ineffective-assistance-of-counsel/

Public Comment Period for Pesticide SPDES General Permit Renewal- NYS DEC


The draft renewal of the SPDES General Permit for Point Source Discharges to Surface Waters of New York from Pesticide Applications (GP-0-16-005) and Fact Sheet are available for public review. The Pesticide SPDES General Permit will authorize point source discharges to, in or over surface waters of New York State from the application of New York State registered pesticides labeled for aquatic uses in accordance with Environmental Conservation Law and the Clean Water Act.

Written comments on the draft general permit will be accepted until close of business on May 20, 2016. View the April 20 Environmental Notice Bulletin for instructions on how to comment.


April 20, 2016

Federal appeals court sides with transgender teen, says bathroom case can go forward - The Washington Post


***
A federal appeals court in Richmond has ruled that a transgender high school student who was born as a female can sue his school board on discrimination grounds because it banned him from the boys' bathroom.


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In a 2-to-1 decision, the 4th Circuit ordered a lower court to rehear the student's claims that the Gloucester County, Va., school board's bathroom policies -- which restrict transgender students to using a separate unisex bathroom -- violate federal law. The judges also ruled that the lower court should reconsider a request that would have allowed Grimm to use the boys' bathroom at Gloucester High School while the case is pending.


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April 18, 2016

The National Center on Substance Abuse and Child Welfare (NCSACW



Free Online Training for Legal Professionals<http://www.ncsacw.samhsa.gov/tutorials/tutorialDesc.aspx?id=2>

The National Center on Substance Abuse and Child Welfare (NCSACW)<http://www.ncsacw.samhsa.gov/> just launched an enhanced and updated online tutorial for legal professionals! The purpose of this course is to improve legal professionals' understanding of best practices for serving families affected by substance use disorders. This tutorial provides legal professionals with knowledge of alcohol and drug addiction and its impact on parenting; engagement strategies for families affected by substance use disorders; the substance use disorder treatment and recovery process; serving children whose parents have substance use disorders; and cross-system communication and collaboration between substance abuse treatment, child welfare and court systems.

[cid:image003.jpg@01D1972C.A1CD8150]This course is designed to help legal professionals:

1.    Understand how substance use disorders are developed and how substance use affects parenting.

2.    Know key steps to take when substance use is identified as a factor in a child abuse or neglect case.

3.    Understand strategies that motivate families to engage in treatment for substance use disorders.

4.    Understand treatment approaches for substance use disorders.

5.    Learn ways to help parents secure appropriate treatment for the benefit of children and families.

6.    Recognize the importance of addressing co-occurring conditions.

7.    Consider the special needs of children whose parents are struggling with substance use disorders.

8.    Use strategies and resources to assist families in the child welfare system that are grappling with substance use disorders.

9.    Use strategies and resources that support collaboration with treatment counselors and child welfare professionals.



Continuing Legal Education credit may be available through your state Bar Association. Contact your state for details on submitting a certificate of completion of on-line courses for CLE credits. To take this free online course, please click here<https://ncsacw.samhsa.gov>.


April 15, 2016

Extension of Time to File - YouTube



  YouTube: Extension of Time to File

This new IRS YouTube video explains how to get more time to file your clients' tax returns.


Information Posted about DEC's New Approach for Clean Water Plans


DEC is implementing a new approach to addressing the water quality issues in identified lakes, rivers and streams on the Section 303(d) List of Impaired Waters. This new approach is described in a document just posted to DEC's website entitled, the Vision Approach to Implement Clean Water Act 303(d) Program and Clean Water Planning (PDF, 832 KB). This document describes New York's adaptive strategy to prioritize waterbodies for the development of clean water plans based on the state's identified priority concerns: nutrients, pathogens and public use. For more information about clean water plans, visit DEC's Clean Water Plans webpage.

Clearwaters Column on Wastewater Infrastructure Funding

A column about wastewater infrastructure funding written by DEC Deputy Commissioner for Water Resources James Tierney is now available on the Columns by DEC Staff Appearing in Clearwaters webpage. The column discusses several state and federal wastewater infrastructure funding opportunities. This column was originally published in this spring's issue of Clearwaters magazine.


IRS Webinar--TE/GE Worker Classification: Employee or Independent Contractor?

Watch this free webcast about TE/GE Worker Classification: Employee or Independent Contractor? 

When: May 12, 2016; 2 p.m. (Eastern) 

How: Register for this event. You will use the same link to attend the event. 

Learn about: 

  • Why this matters

  • How to recognize Control Factors

  • Benefits of Voluntary Compliance

  • How the Form SS-8 can help


Casetext's New Features Help You More Easily Get to the Essence of Case - Robert Ambrogi's LawSites

by 

***

Casetext is on a journey. And it just took another big step along the path.

The journey is to develop a free legal research platform that is as robust and useful as a paid site. The big step is a new case-reading page that adds features that make it easier to quickly understand what a case is about, whether the case is important, and why.

Casetext launched the new features on March 23. Now, when you read a case on Casetext, the page includes several elements that enable you to quickly get to the nub of the case and discover how other courts and commentators viewed the case. These elements are set forth more fully here.

***


April 8, 2016

Drug Disposal Information - National Take-Back Initiative

Drug Enforcement Administration to Collect Prescription Drugs

The federal Drug Enforcement Administration (DEA) will conduct a nationwide prescription drug collection on Saturday, April 30, 2016 from 10:00 AM - 2:00 PM. Properly disposing of drugs keeps them out of our lakes, streams and rivers. Collections will be held at many locations around New York and are the best way to dispose of unused and unwanted prescription drugs. Collection locations in New York can be found on DEA's National Take Back Initiative webpage.


Locate a Collection Site Near You

Law Enforcement Agencies Only

For law enforcement agencies that wish to host a collection site please call the POC in your area.

Partnership Toolbox

Download posters, handouts and other materials to promote National Prescription Drug Take-Back Day

Drug Disposal Information

News Releases



The best iOS apps for taking notes with Apple Pencil + iPad Pro | 9to5Mac

 

- 2 days ago 

 



***
I was skeptical of the Apple Pencil when it was first announced, as I assumed it would just be the same as the tacky styluses third-parties had been making for years, but after using it I've realized just how wrong I was. The thing that I noticed very early on in my time with the Apple Pencil though, was how crazy good the palm rejection is. Writing with an Apple Pencil on an iPad Pro is nearly as easy as writing on actual paper. As a student, this is a huge factor for me when it comes to note taking, so I decided to dive a little deeper into the apps on iOS that are made for taking notes and are optimized for iPad Pro. Here are some of the ones I would recommend...

***

Sui Generis--a New York law blog: Defining "Social Media" For Probationers

By Nicole Black

It seems lawyers can't escape social media, no matter how hard we try. As I've written about previously, social media is now being used as evidence in cases, lawyers are using it to research jurors, and people are being charged with crimes relating to their actions taken using social media. And once those individuals are convicted, many of them are placed on probation and their use of social media is often limited by the terms of their probation.

***

Of course, that gap in the Court's analysis is a perfect example of the difficulties courts encounter when attempting to specify, limit, and define ever-changing concepts such as "social media" and "sites." Because these concepts are constantly evolving, courts would be wise to draft broad, elastic definitions in their decisions that will withstand the test of time, lest their conclusions be rendered outdated as soon as the ink dries.

***


April 5, 2016

Criteria and Procedures for Determining Assigned Counsel Eligibility (with forms)--NYS OILS




---------- Forwarded message ----------
From: Leahy, Bill (ILS) <Bill.Leahy@ils.ny.gov>
Date: Mon, Apr 4, 2016 at 4:26 PM
Subject: Criteria and Procedures for Determining Assigned Counsel Eligibility

Dear Board Members, Chief Defenders, Parental Representation Providers, County and City Officials:

 I am pleased to share with you the Criteria and Procedures for Determining Assigned Counsel Eligibility. They are the product of public hearings and surveys we conducted, in which many of you participated. These Criteria and Procedures are an important step toward the goal of having a uniform and legally acceptable eligibility standard in New York for people who are entitled by law to the assistance of counsel but "who are financially unable to obtain counsel." County Law § 722. They are issued in accordance with Section VI of the Stipulation and Order of Settlement in Hurrell-Harring v. The State of New York and the authority granted to ILS under Executive Law § 832(3)(c). Their effective date is October 3, 2016. During this six-month period, judges and eligibility screeners will receive training in their implementation.

 I would like to emphasize a few points about these Criteria and Procedures:

 ·         Both the statute and the settlement order state that the Criteria and Procedures are intended "to guide courts...in determining whether a person is eligible for" publicly funded representation.

 ·         The Criteria and Procedures do not require any change in current practice whereby some judges determine eligibility directly, while others delegate eligibility recommendation responsibility to a screening entity.

 ·         The Criteria and Procedures respond to decades of criticism of New York's failure to have a consistent set of criteria and procedures for determining eligibility for assigned counsel.  In particular, they address the 2006 Kaye Commission critique that "guidelines for the appointment of counsel exist only in a few counties and that even in those counties, the guidelines were not uniformly applied."  Therefore, "a defendant may be deemed eligible for the appointment of counsel in one county and ineligible in a neighboring county or even in a different court within the same county."

 ·         The process that we used to develop these Criteria and Procedures is explained at pp. 6-10.  I emphasize here that an important resource discovered at one of our eight public hearings was the 1977 Memorandum by the then-Director of the Third Judicial Department, Richard J. Comiskey, prepared at the direction of then-Presiding Justice Koreman and entitled "Assignment of Attorneys to Represent Individuals who are Financially Unable to Obtain Counsel."  Our Criteria and Procedures build upon that early effort, which may be found at    https://www.ils.ny.gov/files/Hurrell-Harring/Eligibility/Written%20Submissions/6th%20JD/Murphy/1977%20Third%20Department%20Memo.pdf.

 ·         We have heard and we respect the concerns that the implementation of these Criteria and Procedures may, in some localities, increase the number of persons who are eligible for the appointment of counsel. The data collection procedures described at pp. 50-51 are designed to measure that potential fiscal impact. Even in advance of implementation, during this six-month period of preparation, we will attempt to estimate the potential fiscal impact in particular localities; and we will seek additional state funding to pay for any increase in local costs which is attributable to their implementation.

 ·         A comprehensive study that we undertook to inform our establishment of these Criteria and Procedures is available for review on our website, https://www.ils.ny.gov.   That report is entitledDetermining Eligibility for Assignment of Counsel in New York: A Study of Current Criteria and Procedures and Recommendations for Improvement (Final Report: February 12, 2016). The Criteria and Procedures themselves are also accessible on our website.

 ·         As explained at page six, second paragraph, these Criteria and Procedures apply to criminal court proceedings in the counties outside of New York City.  However, we hope that they will provide guidance also to judges making eligibility determinations in criminal cases in New York City, and to Family Court judges statewide.

 Thank you all for your efforts to improve the quality of legally mandated representation in New York.

 Bill 

 William J. Leahy

Director

NYS Office of Indigent Legal Services

80 S. Swan Street

11th Floor

Albany, NY  12210

518-486-5747 (office)

617-997-9091 (mobile)

bill.leahy@ils.ny.gov

http://www.ils.ny.gov


Editor's NOTE:  Forms are included in the appendices to the document.

April 3, 2016

EFiling - N.Y. State Courts

Chapter 237 of the Laws of 2015 authorizes the Chief Administrative Judge to implement new mandatory e-filing programs in most classes of cases in counties throughout New York State. Under the legislation, the Chief Administrative Judge may not implement new mandatory e-filing programs in any county without first consulting with and considering public comment solicited from the following organizations and persons: the County Clerk of such county, the organized bar, institutional and not-for-profit legal service providers, attorneys assigned pursuant to County Law Article 18-b, attorneys who regularly appear in proceedings that have been or may be affected by e-filing programs, and any other persons deemed appropriate.

This page has been established for the purpose of posting for public review all comments submitted in connection with the proposed implementation of new mandatory e-filing programs, and for posting of public comments submitted by persons affected by any existing e-filing programs or by recommendations for further legislation relating to e-filing. 


http://www.nycourts.gov/rules/efiling/


Please email comments to: efilingcomments@nycourts.gov



April 2, 2016

Apple's stock apps ... Here's what you should replace them with




By Christina Warren-Mashable.com

When you get a new iPhone, it comes with more than a dozen apps pre-installed for all of your basic needs. These default apps include Calendar, Mail, Messages and Music.

But are these really the best apps you can use for those purposes? In a lot of cases, absolutely not.

Although Apple won't let you change app defaults, there are alternatives for almost every app Apple pre-installs on iOS. We scoured through the App Store for the best alternatives for Apple's stock apps.

See for yourself.