September 2012 Archives

IN THE MATTER OF KINDLON--Decided September 27, 2012.

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Respondent's misconduct arose out of his representation of a criminal defendant. During a recess in the trial and while the prosecutor was outside the courtroom, respondent viewed, handled and photographed a document that was on the prosecution's table. Respondent did not seek, nor was he ever granted, permission by the prosecutor to examine, handle or photograph the document.

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Superior Replacements to the Boring Stock iPhone Apps-Lifehacker

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With every iteration of iOS, Apple tweaks their software a little, but for the most part, the default lineup of apps remains unchanged since launch. For a lot of us, these apps just aren't cutting it anymore. Here are the best apps to replace them.

The design and function of many of Apple's apps is beginning to feel a bit stale, and many people are growing dissatisified with the experience as a whole. On top of that, many of the apps lock you into Apple's data ecosystem and iCloud. However, plenty of superior replacements exist for Apple's stock apps. From Maps to Notes, we've got you covered regardless of where you're looking for better options.

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| No Comments makes federal United States legislative information freely available to the public. Launched Sept. 19, 2012, this version of the site is an initial beta release of, created as a successor to, the current public site for legislative information. The beta site contains legislation from the 107th Congress (2001) to the present, member of Congress profiles from the 93rd Congress (1973) to the present, and selected member profiles from the 80th through the 92nd Congresses (1947 to 1972). Over the next two years, will be adding information and features, eventually incorporating all of the information currently available on

(To compare the scope of legislative information available on and the scope of legislative information on the beta site, see Coverage Dates for Legislative Information.)

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Ethics Advisory Panel Finds Judges Can Use Special License Plates-NYLJ

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Read entire NYLJ article by John Caher

A judicial ethics panel has concluded that there is nothing illegal or unethical about judges displaying license plates identifying their office, but whether use of the plates are appropriate or advisable is a matter still under study by the Commission on Judicial Conduct.

The Advisory Committee on Judicial Ethics last week issued Opinion 12-141 in response to an inquiry on whether it is ethically acceptable for a judge to have a specialty license plate that identifies his or her occupation. It noted that in a prior opinion (see 07-213) the committee advised that judges can display a license plate that identifies him or her as a member of a judge's association.

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R.E., M.E., et al v. NYC Dep't of Education

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" In resolving a central question presented by these appeals, we hold that courts must 
evaluate the adequacy of an IEP prospectively as of the time of the parents' placement 
decision and may not consider  "retrospective" testimony regarding services not listed in 
the IEP.  However, we reject a rigid "four-corners rule" that would prevent a court from 
considering evidence explicating the written terms of the IEP.

R.E., M.E., et al v. NYC Dep't of Education
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Florida judge disqualified in a case over Facebook friendship with prosecutor

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Lippman Unveils Rule Detailing Bar Admission Pro Bono Mandate- NYLJ

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Read entire NYLJ report by Joel Stashenko & Christine Simmons

Details of the new 50-hour pro bono requirement for applicants to the New York bar were unveiled yesterday by Chief Judge Jonathan Lippman.

Specifics of the program announced in May were eagerly awaited by law schools, public interest groups, bar associations and other members of the bar. They were announced by Lippman at a press conference at New York University School of Law.

The first-in-the-nation requirement will take effect immediately for first- and second-year law students, who will have up to 34 months to fulfill the mandate. Current third-years are exempt.

Read the new rule on pro bono practice.

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Logitech BCC950 ConferenceCam Review-Sam Glover

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The Logitech ConferenceCam is a unique HD webcam for video conferencing. Its "eyestalk" raises the camera high enough to avoid unnecessary double chins, and it comes with a remote control that you can use to tilt, pan, zoom, and adjust the volume from across the conference room.

Read Sam's complete likes and dislikes at

Price:  About $200.00 US.

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60 Apps in 60 Minutes for Judges - iPhone J.D.

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Last week, Jeff RichardsonI teamed up with Judge Dan Hinde from Harris County, TX (269th Civil Court) to give a presentation at the Texas Center for the Judiciary's Annual Conference.  They did a "60 Apps in 60 Minutes" session recommending apps that might be of interest to Texas judges, but most of the apps that they discussed would be of interest to others as well so Richardson thought it might be useful to share the list on his blog,  iPhone J.D.  Here is a link to the apps that they recommended

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State Judges Lose Bid For Retroactive Pay-NYLJ

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"The Court of Appeals has spoken." Braun wrote in Larabee v. Governor of the State of New York, 112301/07. "If it wants to speak differently, upon another appeal, the Court will do so. However, this court cannot speak differently than the Court of Appeals."


Braun observed that Justice Edward Lehner had initially ruled in the plaintiffs' favor inLarabee v. Governor of State of New York, 20 Misc 3d 866 (2008), and ordered that judges receive retroactive pay. But Braun said that the Court of Appeals' ruling onLarabee and two other cases had superseded that holding (NYLJ, Feb. 24, 2010).

He quoted the Court of Appeals as saying that "whether judicial compensation should be adjusted, and by how much, is within the province of the Legislature."

Braun was assigned to the case after Lehner retired.

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In Prosecutors, Debt Collectors Find a Partner -

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Madison Teachers v Walker

Max Slater 

Photo source or description
[JURIST] A Wisconsin judge on Friday struck down [opinion, PDF] a controversial law[text, PDF] that limits the collective bargaining rights of public sector unions. Juan Colas, a judge for the Dane County Circuit Court [official website], held [AP report] that the collective bargaining law, known as the Budget Repair Bill, violated union workers' rights to freedom of speech, freedom of association and equal protection under the US and Wisconsin constitutions. The Budget Repair Bill forces most state workers to pay more in health insurance and other benefits and compels unions to be recertified each year [Reuters report]...

 In July the Wisconsin Supreme Court [official website] refused to reopen a case challenging the Budget Repair Bill because of a justice's refusal to recuse himself [JURIST report]. The Supreme Court's upholding of the Budget Repair Bill overruled a Dane County Circuit Court's decision [opinion, PDF; JURIST report] last year that struck down the law for violations of the open meetings rule. The law had previously been temporarily blocked [JURIST report] from publication and implementation by the same judge. The bill, which limits collective bargaining rights of state employees and requires them to contribute a percentage of their salaries to their health care and pensions, was signed into law [JURIST report] in March of last year.

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Please join the Federal Judiciary and the Northern District of New York Federal Court Bar Association for a reception honoring Judge McCurn on the occasion of his retirement. Judge McCurn has served as U.S. District Judge for the Northern District of New York since 1979 and was our Chief Judge from 1988 until 1993, when he assumed senior status. Come and share in the celebration of his many years of judicial service and accomplishments on the bench. All are welcome and encouraged to attend.



When:Thursday, September 27, 2012, 5:30 - 7:30 p.m.

Where:Bellevue Country Club 1901 Glenwood Avenue 
Syracuse, New York

Refreshments:Complimentary Hors D'oeuvres 
Cash Bar Available


All are invited and encouraged to attend and greet our honored guest.


A brief program will begin promptly at 6:15 p.m.

Please R.S.V.P.   by September 21, 2012.  If you have any questions please contact Melissa Withers at (315) 422-2799.  


We look forward to seeing you there.  




Melissa M. Withers

NDNY Federal Court Bar Association, Inc.

P. O. Box 7067

Syracuse, NY  13261-7067

(315) 422-2799 

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Five Free Ways to Boost Your Wi-Fi Signal

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Your home wi-fi network can be a fickle mistress, with connectivity coming and going seemingly on a whim. But there's no need to shell out hard-earned cash for a brand new router just because you can't get online. (Besides, how would you order one?) Instead, try these five free steps to whip your wireless network into shape.

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By Rick Borstein

Acrobat Pro includes tools that allow you to compare two PDFs to quickly spot the differences.

In Acrobat X Pro, the Document Comparison feature is available by choosing View>Compare Documents.

For a brief demonstration of this feature, click here.

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Attorney Email Scams

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A helpful blog devoted to sharing and identifying e-mail phishing scams directed at lawyers.  Don't be embarrassed or lose money.  Check the site and contribute variations you may have received.

Email scams written just for Lawyers. May the power of Google save you all.

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File Sync is Not Backup-Lawyerist

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Sam Glover says:  "If you are relying on a file sync service like Dropbox or SugarSync as your cloud backup, cut it out. It isn't backup, and you are putting your data at risk. File sync is not backup.

Fortunately, it only takes a few minutes to improve your backup strategy. Read this post, then take a few minutes to properly set up both cloud backup and local backup."

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Free Two-Part Webinar on Legal Services for Older Adults--NYSBA

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The State Office for the Aging, the State Office of Court Administration (OCA) and the New York State Bar Association (NYSBA) are joining in an historic partnership to examine how to provide affordable legal services to older adults with limited resources or limited ability to purchase legal services on their own, and individuals with disabilities and their caregivers. The partnership was facilitated by Attorney Robert Abrams, a long time practitioner and advocate in the field of elder law.

This collaborative effort will identify the legal needs and barriers to justice faced by older adults and individuals of all ages with disabilities. The State Office for the Aging, OCA and NYSBA will develop a strategic plan to more effectively use existing resources, including attorney pro bono programs, to target areas of greatest need.

As part of this effort, the State Office for Aging, OCA and NYSBA will host a two-part webinar discussing legal services initiatives and valuable information that will help attorneys provide services to older clients and individuals with special needs.  The webinar will take place on Thursday, September 13 at 1:00 p.m.and you can attend in person at the Convention Center Meeting Room 6 in Albany or participate online.

Part I: The Legal Services Initiative: To encourage and help New Yorkers and all Americans plan for and navigate the elder years.

Part II: The "Have a TEPSAT Thanksgiving" Campaign: Encouraging use of The Elder Preparedness Self-Assessment Tool (TEPSAT).

Experienced attorneys who successfully participate in the program will receive 2 credit hours of practice management and professional practice - and a certificate that they are facilitators of the "Have a TEPSAT Thanksgiving" Campaign.

Please see the invitation online for more information:

To Register: Call Sara Clark at (212) 279-9200                                                                          
Or register online:

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At its most basic, Network attached storage, or NAS, is a great way to share files on your local network. But it's also a perfect solution for backing up your computers, streaming media across your home network, or even torrenting files to a central server. If you have an aging computer lying around, you can turn it into a NAS for for free with the open-source FreeNAS operating system. Here's how.

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Defining the new office suite: 5 essential apps for work -- GIGAOM

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With each new era of computing, the mix of software titles that we find essential in our day-to-day jobs changes.  In the early days, the "big three" were WordPerfect, Lotus and dBase: a word processor, spreadsheet and database application.  As time evolved, things got a little more graphical and changed into Microsoft's Word, Excel and Power Point.  As we transition away from the paradigm of having a single personal computer at work and carry multiple mobile devices, where we can use technology may not matter as much as what we are using it for.


With the adoption of iPads, tablets and smartphones into our work flow instead of just sitting at a laptop computer, what apps are will become essential? The following  five categories of apps are positioned well for becoming a fundamental part of our day-to-day work environment in this mobile and cloud-based era:

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This page is an archive of entries from September 2012 listed from newest to oldest.

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