August 2019 Archives

NY Crime Victims Legal Help

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Empire Justice Center is excited to partner with Pro Bono Net, NYS Office of Victim Services and the Center for Human Services at the University at Albany to announce that a website connecting crime victims with civil legal services is now available statewide outside of New York City. The website New York Crime Victims Legal Helpwas piloted in several counties in the Spring and is now expanding to serve crime victims statewide.

"New York Crime Victims Legal Help was designed to be a single point of entry for crime victims to access civil legal information, resources and assistance. We have made it a priority to provide legal content written in plain language, with an eye on being victim-centered and empowering - giving people useful information and options that can help them. We're excited to help bring these tools to people all across upstate New York and Long Island.""
-Remla Parthasarathy, Crime Victims Legal Help Project Leader at the Empire Justice Center 

Link to full press release from Governor Cuomo

Crime Victims Legal Help Flyer

Crime Victims Legal Help Infographic



The Marshall Project:

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When your doorbell is Big Brother. The smart-doorbell company Ring, owned by Amazon, has partnered with more than 400 police departments nationwide -- far more than previously known -- to provide video from individual citizens' private web-enabled doorbells to aid police in their investigations. Police and company executives say their collaboration makes neighborhoods safer. But critics say it's an undemocratic surveillance dragnet being marketed as just another app. WASHINGTON POST

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An email sent from the Justice Department to all immigration court employees this week included a link to an article posted on a white nationalist website that "directly attacks sitting immigration judges with racial and ethnically tinged slurs," according to a letter sent by an immigration judges union and obtained by BuzzFeed News.

According to the National Association of Immigration Judges, the Justice Department's Executive Office for Immigration Review (EOIR) sent court employees a link to a blog post from VDare, a white nationalist website, in its morning news briefing earlier this week that included anti-Semitic attacks on judges.

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Read more...
By Dan M. Clark 

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The law in New York will allow law enforcement, a state prosecutor, a family or household member, or certain school employees to file an application in the state Supreme Court of each county to request that an individual be temporarily suspended from owning or buying a gun. 

That's called an Extreme Risk Protection Order, which can remain in effect for up to a year, according to the law. The order can be renewed at the end of that term, but the length of an initial order is capped at a year.

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Steps to Prepare and File an Extreme Risk Protection Order Application

An Extreme Risk Protection Order (ERPO) is a court order issued when a person may be dangerous to themselves or others.  An ERPO prohibits a person from purchasing or possessing guns and requires the person to surrender any guns they already own or possess.  An ERPO can also direct the police to search a person, premises or a vehicle for guns and remove them.  An ERPO case may be started by a district attorney, a police officer, a school official, or a member of the person's family or household.  It is a civil case.  ERPO cases have no criminal charges or penalties.

The petitioner is the person filing the ERPO application with the court.  The respondent is the person you are asking the Court to issue an ERPO against.  The petitioner can be a district attorney, a police officer, a school official, or a member of the respondent's family or household.  No matter who starts the case, you must follow these steps:

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NY becomes 17th state with mental-health gun control--NY Post

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* New York's red flag law goes into effect Saturday, making it the 17th state to pass the gun control measure that prevents people who show signs of being at risk to themselves or others from purchasing or owning a firearm, rifle or shotgun, the New York Post reports.

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Lawyer Well-Being-- Palliative Care, Hospice and Relevant Laws.

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Stephen Gallagher

Stephen Gallagher

Starting on October 8, 2019, the Senior Lawyer Section will hold our first webinar conversation for Lawyer Well-Being. This first, webinar will be on Palliative Care, Hospice and Relevant Laws. The 30-min conversation will be hosted by, David P. Miranda, former NYSBA President and our first guest will be David C Leven, JD, Executive Director Emeritus and Senior Consultant, End of Life Choices New York.

To give you an idea of how our webinars will work, you can listen to a podcast with Ida Abbott, a lawyer and consultant for more than four decades. Ida was recently featured in a podcast for The Legalpreneurs Sandbox Podcast Series sponsored by the Centre for Legal Innovation (Australia, New Zealand and Asia-Pacific) at The College of Law in Australia. The conversation, which was hosted by the Centre's Executive Director Terri Mottershead, examines the impact of the exodus of Baby Boomer lawyers from legal practice and the role that mentoring should/can/will play in the consequent "changing of the guard." 

A breakdown of the topics they cover can be found on the Centre for Legal Innovation website, and you can listen to the podcast there or here.

We think you will find this discussion quite valuable.
SPG



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Stephen Gallagher
LeadershipCoach
Narberth PA
(610) 660-0218
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Palliative Care, Hospice and Relevant Laws--NYSBA

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Tiffany Bardwell

Tiffany Bardwell

Palliative Care, Hospice and Relevant Laws
Presented by: David C Leven, JD, Executive Director Emeritus and Senior Consultant, End of Life Choices New York
 

October 8, 2019
12:00 P.M. - 12:30 P.M.
Free Webinars Presented on the Second Tuesday of Each Month

Surveys show that about 70% of the public does not know what palliative care is but, when informed about it, 92% said they would be likely to consider it for a loved one who has a serious illness. Mr. Leven will not only define palliative care but also provide important information on issues such as when it should be provided, barriers to its provision, how it differs from hospice, and elements of the Palliative Care Access Act and the Palliative Care Information Act.

Register Here


 

Upcoming Webinar Series Topics:

November 12: A Future by Chance or a Future by Design
Presented by: Larry Ganim | Founder and President of Ganim Financial and GFS Wealth Management Advisors, Inc.
 
Register Here

December 10: The Little Known Living Benefits of a Life Insurance Policy
Presented by: Henry Montag, CFP, CLTC | Managing Director of The TOLI Center East
Register Here

 

Tiffany Bardwell  Section Events and Membership Development Associate

New York State Bar Association

One Elk Street, Albany, NY 12207

direct/fax: 518.487.5675 |  main: 518.463.3200 | email:  tbardwell@nysba.org | www.nysba.org


The US won't vaccinate migrant children against flu at border camps

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Documented:

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Federal Government Refuses to Vaccinate Detained Families


The U.S. won't vaccinate migrant families ahead of the flu season despite doctors calling on the federal government to do so after the flu killed three children at detention facilities in the past year. "In general, due to the short-term nature of CBP holding and the complexities of operating vaccination programs, neither CBP nor its medical contractors administer vaccinations to those in our custody," a Customs and Border Protection spokeswoman said in an emailed statement. The U.S. death rate for children with the flu is about 1 in 600,000. Yet so far, three children have died out of the around 200,000 people held at detention facilities along the border. CNBC  
 

For 4 Legislators, the Child Victims Act Is Personal - The New York Times

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The Marshall Project:

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For at least four state legislators in New York, the debate and passage of a new law designed to make it easier for child sex abuse victims to seek justice against their attackers was a very personal matter. THE NEW YORK TIMES

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The Marshall Project: 

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State Farm isn't such a good neighbor after all, it seems. In an investigation by Buzzfeed News, Kendall Taggart found that the company, along with a handful of other insurance groups, helps pay salaries of police and private investigators, many of whom used poor evidence to help prosecutors charge innocent policyholders for fraud. Insurance companies pass off evidence to police and county district attorneys when they suspect fraud, but the evidence is flimsy at best, and many of the charges are dropped or the plaintiffs are found not guilty. But Buzzfeed News found multiple cases where an insurance company's bad science led to guilty convictions that were later overturned. --Joseph Darius Jaafari

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By Dan M. Clark 

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A federal judge in Albany said the constitutional rights of teen defendants in Onondaga County were violated when members of law enforcement did not allow them to consult privately with their attorneys before appearing in court.

U.S. District Judge Lawrence Kahn in the Northern District of New York sharply criticized county officials, who created a policy last year instructing law enforcement to attend those meetings.

"Given how clearly the Sheriff's policy violates the Constitution, it is unfortunate that this case had to proceed while young people faced arraignments, bail arguments, and motion hearings without the full assistance of counsel to which they are entitled," Kahn wrote.


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Bosses Not Charged in Mississippi Raids


One of the largest worksite ICE operations in a decade resulted in the arrest of 680 undocumented immigrants working at seven different meat packing plants on Wednesday. However, it remains unclear if their employers will face any retribution. All 680 worked for five different employers who have yet to be charged or arrested. Syracuse University's Transactional Records Access Clearinghouse found that employers are rarely prosecuted for hiring immigrants without proper documentation. Employers in Mississippi may face a fine, but it is unlikely they will go to jail. Officials said 271 of the employees arrested were released with an order to appear before an immigration judge. BuzzFeed News


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Five Fordham University students, represented by the Center for Constitutional Rights, have won a landmark legal victory against Fordham University, which sought to prohibit them from forming a Students for Justice in Palestine (SJP) club at their university. Awad, et al. v. Fordham University is the first lawsuit in the country challenging institutional censorship of students advocating for justice in Palestine, and this win marks the first major legal victory for free speech for advocates of Palestine on college campuses.


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Read full text of decision...






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Trump hasn't (yet) managed to change the legal or moral boundaries of acceptable behavior. He just makes illegal and immoral behaviors feel normal. That's not a criminal defense. That's a social cancer.


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Immigration and Customs Enforcement agents tried to enter a Brooklyn homeless shelter Tuesday night but were turned away after failing to produce a warrant, said Christine Quinn, the shelter network's director.

The agents came to the East New York WIN shelter around 10 p.m. and showed guards a photo of someone they were seeking to detain, she said.


The ICE agents said they had a warrant. When asked to display it, they balked, and WIN guards denied them entry.

"They showed nothing except for a picture of an individual," Quinn said. "The guards kept saying, 'Show us a warrant signed by a judge.' They wouldn't show a warrant."


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NYSBA | Ethics Opinion 1142

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Where a lawyer keeps client files received in electronic form in that form and a former client requests a copy of the file in paper form, the lawyer must take reasonable measures to deliver the electronic documents in a form in which the client can access them.  The lawyer may charge the client the reasonable fees and expenses incurred in printing out and delivering a paper copy.

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Flood Of Child Sex Abuse Lawsuits Expected To Hit NY Next Week - Gothamist

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Next Wednesday, adult survivors of child sex abuse in New York will begin filing a flood of civil lawsuits against institutions and individuals, after decades of having their cases barred from court because the allegations were too old. 

Hundreds of plaintiffs are expected to sue organizations large and small, including Catholic dioceses and parishes, the Boy Scouts of America, hospitals and educational institutions. The one year window was enacted under the Child Victims Act that lawmakers passed in January, and intended as a partial remedy to the state's previous statute of limitations, which required victims to bring civil cases before their 21st birthday and criminal lawsuits before they turned 23. Under the new law, survivors have five more years to file criminal cases and until their 55th birthday to bring civil lawsuits.

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The U.S. Court of Appeals for the 8th Circuit issued a somewhat surprising ruling last week, when a three-judge panel voted 2 to 1 to affirm a lower court's decision to deny qualified immunity to a SWAT team who deployed a flash-bang grenade while serving a search warrant.

In this case, police in Kansas City, Mo., were investigating a murder. But they had already arrested a suspect. The search warrant was for what police believed was the suspect's home. It turns out that the suspect hadn't lived in the home for several years, and the police did little to verify who was currently living in the house. The residents -- a 24-year-old woman, two elderly women and a 2-year-old -- were then subjected to a violent, forced-entry SWAT raid.

The police did not have a no-knock warrant, so under the law, they were supposed to knock, announce themselves and give sufficient time for a resident to answer and let them in. In this case, after knocking, one resident of the house came to the locked screen door and showed them her keys, indicating her intent to open the door and let them in. The SWAT team forced entry anyway, then deployed the flash-bang grenade, which lit a set of drapes on fire.





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In the aftermath of the massacre at Marjory Stoneman Douglas High School in Parkland, Fla., President Trump embraced a proposal to arm teachers as a way to prevent further mass shootings in schools.

His support for the idea, which had been proposed by the National Rifle Association, invigorated a nationwide debate over whether the people educating children should also bear the responsibility of wielding firearms to protect them.

In New York, the answer from state lawmakers was a firm no.

Gov. Andrew M. Cuomo on Wednesday signed a bill that prevents local school districts from allowing teachers and administrators to carry guns on school grounds.


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