NYSBA Annual Meeting

NYLJ.COM | MONDAY, JANUARY 27, 2014 | S1

NYSBA AnnualMeeting

|
January 27-31 Hilton New York

Pro-Bono Service by In-House Counsel The Court’s Road

Can Help Close the Justice Gap
To Recovery

break down the barriers that hin- der attorneys from contributing on behalf of the poor in New York. This past December, based on
their efforts to alleviate the crisis the Advisory Committee’s recom- A. Gail Prudenti
Jonathan Lippman
in civil legal aid.
One such untapped resource is mendation, I announced a rule change that will permit in-house
the population of in-house lawyers employed in New York who are counsel licensed to practice in another jurisdiction to perform Chief Administrative Judge
New York State
Chief Judge
licensed to practice in other states. pro bono services in New York to Uniied Court System
State of New York
While these out-of-state in-house attorneys often have decades of assist low-income individuals. This new rule amendment builds upon
T
he start of every new year is a
of iscal realities. Since that time, relevant experience and an array the court system’s existing initia- T
time for relection, resolutions and hopeful new beginnings. For the New York courts have risen to the challenge and done just he recently released 2013
Report by the Task Force to providers and increased funding in New York’s judiciary budget, a sub- of applicable legal skills, in the past they have been precluded tives to promote pro bono prac- tice among the bar, including the
the New York State Uniied Court System, it is a time to relect upon that. Working under zero-growth budgets, we have rethought Expand Civil Legal Services in New York provides encouraging results stantial justice gap persists. The great majority of low-income New from providing legal services out of the bounds of their corporate requirement that bar applicants complete 50 hours of pro bono
all we have accomplished in 2013, every aspect of our operations and yet sobering news on the con- Yorkers still do not have access to or in-house employment. To inves- service, the Attorney Emeritus
while resolving to confront the challenges of the year ahead and and explored all possible ways to increase eficiency without com- tinued efforts to close the access to justice gap. Increased civil legal a lawyer to assist them in matters relating to the essentials of life— tigate this issue, I appointed the Advisory Committee on Pro Bono program, and court-sponsored volunteer attorney programs. In
laying the foundation to hopefully promising our ability to fulill our services funding is undoubtedly housing, access to health care and Service by In-House Counsel and New York, we are fortunate to have
embark on the road to recovery.
constitutional mission.
This past year brought signii- making a difference by allowing civil legal service providers to education, family matters, and sub- sistence income—and 2.3 million appointed my Court of Appeals colleague, Senior Associate Judge a bar that is so dedicated to pro bono service—contributing an Two years ago, in my irst Bar
cant changes. We took a critical look at court operations depart- serve more clients. In 2013, tens of thousands of New Yorkers civil litigants in our state’s courts remain unrepresented.1 To further Victoria A. Graffeo, as chair of the Committee. The Advisory Commit- estimated 22 million hours a year. Bar associations, law irms, law Week article contribution as Chief Administrative Judge, I submitted
ment by department, streamlining obtained essential assistance address the justice gap, we must tee worked together to recom- schools, and legal aid providers that the New York Court System
the Ofice of Court Administration (OCA) by consolidating ofices and and had their lives changed with the help of a lawyer. Despite the continue to look for untapped legal resources, and the judiciary mend rule changes and strategies to enable in-house attorneys to have all been instrumental in pro- moting pro bono service and fos-
was at a crossroads and that we had to restructure and reinvent
programs, cutting all » Page S4
heroic efforts of civil legal service
and the courts must continue to
tering a renewed com-
» Page S5
provide pro bono legal services
the way we did business in light

Juvenile Justice Reform

Must Be a Priority

Luis A. Gonzalez
Presiding Justice
Appellate Division,
First Department

In his State of the State address on Jan. 8, 2014, Gov. Andrew M. majority of American children under the age of eighteen who
Cuomo called for the creation of engage in criminal activities are
a commission to study juvenile justice reform. In my view, fun- deemed to be delinquent rather than criminal.”1 Under present
damental reform in this area is New York law, children who have
long overdue. New York, which has a reputation for being one of reached their 16th birthdays are criminally responsible for their
the most progressive states in the nation, is presently one of only actions; whether arrested for a violent felony or a nonviolent
two states (the other is North Car- offense such as vandalism or PSTEIN
olina) that treat 16- and 17-year- olds as adults in the criminal shoplifting, these adolescents are subjected to the same system of CK KO
justice system. Most states have prosecution, sentencing, and cor- LJ / RI
raised the jurisdictional age for juvenile delinquency: “The vast
rections, and its consequences as adults.2 Our state’s » Page S5
NY

Veterans Treatment Second Chances: Addressing the Future

Courts Strike a Balance
Settlement on Appeal
Of Legal Education

Randall T. Eng
Karen K. Peters
Henry J. Scudder
Presiding Justice
Presiding Justice
Presiding Justice
Appellate Division, Appellate Division, Appellate Division,
Second Department
Third Department
Fourth Department
Framed on the wall of my cham- dom. In civilian life, those oficers The Appellate Division, Third greater now than ever before. New York State Bar Association by law school debt, which now
bers at the Appellate Division, had served in a variety of occupa- Department has several CASP was established 16 years President David Schraver is averages in the six igures. New
Second Department, is a Flag of the United States of America tions including prosecutors, pri- vate practitioners, and in-house administrative programs and policies that serve the needs of ago by amendment to the Third Department’s Rules of Practice.2 focusing attention during his presidential year on the future of attorneys are entering a weak job market, leaving too many of
which had been lown over the counsel. As military lawyers, the public. While each is equally The program settles disputes, legal education. Under the theme, them unemployed or underem-
Headquarters of the Combined Joint Task Force Phoenix VII, Camp they were involved in a range of activities including the training of important, the Civil Appeals Set- tlement Program (CASP) makes in whole or in part, prior to oral argument by bringing attorneys “Serving the Profession, Serving the Public,” Schraver is leading ployed. Only 55 percent of law school graduates of the class of
Phoenix, Afghanistan on Nov. 11, 2008, which was celebrated there local forces, advice to command- ers, military justice, contracts and the practice of law more eficient and productive for attorneys, and the parties to a settlement conference. Simply put, interven- a year-long discussion on how best to prepare new attorneys for 2011 had a law related job nine months after graduation. Of
and at home as Veteran’s Day by procurement, the status of forces, their clients, and the court by tion by CASP after a notice of admission to the bar. It is a topic those graduates who are able to
the armed forces of the United States.
and legal assistance to deployed personnel.
providing the opportunity to settle disputes in seven differ- appeal has been iled, but before appellate briefs and a record worthy of our attention.
The problems are well docu- ind jobs, too many lack essential lawyering skills. As a result, one of
The lag was presented to me As the State Judge Advocate ent locations.1 Indeed, with the have been prepared and filed, mented. The cost of a legal edu- the most common complaints of
by oficers of the Judge Advocate General’s Corps of the New York of the New York Army National Guard serving in the rank of colo- court’s ever-increasing casel- oad, coupled with a shrinking saves litigants time and money, while lessening the caseload cation is rising at an alarming rate. Law school students spend legal employers is that law school graduates are not practice-ready.
Army National Guard who were deployed in Afghanistan in sup- nel, I had the privilege of oversee- ing the training and readiness of budget and our current shortfall of judges, CASP’s value to both burden on both trial and appel- late courts. Attorneys who have an average of $40,000 per year for tuition alone. Recent graduates Proposals to address these problems have been advanced
port of Operation Enduring Free-
this outstanding group » Page S7
litigants and the court may be
participated in CASP » Page S7
find themselves overwhelmed
by many interested » Page S7

Inside

Summit Will Emphasize Academia
Racial and Gender Equality on the Bench
Supporting the Independence of the Judiciary
Sealing Records Provides Second Chances
And Future of the Profession by Rachel Kretser......................................................S2
by Gregory K. Arenson ............................................S3
by Mark R. Dwyer......................................................S4
byDavidM.Schraver .............................................S2
E-Books, Mergers and Social Media
The Economic Upheaval Still Reverberates
Strategies for Continued Engagement
Tackling the Complex Problem
Of Human Traicking
Up for Discussion
by Eric J. Stock...........................................................S2
by Jay Hack ................................................................S3
In the Law
by Susan B. Lindenauer...........................................S5
by Glenn Lau-Kee ....................................................S2
New York and the U.N.: A Unique Connection
Providing a Voice to Those
Who Need Protection
GP Section Unveils Major Restructuring
Supporting Revision Commission
by Glenn G. Fox and Albert Bloomsbury .............S3
by Frances M. Pantaleo............................................S4
by Lewis F. Tesser .....................................................S5
And Promoting Section Diversity
N.Y. Assesses Costs of New Energy Technologies
A Municipal Bar That Is Bold and Compassionate
Workplaces Are Currently at a Critical Juncture
by Pamela M. Sloan..................................................S2
by Kevin Anthony Reilly .........................................S3
by Mark Davies .........................................................S4
by Jonathan Ben-Asher...........................................S5