Page 4 - NYSBA Annual Meeting

S4 | MONDAY, JANUARY 27, 2014
| NYLJ.COM

Providing a Voice to Those Who Need Protection
A Municipal Bar That Is

Bold and Compassionate
nursing homes, assisted living that will change the name of the
facilities and congregate care facilities. The attorneys who section to the Elder Law and Spe- cial Needs Section of the New York
Frances M. Pantaleo
practice in this field typically bring a holistic approach to legal State Bar Association. This change was endorsed by our Executive
problems by recognizing that Committee at our Fall meeting. I
Mark Davies
Chair
medical, psychological, inancial, social and family issues are often am optimistic that our members will embrace this change, which
Elder Law Section
intertwined with the legal issues.
will more effectively enable us to
Chair
Because of their expertise in navigating complex government market our areas of practice to the clients that we serve. Change
Municipal Law Section
The practice of elder law has come out of its infancy. The cent of the U.S. population.2 This number will increase to over 79.7 entitlement programs such as the Supplemental Security Income is never easy, but it is necessary. The Elder Law and Special Needs
National Academy of Elder Law million by 2040.3 With increased A
program, Medicaid and Medi- Section of the New York State Bar
Attorneys celebrated its 25th anniversary in 2013 and the Elder age, there is an increased pos- sibility of developing chronic such as transgendered persons. Absent the enactment of the care as well as their knowledge of trusts and the guardianship Association will continue to be a voice for those in our society who bout a hundred years ago,
Ridgeway, Colo., widened
Law Section of the New York State Bar Association is now entering its health conditions which affect the ability to perform activities its main street, requiring the relocation of a dozen or so Gender Expression Non-Dis- crimination Act (A.4226/S.195 process, many elder law attor- neys devote a substantial per- need the protection of the law. We remember these words by Hubert
23rd year. At 2,794 members, the of daily living without assistance.4
graves in the town cemetery. (2013)), we must seek pas- centage of their time providing H. Humphrey: “The moral test of
Elder Law Section is the ifth largest section of the New York State Bar I remember the days when elder law practitioners were dis- In the absence of any other volunteers, my granddad and sage of local laws protecting transgendered individuals legal assistance to individuals with disabilities and their fami- government is how it treats those who are in the dawn of life . the
Association.1 Although the majority missively categorized as “nurs- his buddy agreed to trans- from discrimination. And we lies. However, elder law attorneys children; those who are in the
of our members continue to prac- tice in small irms or solo practice, ing home” or “Medicaid” lawyers. However, today’s elder law attor- fer the remains. But into one grave heavily mineralized water must accord transgendered municipal employees dignity who devote substantial portions of their practice to this popula- twilight of life . the elderly; and those who are in the shadow of
this is beginning to change. Many experienced practitioners with ney is proicient in a broad range of legal issues, including estate had seeped, petrifying the body. Believing that compas- and respect.
Be creative. With Albany’s tion ind it dificult to explain to the parent of an 18-year-old with life . the sick . the needy . and the disabled.”5
established practices have joined planning and administration, sion dictated they inform the increasing paralysis, when state severe autism how their member- •••
the trusts and estates practices of larger irms which value their planning for the payment of long- term care costs, guardianship for man’s now elderly widow of her deceased husband’s condition, government fails to serve us well or fails to serve us at all, ship in the Elder Law Section of New York State Bar Association ••••••••••••••••••••••••••
1. There are 25 sections of the New York
expertise in planning for long- individuals with developmental they sought her out, delivered local government must step into has provided them with special State Bar Association. The total member- ship of the Bar Association is 74,672.
2. “A Proile of Older Americans: 2012”
term care and the special needs of individuals with disabilities.
disabilities or mental health issues, elder abuse protection, the news, and asked what they should do. “I’ll tell you what you the breach, guided by munici- pal counsel. Faced, for example, knowledge about supplemental needs trusts, Article 17A guard- by the Administration on Aging, Adminis- tration for Community Living, U.S. Depart-
The practice of elder law has never been more necessary. The retirement planning, medical decision making, accessing gov- should do. That sonovabitch never worked a day in his life. with a chronically anemic state ethics law that Albany has failed ianship and OPWDD certiication. It is time to change the name of ment of Health and Human Services. p. 1.
3. Id.
irst baby boomers turned 65 in ernment entitlement benefits, Stand him up by the door. He to amend for over 20 years, the Elder Law Section to properly 4. Id. at p. 15.
5. Remarks at the dedication of the Hu-
2011. According to the Depart- ment of Health and Human Servic- estate and gift tax planning, draft- ing a variety of trusts, including can hold the coats.” And so they did.
municipalities must enact their own effective local ethics law. relect the breadth of knowledge encompassed by our members. bert H. Humphrey Building, Nov. 1, 1977, Congressional Record, vol 123, p. 37287.
es Administration on Aging, there special needs trusts, and protec- That tale holds a moral for Countless other problems call At the Annual Meeting on January
were 41.4 million Americans over the age of 65 in 2011, or 13.3 per-
tion of the rights of elderly and disabled residents of hospitals,
municipal attorneys: Be bold, be compassionate, be creative.
for similar creative local gov- ernment solutions.
27th, our members will be asked to support a bylaws amendment
Frances M. Pantaleo is a partner at Bleakley Platt & Schmidt.
Be bold. Perhaps the great- est challenge facing municipali- As I tell my New York Practice students at Fordham University
ties lies in unfunded mandates School of Law, I am proud to be
imposed by Washington, D.C. and Albany. My dad used to a lawyer. But I am proudest of all to be a municipal lawyer. Nei- Sealing Records Provides Second Chances
say that when plumbing one ther big irms nor academia has
need only remember that it all rolls downhill, which is pretty offered me the stunning breadth and diversity of law and prac-
much how our national and state governments operate: tice that municipal lawyering has. And nowhere have I met who have recognized the need offenders who have changed
just rolling it downhill to local lawyers of such dedication and for change. Late in 2011, the sec- their lives. “The Second Chance
government, which ends up with a mess in its backyard, not integrity. Most of all, what we do really matters. It is a wonderful tion’s Sealing Committee issued a Report and Recommenda- for Ex-Offenders Act” would amend the criminal procedure
of its own making. Municipali- calling.
Mark R. Dwyer
tions recognizing that a decision law and the executive law to
ties cry out for mandate relief. They are wrong. They must seek Mark Davies is the Executive Director whether to seal a person’s crimi- nal record requires a balancing of permit sealing the records of cer- tain non-violent and non-sexual
nothing less than abolition of unfunded mandates. Albany of the New York City Conlicts of Inter- Chair
Criminal Justice Section
competing interests. On the one hand, members of society have misdemeanor offenses. The bill was less expansive than the rec-
at least, by state constitution- est Board, the ethics board for the City of New York. The views expressed in an interest in having access to ommendations on sealing of the
al amendment if necessary, should pay for every mandate this article do not necessarily relect those of the Board.
past criminal records for crime investigation and in making hir- State Bar Association, but it was a great step forward and would Thousands of low-level, non- permanent bar to opportunity in
it imposes, past, present, and future. As municipal lawyers, ing, rental, and other decisions. On the other hand, a person with help many deserving people. No action was taken on the sealing violent offenders are pro- cessed through the New York state education, employment, licensing, and housing. Unlike neighboring
we must lead that charge, work- a past criminal record has, after bill during the 2013 session, but criminal justice system each year. states—including New Jersey,
ing with allies wherever we ind them.
Letters Welcome
The Law Journal welcomes letters from its fully serving a sentence and then moving on to lawful living, a valid there are reasons to be optimis- tic that the bill may gain traction The convicted offenders may be sentenced to pay ines, perform which has an expungement stat- ute—New York lacks a mechanism
Be compassionate. The readers for publication. They must contain interest in pursuing employment, when Zeldin introduces it again community service, complete a by which most people convicted
public trust vested in us as municipal attorneys calls us the names and addresses of correspondents. Letters should be of reasonable length and licensing, housing, and educa- tion—in a “second chance.” Our in the next session.
Our section supports Zeldin’s term of supervised probation, or even serve jail time. The debt to of low-level, non-violent crimes can have their records cleared,
not to victory but to justice. I have often seen local residents, submitted with the understanding that all section proposed that any change in the law be limited in ways to efforts and hopes that others recognize the imperative need society must be paid, but at some point all aspects of the prosecu- even after years of impeccable behavior. The societal result is
faced with some devastating correspondence is subject to the editorial judgment of the newspaper in considering ensure the proper balancing of that something be done to help tion are resolved and the person a growing population of rehabili-
change in their neighborhood, stand before a municipal body, duplication, length, relevancy, taste and other criteria. Letters may be e-mailed to:
interests. In 2012, The State Bar House of Delegates adopted our eligible people re-enter produc- tive society after rehabilitation.
is both expected and encouraged to re-enter productive life and put tated minor offenders who are underemployed or otherwise
hands and voice shaking, fright- position, and advocating for legis- the transgression in the past.
permanently disadvantaged, with @|
ened and clueless. Compassion dictates that we assist them in lation in this regard is a State Bar priority for 2014, as it was in 2013.
Mark R. Dwyer is a judge of the New However, signiicant impedi- ments hinder the process. We are dreams that can never be realized.
Over the past few years, the [email protected]
asserting their rights. We must also protect those residents Sen. Lee Zeldin of Long Island introduced a bill in 2013 to sup- York State Court of Claims, as well as an acting justice of the New York State a state of second chances, and yet criminal convictions, even of Criminal Justice Section has spearheaded efforts to address
whom Albany fails to protect,
port second chances for minor
Supreme Court.
the lowest levels, often present a
the problem, joining with others
Have an event to list?
E-mail details to [email protected].

will also allow the judiciary to Prudenti
load, we have adopted makeshift als passing both houses of the Leg- crisis. We have worked hard to about the 4:30 p.m. courtroom
avoid further reduction in ser- vice to the public. Signiicantly, remedies, including assigning quasi-judicial staff to hear cer- islature, including several of major importance. Among those legisla- honor that responsibility, while also fulilling our constitutional closing time, which we adopted as an important, though flex-
the proposed budget will allow « Continued from page S1
tain types of cases. But such tem- tive proposals was a bill requiring mission of providing fair and ible, overtime control measure
the courts to maintain their cur- rent stafing levels and to ill a but essential expenditures and redeploying a sizeable number porary ixes for these important cases involving families in crisis lenders to provide a certiicate of merit at the very beginning of the timely justice to all New Yorkers.
Despite all of our tireless in light of our restricted budget. Meanwhile, reduced stafing has
limited number of positions that of OCA staff members to the trial and the welfare of children in our foreclosure process to prevent efforts to cut costs, modernize, led to delays in processing court
are critical to operations, while also ensuring that courtrooms courts, where the need was great- est. Our efforts to improve eficien- state are inherently inadequate and must give way to a more these cases from languishing in “legal limbo.” Ensuring the safety restructure and streamline, there is no denying that several years of documents, conducting trials and deciding motions. The net result
can remain open to the public until 5 p.m. each day. By including cy in case management and trim the inventory of older cases have permanent solution. By provid- ing funding in our budget for 20 of all members of our court fam- ily, both personal and inancial, is austere budgets have had a sub- stantial impact on our ability to has frustrated the disposition of cases and threatened our ability
additional funding for civil legal been yielding substantial progress Family Court judgeships to be always a top priority, and in 2013 operate effectively. For the past to provide timely and fair justice
services, the budget will also help ensure equal justice for the mil- thanks to the hard work of the entire legal community. A prime established in 2015, we fervently hope to jumpstart discussion of we made great strides towards this goal, providing bullet-proof vests ive years, the judiciary’s operat- ing budget has essentially been to the people of New York.
In light of these sobering reali-
lions of litigants who are forced example is Bronx County, where this critical need with the other to court oficers throughout the lat. To provide some context, in ties, and the fact that the judi-
to appear each year without counsel in eviction, domestic vio- felony case backlogs have been dramatically reduced over the past branches of government, and to promote its importance on the state to protect the brave men and women who provide the irst the current iscal year, our bud- get has $22 million less cash to ciary will again face signiicant cost increases again in Fiscal
lence, consumer debt and other cases involving the essentials of year. In addition, our increased use of electronic iling and web-based legislative agenda.
As Alexander Hamilton wisely line of defense in our courthouses and achieving passage of a bill to support court operations than it did in iscal year 2009-2010. On Year 2014-2015, it is clear that our ability to perform our con-
life. Providing counsel to these training and research and the observed, justice is “the first redress “paper terrorism” against top of this declining funding, the stitutional duties will be in jeop-
vulnerable litigants is not only a central part of our core mission, enhancement of our automated case management systems have led duty of society.” The judiciary’s 2014-2015 budget request repre- judges.
While we have continued to judiciary has absorbed more than $300 million in increased costs ardy unless we see an increase in our budget. Recognizing the
but also a sound investment for both the courts and the state.to signiicant savings and improved service to the public.
sents a irst step on the road to recovery, but one that is vital to achieve significant progress thanks to the dedication, per- over the past ive years. More- over, with a reduction of the non- vital importance of our mission, while remaining sensitive to the
1
Finally, through a supplemental Last year was also one of con- ensuring that we can continue to severance and talent of our judicial workforce by more than state’s ongoing iscal crisis, we
appropriation, the judiciary’s pro- posed budget also provides for tinued innovation, and under the visionary leadership of Chief Judge fulill our primary obligation of delivering justice to the people remarkable court family, there is no doubt that the past sever- 1,900 employees over the same time period, our current stafing have submitted a solid “road to recovery” budget, requesting a
additional Family Court judges. Jonathan Lippman, we launched of New York.
al years have been ones of great level is the lowest in more than modest increase of 2.5 percent.
The need is undeniable—over the past three decades, while Family Human Traficking Courts through- out the state in a ground-breaking •••••••••••••••••••••••••••••
challenge for the court system, as we strive to perform our consti- a decade despite an increasing workload.
Our request is not only essential to covering the rising costs we
Court ilings have increased by an astounding 90 percent, the num- initiative designed to help thou- sands of trafficked individuals 1. See The Task Force to Expand Civil Legal Services in New York, Report to the tutional duties under great iscal constraint. As a co-equal branch The cumulative effect of all of these factors has left the New face in the coming year, including increases in funding for statuto-
ber of Family Court judgeships escape a life of abuse and exploi- Chief Judge of the State of New York, No- vember 2012 (showing that for every dollar of government, the judiciary has York State Uniied Court System rily mandated indigent criminal
has been increased by only 8.8 percent. In an attempt to handle tation. On the legislative front, we enjoyed an exceptionally success- invested in civil legal services, there is a return of six dollars in economic beneit to a duty to work with the execu- tive and legislative branches at another crossroads. Members of the bar and the public have defense standards and mandated salary increments for represent-
the growing and demanding case-
ful session, with 20 of our propos-
the state of New York in terms of reduced social services and other public expenses).
in addressing the state’s iscal
repeatedly vocalized complaints
ed non-judicial employees, but

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