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Nysba Winter 2008 | Vol NYSBA WINTER 2008 | VOL. 10 | NO. 2 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School CHIEF JUDGE JUDITH S. KAYE Your key to professional success… A wealth of practical resources at www.nysba.org • Downloadable Forms organized into common The Government, Law and Policy practice areas Journal is also available online • Comprehensive practice management tools • Forums/listserves for Sections and Committees • More than 800 Ethics Opinions • NYSBA Reports – the substantive work of the Association • Legislative information with timely news feeds • Online career services for job seekers and employers • Free access to several case law libraries – exclusively for members Go to www.nysba.org/GLPJournal to access: The practical tools you need. • Past Issues (1999-present) of the Government, The resources you demand. Available right now. Law and Policy Journal* Our members deserve • Government, Law and Policy Journal Searchable nothing less. Index (1999-present) • Searchable articles from the Government, Law and Policy Journal that include links to cites and statutes. This service is provided by Loislaw and is an exclusive Section member benefi t* *You must be a New York State Bar Association member and logged in to access. Need password assistance? Visit our Web site at www.nysba.org/pwhelp. For questions or log-in help, call (518) 463-3200. For more information on these and many other resources go to www.nysba.org WINTER 2008 | VOL. 10 | NO. 2 Government, Law and Policy Journal Contents Board of Editors 2 Message from the Chair J. Stephen Casscles Patricia E. Salkin Lisa F. Grumet 3 Editor’s Foreword James F. Horan Rose Mary Bailly Barbara F. Smith 4 Chief Judge Judith S. Kaye: A Legacy of Visionary Leadership Patricia K. Wood Hon. Jonathan Lippman Staff Liaison 8 The Jurisprudence of Judith S. Kaye: A Legacy of Humanism Albany Law School Hon. Albert M. Rosenblatt Editorial Board 17 Chief Judge Judith S. Kaye: Historical Leadership in Focusing the Court Rose Mary K. Bailly System on Our Most Vulnerable Children and Families Editor-in-Chief Hon. Howard A. Levine Patricia E. Salkin 21 A “Boundless Enterprise”: The Legacy of the Permanent Judicial Director, Commission on Justice for Children and Judith Kaye Government Law Center Ellen Schall and Sheryl Dicker Vincent M. Bonventre 26 An Advocate for Healthy Families Founding Editor-in-Chief Hon. Jacqueline W. Silbermann Student Editors 30 Problem-Solving Justice in New York: Refl ections on 15 Years Lauren DiPace of Judicial Reform Executive Editor Greg Berman Christopher Clark 35 Problem-Solving Courts: Changing the Landscape of New York’s Samantha David Criminal Justice System Cecilia Faleski Hon. Judy Harris Kluger Ruth Green Kevin Hines 38 The Jury Project Daniel Katz Hon. Colleen McMahon Jessica Vaughn 41 Making Access to Justice a Reality Senior Editors Hon. Juanita Bing Newton Editorial Offi ce 46 Building Public Trust Through Judicial Selection Reform GLP Journal Professor John D. Feerick and Michael J.D. Sweeney Government Law Center Albany Law School 51 Shaping the New York ADR Landscape 80 New Scotland Avenue Fern Schair and Daniel Weitz Albany, NY 12208 518.445.2329 55 Chief Judge Kaye and the Commercial Division Send Address Changes to: Robert L. Haig Records Department 59 Reforming New York’s Courts: Chief Judge Kaye and the Special New York State Bar Association Commission on the Future of the New York State Courts One Elk Street Carey R. Dunne Albany, New York 12207 518.463.3200 [email protected] The Government, Law and Policy Journal welcomes submissions and suggestions on subjects of interest to attorneys employed or otherwise engaged in public ser- vice. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the GLP Journal, its editors, the Government Law Center, or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief for submission guidelines. Material accepted for publication becomes the property of the Association. Copyright © 2008 by the New York State Bar Association. ISSN 1530-3942 (print) ISSN 1933-8414 (online). The GLP Journal is published twice a year. Message from the Chair By Patricia E. Salkin Leader, mentor and tions? Does the Supreme Court itself “follow the election visionary are the fi rst three returns” by moderating its own conduct in light of public words that come to mind reactions? The afternoon will feature Judith Kaye as Chief when I think of Chief Judge Judge: Reinventing Judicial Leadership, a special panel dis- Judith Kaye. She has been a cussion on the impact of Chief Judge Kaye on the courts remarkable Chief Judge and and community. The CLE sessions will be followed by when court historians study the annual Excellence in Public Service Awards reception. the legacy that she leaves, Special thanks to Committee members Donna Case, Don- there is no doubt that Chief na Giliberto, Anthony Cartusciello, Robert Freeman and Judge Kaye will be described the members of their subcommittees for putting together as the Chief Judge with what promises to be an outstanding day of education and the courage to recommend celebration. More information about these programs is and implement meaningful contained elsewhere in this Journal. reform measures to enhance In my last column I updated members on some of the the services, effi ciency and the administration of justice ethics issues that the Committee has been working on. for all New Yorkers. In 2007, this Committee recognized Discussions are continuing with ethics counsel to ensure Chief Judge Kaye with our Excellence in Public Service that all government lawyers are afforded appropriate op- Award, where she was described as the “government portunities to be actively engaged in the activities of the lawyer’s lawyer.” No doubt she sets the bar high on State Bar Association—including active participation as honesty and integrity, but she has been engaged, through- members and participation as speakers and authors for out her entire tenure in the New York court system, as a Association sponsored programs. In addition, in coopera- principled change agent. Her actions as Chief Judge will tion with the Municipal Law Section and the Committee undoubtedly earn her a reputation as a person who cared on Continuing Legal Education, the Committee on Attor- enough to make a difference. As the pages in this issue neys in Public Service is sponsoring a three-part CLE this of the Government, Law and Policy Journal will reveal, her Fall on ethics for government lawyers. Special thanks to success is nothing short of remarkable. On behalf of the Committee Coordinator Spencer Fisher for his leadership Committee on Attorneys Public Service and the Editorial in helping to shape these programs. Board of the Government, Law and Policy Journal, special thanks and appreciation to Judge Jonathan Lippman for In the coming year, the Committee on Attorneys in his leadership and direction as Guest Editor of this issue. Public Service will continue to look for ways to interest more government lawyers in membership in our Associa- tion. We have already started to work more closely with “As the pages in this issue of the sections, such as the Environmental Law Section and Government, Law and Policy Journal will the Municipal Law Section, and we will begin outreach reveal, her success is nothing short of in a more formal way to other State Bar entities. We also remarkable.” hope to publish a new edition of our now out-of-print ethics book and we are exploring a publication on disas- ter preparedness for government lawyers. Robert Free- In January 2009, the Committee will once again man and Camille Jobin-Davis of the Committee on Open convene in New York City during the Annual Meeting Government have agreed to serve as co-guest editors for of the New York State Bar Association for our highly the Spring 2009 issue of the Government, Law and Policy sought after CLE program. On the morning of Tuesday, Journal which will examine access to government issues. January 27th, The Supreme Court and the Election Returns, We invite your interest, suggestions and more active the popular Supreme Court in Review Update, will be participation as a member of one of our subcommittees presented by Brooklyn Law School Professors Susan (all State Bar members are welcome to join one of our Hermann and Jason Mazzone. This session will discuss subcommittees). signifi cant Supreme Court decisions of the October 2007 term and signifi cant cases pending in the 2008 term, and Best wishes for a happy and healthy holiday season. address the theme of change. How might the Supreme I look forward to seeing many of you in January at our Court change in light of the result of the November elec- Annual Meeting. 2 NYSBA Government, Law and Policy Journal | Winter 2008 | Vol. 10 | No. 2 Editor’s Foreword By Rose Mary Bailly It has been a privilege to be ment. Our student editorial staff, once again, has risen involved in the preparation of admirably to the occasion. Special thanks are in order to this issue celebrating and hon- our new student Executive Editor for 2008-2009, Lauren oring Chief Judge Judith Kaye. DiPace. Albany Law School, Class of 09. She and her colleagues from Albany Law School Class of ‘09, Chris- We are delighted and grate- topher Clark, Samantha David, Cecilia Faleski, Ruth ful that the Honorable Jonathan Green, Kevin Hines, Daniel Katz, and Jessica Vaughn, did Lippman, Presiding Justice of outstanding work in reviewing the articles. As always the the Appellate Division, First talent and expertise of the staff of the New York State Bar Department, our guest editor, Association, Pat Wood, Lyn Curtis and Wendy Harbour, has provided his leadership made the preparation of this issue smooth sailing.
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