www.qcba.org Queens County Bar Association / 90-35 One Hundred Forty Eighth Street, Jamaica, NY 11435 / (718) 291-4500 Vol. 71 / No. 6 / March 2008 1876 Was A Very Special Year! by STEVEN WIMPFHEIMER, ESQ. by STEPHEN J. SINGER “It was a cold day in January. The Marriot For those of you who have ever Hotel at Times Square was taken the trouble to scrutinize our bar association seal, you will recall that warm and inviting. Sounds our founding date was in the year like the start of a novel. But, 1876. It would seem that the fact this alas, it is merely the setting for was America’s first centennial would make it special enough when that the January Annual State Bar group of gentleman lawyers met in Association Meeting and House Garden City to form the Q.C.B.A., but of Delegates Meeting.” that was hardly the case. This was also a year in which many of the most excit- ing historical events of an adolescent Continued On Page 13 nation, just recovering from the Civil War, would occur. I thought that it would be fun to out- line just some of the truly exciting things that took place in that same time frame. With that end in mind, I have chosen to particularly highlight events which happened during that year in the “American West” because I have always been an avid fan of the Article 730 Old West, and in particular, those of a criminal nature, because I have always Mental Disease or Defect Excluding Fitness to Proceed: Part II been a criminal lawyer (as most of you know) and before that, a lawman. by ANDREW J. SCHATKIN On June 25th of the same year as our founding, George Armstrong Custer and 261 of his men from the In a previous article, entitled, “Article schemata of the examination procedure of a psychiatrist’s report on a defendant’s now infamous 7th Cavalry met their 730/Mental Disease or Defect Excluding to determine whether a criminal defen- mental capacity to stand trial was the doom at the Little Big Horn. At the Fitness to Proceed”, I considered and dant is fit to proceed to trial, or better main effect, which former CCP Sec. 662 time, it was termed the “Custer analyzed the issues, ramifications, and put, is incapacitated or lacks capacity, to (now this section) prohibiting receipt of Massacre”, (which it really wasn’t) import of the first section in Article 730, stand trial. This Section overall has such report in evidence, sought to avoid.2 because it served the interests of most Sec. 730.10, “Fitness to Proceed; seven sections.1 It has also been held that the purpose Westerners, who were rabidly anti- Definitions”. The first topic to be considered in this of CCP Sec. 669 (now this section) was to American Indian, to create a country- This second article will consider article’s interpretation and analysis of substitute a new form of determining wide hysteria in the hope that same Section 730.20 of that statute, entitled, this particular section is, the purpose of sanity, which would eliminate the would encourage the rapid extinction “Fitness to Proceed; Generally”. That the statute. It has been held that the expense to the county, incident to the Section sets forth the parameters and imbalance created by the official nature Continued On Page 6 Continued On Page 3 INSIDE THIS ISSUE 1876 Was A Very Special Year . .1 Profile of Judge Bernice Siegal . .5 Notes from NY State Bar Association . .1 Culture Corner . .9 Article 730 - Part II . .1 Court Notes . .12 The Docket . .2 Books at the Bar . .14 President’s Message . .3 Claro Opens to Rave Reviews . .15 2 THE QUEENS BAR BULLETIN – MARCH 2008 T HE D OCKET... E DITOR’ S N OTE... being the official notice of the meetings and programs listed below, which, unless other- On behalf of the Bar Association, I welcome all mem- wise noted, will be held at the Bar Association Building, 90-35 148 Street, Jamaica, New bers to participate in the many upcoming events that are York. More information and any changes will be made available to members via written notice and brochures. Questions? Please call (718) 291-4500 planned for this month. As always, I encourage articles from members and news about our members. In that vein, PLEASE NOTE: I on behalf of the Bar Association congratulate Stephanie The Queens County Bar Association has been certified by the NYS Continuing Legal Zaro on her appointment by Mayor Bloomberg to the Education Board as an Accredited Legal Education Provider in the State of New York. Criminal Court. Stephanie has been an active member of 2008 Spring CLE Seminar & Event Listing Les Nizin our Association, as Co-Chair of the Criminal Courts com- mittee and as a member of the Board of Managers. March 2008 LAWYERS ASSISTANCE COMMITTEE Wednesday, March 5 Practice of Matrimonial Law Sponsored by MatLaw 6:00-9:00 pm The Queens County Bar Association All communication with QCBA LAC Wednesday, March 12 Article 81/Guardianship Training 2:30-5:00 pm (QCBA) provides free confidential staff and volunteers are completely Wednesday, March 26 Criminal Law Series, Part 1 6:00-9:00 pm assistance to attorneys, judges, law confidential. Confidentiality is privi- students and their families struggling leged and assured under Section 499 of Monday, March 31 Past President’s & Golden Jubilarians Night the Judiciary laws as amended by the 5:30-8:30 pm with alcohol and substance abuse, depression, stress, burnout, career Chapter 327 of the laws of 1993. April 2008 concerns and other issues that affect If you or someone you know is hav- quality of life, personally and/or ing a problem, we can help. To learn Wednesday, April 2 Criminal Law Series, Part 2 6:00-9:00 pm professionally. more, contact QCBA LAC for a Wednesday, April 9 Civil Court Seminar 6:00-9:00 pm QCBA Lawyers Assistance confidential conversation. Monday, April 14 Judiciary Night 5:30-8:30 pm Committee (LAC) offers consultation, Lawyers Assistance Committee Wednesday, April 16 Equitable Distribution Law Update 6:00-9:00 pm assessment, counseling, intervention, Confidential Helpline education, referral and peer support. May 2008 718-307-7828 Thursday, May 1 Annual Dinner & Installation of Officers 6:00-10:00 pm Wednesday, May 7 Ethics Considerations 6:00-9:00 pm 2007 - 2008 CLE Dates to be Announced Elder Law, Real Property Law, Surrogates, Estates & Trusts, Taxation Law Officers and Board of Managers of the N EW M EMBERS Queens County Bar Association John H. Bambury Jaya K. Madhavan Allan Binder Christopher A. Nicholas DAVID LOUIS COHEN - President Nelson Camacho Mark I. Plaine Vicente Tanierla Cuison Scott H. Siller STEVEN S. ORLOW - President-Elect Paul Hale Matthew Richard Smalls GUY R.VITACCO, JR. - Vice President Maureen McHugh Heitner RICHARD MICHAEL GUTIERREZ - Secretary CHANWOO LEE - Treasurer N ECROLOGY William B. Sherman Class of 2008 Class of 2009 Class of 2010 Paul E. Kerson Joseph F. DeFelice Gregory J. Brown Gary Francis Miret George J. Nashak, Jr. Joseph Carola, III Joseph John Risi, Jr. Jerome D. Patterson John Robert Dietz Steven Wimpfheimer Nelson E. Timken Mona Haas James J. Wrynn Carmen Velasquez Arthur N. Terranova . Executive Director Queens Bar Bulletin A New Member Benefit from Queens County Bar Association EDITOR - LESLIE S. NIZIN Associate Editors - Paul E. Kerson, Michael Goldsmith and Peter Carrozzo QCBA recently selected a credit card program that is specifically designed for law firms and sole practitioners. QCBA members receive reduced processing rates and Published by multiple features built to properly process client-attorney transactions. 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Associate Publisher Kathleen Gobos Queens Bar Bulletin (USPS No. 0048-6302) is published With a Law Firm Merchant Account credit cards that are accepted for retainers are Director of Advertising monthly, except June, July, August, and September by deposited into your trust account while processing fees are paid from the operating Ken Kroncke Long Island Business News, 2150 Smithtown Ave., Suite account to avoid the commingling of client funds. 7, Ronkonkoma, NY 11779-7358, under the auspices of Account Executive the Queens County Bar Association. Entered as periodi- Renee Stuto If you are considering or already accept credit cards in your practice, we encourage cal postage paid at the Post Office at Jamaica, New York you to confirm that your program is competitive and can properly processes Pat Kunder and additional mailing offices under the Act of Congress. Postmaster send address changes to the Queens County transactions. Call for a no obligation consultation with our partner Affiniscape Classified Sales Bar Association, 90-35 148th Street, Jamaica, NY 11435. Merchant Solutions, 800.376.0950 or click here for more information! Joe Parrino THE QUEENS BAR BULLETIN – MARCH 2008 3 P RESIDENT’ S M ESSAGE As we are all aware there sign, or should the lawyer is a precipitous decline in the explain the meaning and cost housing market.Foreclosures of what a client is about to Queens County Bar Association are at an all time high.