Cover 2010.Qxd 7/20/2010 12:12 PM Page 1
Total Page：16
File Type：pdf, Size：1020Kb
cover 2010.qxd 7/20/2010 12:12 PM Page 1 NEW YORK STATE DEFENDERS ASSOCIATION FORTY-THIRD ANNUAL REPORT to the Membership New York State Defenders Association 194 Washington Avenue, Suite 500 Albany, NY 12210-2314 www.nysda.org Table of Contents Turning Action Into Victories, Putting Victories Into Action Introduction. 1 Training and Education . 2 Continuing Legal Education . 2 Other Educational Events . 2 Client Advisory Board . 3 Criminal Defense Immigration Project . 4 Padilla v Kentucky. 4 Newsletter, Website, and Clearinghouse . 4 New York Direct Defender Services . 5 Technical Assistance. 5 State Advocacy . 7 Paper Published on Implementing Caseload Standards . 7 Defenders Legislative Hearing Testimony . 7 Amicus Brief in Hurrell-Harring v State of New York . 8 Legislation Authorizing Indigent Legal Services Board Association and Office of Indigent Legal Services. 9 Putting Victory Into Action . 9 Forty-Third People Take Action for NYSDA . 10 Mission Statement . 10 Annual People Taking Action for NYSDA Report NYSDA Board of Directors . 11 NYSDA Client Advisory Board . 12 to the NYSDA Staff . 12 NYSDA Individual Contributors . 13 Grant Funders. 13 Membership Software Providers . 13 NYSDA Members. 14 Photo Captions . 25 Application for Membership . 27 Annual Report of Directors Pursuant to Not-for-Profit Corporation Law 519 . 29 i Turning Action Into Victories, Putting Victories Into Action Introduction clients about potential immigra- The work of NYSDA is to turn tion consequences of a guilty action into victories and to put ctions speak louder plea. The New York State Court victories into action that than words.” So goes of Appeals used words to rein- improves the quality and scope the common truism. “A state the lawsuit brought against of public defense services. But a “legal action,” including a the State and five counties for Through the Public Defense criminal prosecution or a family deficiencies in public defense Backup Center, which began court petition, consists simply of services. The Chief Administra- receiving state funds in 1981, words. And the words uttered or tive Judge used words to create NYSDA provides a variety of written at the end of a legal a rule implementing caseload services to public defense action—“guilty,” or “petition standards for New York City. lawyers, governmental bodies, granted,” for example—may And the New York State the client community, and the cause a woman to lose her free- Legislature used words to pass public. In many instances, the dom or a man to lose custody of Leandra’s Law (concerning driv- Backup Center does not learn his child. So words matter. ing while intoxicated with a the outcomes of the services it child in the car), and also a bill provides. But, sometimes victo- Many government bodies used creating a new Indigent Legal ries are shared. words in the past year that will Services Board and an Office of affect public defense practice Indigent Legal Services. One lawyer who contacted the and public defense clients. Backup Center for consultation Congress used words (and num- NYSDA took action—using this year called back and said, bers) to appropriate $10 million words—to support some of “I’m a solo practitioner and you in FY 2010 for the John R. these when they were proposed were like my co-counsel.” Her Justice Program, which will pro- and to oppose or seek modifica- client had been released, and vide student loan forgiveness for tion of others. In some the family had been so happy some public defenders (and instances, we achieved at least they were crying when they prosecutors). The United States partial success. Like many victo- thanked her. Supreme Court used words to ries, ours initially took the form decide Padilla v Kentucky, say- of words. But victories must be Actions into victory, victory into ing that criminal defense coun- put into action before they merit action. sel must advise noncitizen real celebration. NYSDA Forty-Third Annual Report | 2010 1 This 43rd Annual Report offered attorneys a full years’ increase client-centered skills describes other NYSDA actions worth of mandatory CLE credits. that help lawyers effectively rep- and victories in the last year. Regional training events were resent public defense clients. held in Rochester, New York Lawyers who attend the BTSP Training and Education City, Poughkeepsie, Albany, and gain both skill and that other Binghamton. NYSDA sponsored vital attribute, confidence. One Lawyers need training to proper- or co-sponsored many other attorney who attended the 2009 ly represent their clients. Chief trainers, including events BTSP program called several Defenders, whether they lead focused on assigned counsel months later to let everyone at public defender offices, legal aid criminal appeals, family court NYSDA know that because of societies, or assigned counsel representation in trial and appel- BTSP, he had been confident programs, also need updates and late courts, evidence founda- and prepared for his first post- information about developments tions, defending drunk-driving conviction hearing, which had affecting the provision of public cases, forensic science, and gone as well as he could have defense services. Government prosecutorial misconduct. hoped. Action into victory. officials, the media, client com- NYSDA’s Criminal Defense munities, and the public need Immigration Project, discussed news and knowledge about the Other Educational Events further below, presented numer- importance of and problems NYSDA hosted a Convening of ous CLE trainings around the relating to public defense. the Chief Defenders of New York state as well. Training Coordi- NYSDA provided a range of State on July 26, 2009 during nator Diane Geary attended to training and education in the the Annual Meeting and Con- hundreds of details to make last twelve months to meet ference in Saratoga Springs and them happen. these needs. another in Menands, NY on December 4, 2009. These An annual NYSDA training high- Continuing Legal Education gatherings give individuals light is the Defender Institute responsible for public defense NYSDA is an accredited provider Basic Trial Skills Program provision in separate localities of Continuing Legal Education. (BTSP), held on June 13-18, an opportunity to identify com- Throughout the year and across 2010, in Troy, NY. Once again, a mon problems, exchange ideas the state, NYSDA provided train- faculty of nationally-recognized about solutions, and discuss ing relevant to the practice of lawyers and communications budgetary, systemic, and other public defense attorneys. The experts worked with new attor- issues affecting public defense two-day annual conference in neys from across the state in statewide. Saratoga Springs in July 2009 hands-on exercises designed to 2 NYSDA Forty-Third Annual Report | 2010 Such issues included, in this tions in other training and edu- City of New York and at an event past year, student loan forgive- cational events, including a called “The Ins and Outs of ness for attorneys who go into panel at a Cardozo Law School Social Networking” at the New public defense; compliance with “Conference on New Perspec- York County Lawyers Associa- requirements for obtaining state tives on Brady and Other tion. He also wrote a number of funding; new rules of profes- Disclosure Obligations” in New articles for publications such as sional conduct; and state legisla- York City and presentations the New York Law Journal. tion intended to reform public about public defense services at defense services. In July 2009, Kingsborough College in Client Advisory Board discussions included the ramifi- Brooklyn, NY and Dominican To help ensure that the client cations of legislation to imple- College in Orangeburg, NY. community has a voice in work ment public defense caseload Reaching out to the client com- done on its behalf, NYSDA’s by- limits in New York City, which munity, Executive Director laws mandate a Client Advisory had passed earlier in the year, Jonathan E. Gradess partici- Board. This Board works directly discovery reform, and proposed pated in an interview during the with the Executive Director and legislation known as the Public radio program in New York City advises the Association on issues Defense Act of 2009. In called On the Count: The of client relations and communi- December 2009, additional top- Prison and Criminal Justice ty programs, including advocacy ics included information on how Report, on WBAI. He was also for reform. The Client Advisory offices might benefit from a new interviewed on Beyond the Board made a presentation at fellowship program (the Equal Headlines, on 106.3 FM with the New York State Association Justice Corps) of the national Pastor Gil Monrose, and the of Black and Puerto Rican organization Equal Justice Morning Show with Errol Louis Legislators Annual Legislative Works, the status of conflict on WWRL. Conference in Albany, on defender offices following a February 13, 2010. The Chair of court decision finding one such The Legal Information Services the Advisory Board, Jay office to be illegal, possible Director, Ken Strutin, presented Coleman, also presented to the amendments to the Indigent “Social Networking Sites as Chief Defenders information on Legal Services Fund, and possi- Litigation Tools” in a trainer new efforts to assist in the cre- ble regionalization initiatives. entitled “Blogging, Friending & ation of local client advisory Tweeting: What Attorneys boards. Backup Center staff members Should & Should Not Do” for the made or assisted in presenta-