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Dlamb@Nycla.Org and Write Table: $2,100 Will Be Presented to the ‘March 18 Reception’ in the Subject Line COUNTYNEW YORK LAWYER March 2009 Visit us at www.nycla.org Volume 5 / Number 2 A MESSAGE FROM THE NYCLA PRESIDENT INSIDE Ann B. Lesk WOMEN’S HISTORY Women’s History Month importance of the marriage relationship: For most of us, leading a full life MONTH CELEBRATIONS Chief Judge Judith Kaye retired at the includes establishing a family. Indeed, end of 2008, as required by New York law. most New Yorkers can look back on, HON. RENEE ROTH TO DELIVER In 1983, she was the first woman appoint- or forward to, their wedding as among LEWINSON LECTURE ed an Associate Judge of the Court of the most significant events of their ON MARCH 31 PG 4 Appeals. In 1993, she became the first lives. They, like plaintiffs, grew up woman to serve as Chief Judge. She sub- hoping to find that one person with sequently became the only Chief Judge to whom they would share their future, serve a full 14-year term, was reappointed, eager to express their mutual lifetime EDITH I. SPIVACK AWARD and retired after 15 years on the Court. pledge through civil marriage. Solely There have been so many tributes to because of their sexual orientation, TO CO-FOUNDER AND Judge Kaye that another would be super- however--that is, because of who they fluous. It is, however, interesting to look at love--plaintiffs are denied the rights EXECUTIVE DIRECTOR OF her tenure as indicative of how the growing and responsibilities of civil marriage. presence of women on the bench might sented only about 19 percent of partners in This State has a proud tradition of EQUALITY NOW PG 3 change our approach both to the law and to firms in large cities (which generally have affording equal rights to all New the administration of our courts. a higher percentage of women than other Yorkers. In January 2009, women held the posi- areas). Sadly, the Court today retreats from that tion of Chief Justice of the highest state There are now enough women running proud tradition. MEET NYCLA’S court in 19 states,1 and in two states state judicial systems to permit social sci- The balance of the 27-page dissent was a women were acting Chief Justices.2 Of ence research on their impact. A 2003 meticulous and scholarly rebuttal of the WOMEN’S RIGHTS these, only one had served longer than paper3 argued that the presence of women constitutional reasoning of the four-judge4 Judith Kaye. This influx of women Chief Chief Justices had two types of impact: in majority. Although Chief Judge Kaye COMMITTEE PG 9 Justices cannot be ascribed to any particu- decisions, but also in the priorities that they failed to attract a majority of the New York lar method of judicial selection. Some are set in their role as court administrators. court, her dissent was cited with approval appointed, elected, selected by their peers Chief Judge Kaye’s career has ample by the majorities in both California5 and on the Court, and at least one is serving by examples of both. Connecticut6 that invalidated state bans on SAFEGUARDING virtue of seniority on the bench. In 2006, the New York Court of Appeals same-sex marriage. The explosion of state Chief Justices is held that under the New York Constitution, Similarly, her final State of the Judiciary COMPUTER DATA, BY not matched by a similar increase in lead- the State had a rational basis for prohibiting speech, delivered on November 12, 2008 at ership of the Federal Courts. Of the 13 same-sex marriage. Hernandez v. Robles New York University, combined a compas- ANTHONY L. SOUDATT Federal Circuit Courts of Appeal, only two (2006 NY Slip Op 5239; 7 N.Y.3d 338; sionate sensibility with dedication to PG 6 have women serving as Chief Judge. Nor 855 N.E.2d 1; 821 N.Y.S.2d 770; 2006 improving the administration of justice. has private practice come close to giving N.Y. LEXIS 1836 July 6, 2006) and relat- She featured, front and center, her concern women a comparable leadership role. ed cases. Chief Judge Kaye, joined by for families, and particularly the children, REGULATORY ROUNDUP, According to a recent National Association Judge Carmen Ciparick, filed a passion- who appeared in Family Court: for Law Placement survey, women repre- ate dissent that started by focusing on the (See Message From The President, Page 12) BY FELIX SHIPKEVICH PG 10 NYCLA Receives Award of Merit from TABLE OF CONTENTS NYS Conference of Bar Leaders Book Review .....................................4 Centennial Book ................................2 On January 30, NYCLA received the law, New York University School of Law, Delegates in August 2008 and called for all Events Calendar .................................2 New York State Conference for Bar and NYCLA President Ann B. Lesk. Best jurisdictions to adopt rules, guidelines and CLE Programs .................................14 Leaders’ 2008 Award of Merit (for bar Practices and its accompanying resolution best practices similar to those contained in CLE Tech Programs ........................15 associations with 2,000+ members) for its were adopted by the ABA House of NYCLA’s report. Deconstructing the Bar Exam..........11 report, Best Practices for Judges in the Settlement and Trial of Cases Involving Edith I. Spivack Award .....................3 Unrepresented Litigants in Housing Court. Ethics Hotline ..................................13 The Award recognizes New York bar asso- Hon. Jacqueline W. Silbermann ciations “for outstanding service to the Joins Blank Rome..............................6 public and the profession through innova- Library Notes ...................................10 tive projects and programs.” Pictured (from Member Benefits................................2 left to right) are: Michael E. Getnick, pres- Message from the Director of the CLE ident elect, New York State Bar Institute ..............................................5 Association, and Linda J. Clark, chair, New Message from the President...............1 York State Conference of Bar Leaders, pre- Message from the President senting the award to Paula Galowitz, co- of the NYCLA Foundation................3 chair (with Hon. Marcy S. Friedman, Metropolitan Museum’s Concerts Justice, New York State Supreme Court, and Lectures.....................................13 not pictured) of NYCLA’s Task Force on NYCLA Receives Award ..................1 the Housing Court and clinical professor of Past Events.........................................8 Practice of Law Series .......................7 Regulatory Roundup........................10 Safeguarding Computer Data ............6 Substance Abuse Hotline.................15 Women’s History Month Celebrations .............................3 and 4 Women’s Rights Committee..............9 Young Lawyers Section Program....15 2 March 2009 / The New York County Lawyer EVENTS CALENDAR Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions. March April SPECIAL EVENT IN HONOR OF SPECIAL EVENT: WOMEN’S HISTORY MONTH: EDITH NYCLA’S LAW DAY LUNCHEON I. SPIVACK AWARD RECEPTION Friday, April 24 Wednesday, March 18 11:30 AM 6:00 PM Place: Cipriani Wall Street, 55 Wall Street Place: NYCLA Home of Law – 14 Vesey (between William and Hanover Streets) Street This year’s Law Day celebrates the New York County Lawyers’ Association’s Awardees: Jessica Neuwirth, president and bicentennial of President Abraham Committee on the Supreme Court founder of Equality Now, and Taina Bien- Lincoln. Aimé, executive director of Equality Now Capozzoli Gavel Honoree: Commercial Sponsor: NYCLA’s Women’s Rights Division of the Supreme Court, New York Committee County Law Day Luncheon BY INVITATION ONLY AND NYCLA Sponsor: NYCLA’s Supreme Court MEMBERS Committee FREE Tickets: Patron Table: $2,500; Supporter The Capozzoli Gavel Award RSVP: [email protected] and write Table: $2,100 will be presented to the ‘March 18 Reception’ in the Subject line. (For more information, please email (For more information, please refer to the [email protected] and write ‘Law Day Commercial Division of the Supreme Court article on page 3.) ’09’ in the Subject line.) New York County SPECIAL EVENT IN HONOR OF SPECIAL EVENT: WOMEN’S HISTORY MONTH: RUTH NANETTE DEMBITZ LECTURE Friday, April 24, 2009 ~ 11:30 am LEWINSON MEMORIAL LECTURE Tuesday, April 28 Tuesday, March 31 6:00 PM 6:00 PM Place: NYCLA Home of Law – 14 Vesey Please join us as we honor the Commercial Division at our Place: NYCLA Home of Law – 14 Vesey Street Law Day Luncheon in a triumph of Greek Revival Street Sponsor: NYCLA’s Family Court and Lecturer: Hon. Renee Roth (ret.), Child Welfare Committee architecture among monolithic Corinthian columns Surrogate’s Court, New York County FREE and a 70-foot ceiling with a Wedgwood dome. Sponsor: NYCLA’s Estates, Trusts, RSVP: [email protected] and write Surrogate’s Court Practice Section ‘Dembitz Lecture’ in the Subject FREE line. Cipriani RSVP: [email protected] and write (More information about this event will 55 Wall Street ‘Lewinson Lecture’ in the Subject line. appear in the April issue.) New York, NY (For more information, please refer to the article on page 4.) For more information about how to participate, please email [email protected]. EMIPS Presents Public Forum on March 11 Practice Of Law Series Legal Ethics You Need to Know ferences, settlement conferences and the NYCLA’s Entertainment, Media, The forum speakers are: Elizabeth April 16 – 6:00 PM trial. Proper courtroom etiquette and Intellectual Property and Sports Law Durkin, partner, Durkin & Durkin, LLP; Speaker: Lewis Tesser behavior will also be discussed. Section (EMIPS) is hosting a free public Mike DiMaggio, associate, Collins, forum, “Representing Athletes in McDonald & Gann, P.C. and former An inside look at the attorney discipline THE PRACTICE OF LAW SERIES Sponsorship and Endorsement Deals,” on executive director of the United process. How to avoid and respond to is FREE for all NYCLA members. The March 11 at 6:30 PM at the Home of Law. Supplement Freedom Association; disciplinary complaints. Professionalism programs are led by experienced attor- Speakers will discuss their representation Christopher Chase, associate, Frankfurt, and civility – not as simple as it appears.
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