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2018 Annual Report Cover and Inside Front Cover.Qxd Table of Contents NYSDA’s 2018 Annual Report: Fulfilling the Mission in Unsettled Weather . 1 Mission Statement . 1 Training: Staying up on Substance, Sharpening Skills. 1 Trial Skills . 1 Family Defense Matters . 2 Continuing & Expanding NYSDA Training. 3 Technical Assistance for Public Defense . 4 Serving Chief Defenders. 4 Public Defense Case Management System . 4 Advocacy for Public Defense Improvement and Client-Focused Reform. 5 Advocating for Legislative Reform. 5 Confronting Societal Issues . 7 2018 Prisoner Pre-entry Mentoring Project . 7 Jonathan E. Gradess Peace and Justice Fund . 7 Amicus Advocacy . 8 New York Sharing Information: Posts and Publications . 8 State Social Media and Website . 8 News Picks from NYSDA Staff and the Backup Center REPORT . 8 Defenders Individualized Direct Defender Services . 9 Association Veterans Defense Program . 10 Inspired to Move Forward Regardless of Forecasts . 10 Annual Report NYSDA’s 2018 Annual Report: People Working to Fulfill the Mission Board of Directors . 13 to the Officers . 13 Directors . 13 Membership Client Advisory Board . 13 NYSDA Backup Center Staff . 14 NYSDA Veterans Defense Program . 14 NYSDA Members and Contributors. 15 Grant Funders . 26 Photo Captions . 27 Membership Application Form . 29 Donation Form: Jonathan E. Gradess Peace & Justice Fund . 30 Annual Report of Directors Pursuant to Not-for-Profit Corporation Law 519 . 31 i ii NYSDA’s 2018 Annual Report: Fulfilling the Mission in Unsettled Weather he elemental principle Some activities focus on the Accredited Provider of of liberty and justice problems of particular types Continuing Legal Education Tfor all takes concrete of clients such as military vet- (CLE), offers high quality form in the right to counsel. erans, whose circumstances programs that provide the Everyone facing incarceration, require specialized attention. CLE credits that lawyers loss of association with one’s Other activities involve advo- need. children, or intrusive govern- cacy on a variety of issues. mental supervision, regardless Many activities involve co- The state funding NYSDA of financial means, needs operation with other entities receives allows it to offer immediate, high-quality legal seeking to ensure justice for affordable local and regional representation. The New York all. programs as well as statewide State Defenders Association conferences, thus improving (NYSDA) works to see that the quality of representation need fulfilled. NYSDA’s MISSION from Lake Ontario to Long NYSDA’s mission is to Island Sound. NYSDA works To achieve its mission, improve the quality and directly with the New York NYSDA conducts an array of scope of publicly supported State Office of Indigent Legal activities. Aspects of those legal representation to Services (ILS) and with pub- activities change over time, low income people. lic defense programs in plan- while core functions continue ning and presenting certain and the mission remains con- training events. Such work is stant. Change occurs to reflect expected to accelerate as state and meet technological Training: Staying up funding to counties for advances, social and political improving public defense developments, pedagogical on Substance, services increases under the improvements, and crises, Sharpening Skills justice equality legislation cel- both anticipated and unex- Law changes. New legislation, ebrated in last year’s Annual pected. This report reflects new court decisions, and new Report. While new opportu- NYSDA’s activities over the regulations bring substantive nities mean new challenges, past 12 months and ongoing, and procedural changes. NYSDA welcomes this form during what might be called a Knowledge increases, altering of unsettled weather and period of “unsettled weather.” how lawyers must deal with anticipates it will bring the forensic science and other right amount of wind for its Some of the services described areas of expertise that may training sails. here flow directly to attorneys affect a case. And social mores Trial Skills who represent clients found change, affecting every niche eligible for public defense rep- of the systems that touch pub- For the first time since insti- resentation. Other services, lic defense clients. Lawyers in tuting its acclaimed Basic Trial including technical assistance, all stages of practice must Skills Program (BTSP) in are offered to public defense keep up on the law and 1987, NYSDA held the event programs. All these activities improve their skills if they are at a new location in June improve the efficiency and to offer quality representation. 2018—Skidmore College in effectiveness of public defense NYSDA, certified by the New Saratoga Springs. While being providers, benefitting not only York State Continuing Legal unable to rely on planning lawyers and programs but also Education Board as an procedures that had developed their clients and funders. NYSDA Annual Report | 2018 1 over three decades—and a few vides “real” experience for the personal challenges that arose “I learned invaluable trial lawyers but also opens a small for coaches and others—made techniques and strategies public window onto the work for some rough patches, feed- that will benefit both my that public defenders do. back from attending lawyers criminal and family court NYSDA hopes to develop indicated that the program panel clients.” more regional basic and was successful and well- advanced skills training pro- —BTSP Attendee received. Credit goes to grams with MCPDO and NYSDA Staff Attorney and other public defense pro- BTSP Director Stephanie A month before BTSP, grams, building on past expe- Batcheller and all who as- NYSDA and the Monroe rience, including BTSP and sisted. Special thanks go to County Public Defender’s the Western New York the coaches—lawyers and Office (MCPDO) presented a Advanced Trial Skills Program communications experts from three-day trial skills workshop of 2014 and 2015. NYSDA is around the country whose in DWI defense. Jill Paperno, engaged in ongoing discus- guidance instilled confidence First Assistant and Training sions about high-quality pub- and built proficiency as par- Director at MCPDO, and lic defense training for ticipants immersed themselves recipient of NYSDA’s 2017 defenders and other members in the full week of hands-on Wilfred R. O’Connor Award, of public defense teams with training. suggested the project. She other entities, including ILS developed the fact pattern and and the Chief Defenders discovery packet for it, and, Association of New York. “Great job — the with NYSDA, designed a pro- participants said things gram that provided the atten- like ‘It was awesome, dees an opportunity to learn “For every N[ot] G[uilty] I awesome, AWESOME!’ skills in case assessment, jury get I credit NYSDA for the And ‘It exceeded my selection, cross-examination, skills I have …. For every expectations and I thought and closing argument. Like homicide trial I win or petit it would be great.’” BTSP, this event involved the larceny I win it come[s] use of community members as back to you guys.” —BTSP Coach the venire for a jury selection —Attorney, prior BTSP Attendee exercise. This not only pro- Family Defense Matters Nearly 200 lawyers and other advocates attended the third statewide parental representa- tion conference, Families Matter, in April 2018. By intentionally addressing issues from and for both upstate and downstate providers, the con- ference provided the statewide network of family defenders a broader range of skills to con- tinue to improve outcomes for families in Family Court matters. As in past years, ILS 2 NYSDA Annual Report | 2018 and the NYS Unified Court Society and Onondaga grants, is an example of how System Child Welfare Court County Assigned Counsel NYSDA’s activities change to Improvement Project cospon- Program); Assigned Counsel meet new developments while sored the conference with Appeals Training in Rochester continuing to further its mis- NYSDA. (with the Appellate Division, sion. The steps NYSDA takes Fourth Department), which to meet its long-standing goal included Family Court of improving the representa- “SHOUT-OUT to all those appeals; and Handling tion provided to clients who who help make the NYSDA’s Assigned Criminal & Family are not United States citizens FAMILIES MATTERS Court Appeals in the Third have changed; the goal CONFERENCE such an Department in Dryden (with remains, and the legal needs awesome success! … [A]ll the Appellate Division, Third of these clients only increase. Department). Family Court helped contribute to this Staff Attorney Lucy McCarthy Like citizens of other coun- wonderful informative, is NYSDA’s point person for tries, clients who are military motivational and training that involves family veterans or service members inspirational experience. defense. present unique representation It was truly wonderful needs, requiring specialized meeting many of the Continuing & Expanding training for their lawyers. UPSTATE practitioners!” NYSDA Training NYSDA’s Veterans Defense Program (VDP) held trainers —Families Matter Conference NYSDA presented or cospon- Attendee from NYC sored many other CLE pro- around the state, from grams in the last year. Hauppauge to Watkins Glen, Training Coordinator Diane on providing quality represen- The fact that public defense Geary accepted a “stay” of the tation in such cases. In the last includes representing parents retirement she took in August twelve months, VDP provid- and those in a parental role 2017, to help while Backup ed twelve trainings
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