Counterbalance, Winter 2017, Volume 32, Issue 12
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Remarks by Chief Justice Ralph D. Gants Recognizing Justice Hines Supreme Judicial Court Seven Justice Courtroom John Adams Cour
Remarks by Chief Justice Ralph D. Gants Recognizing Justice Hines Supreme Judicial Court Seven Justice Courtroom John Adams Courthouse Boston, MA May 4, 2017 Supreme Judicial Court Chief Justice Ralph D. Gants made special remarks prior to oral arguments on May 4, 2017, recognizing retiring Supreme Judicial Court Justice Geraldine S. Hines. Justice Hines: When Justice Geraldine Hines was nominated to serve on the Supreme Judicial Court, she pledged to Governor Deval Patrick, "I will labor with every fiber of my being to validate your trust in my ability to be a wise and fair judge of every issue that comes before the court." I can attest, as can every other Justice who has sat with you these past three years, that you have been true to that pledge. You have brought to this court not only your abundant wisdom and fairness, but also your passion for the truth, your enormous capacity to listen (not only to what is said but to what has remained unsaid), your uncommon good sense, your grace, your humor, and your courage. You have patience for all but the pompous. And unsparingly, you speak truth to power. You have been speaking truth to power since you were a small girl growing up in the segregated South, the oldest of ten children, living on the edge of poverty in the heart of Jim Crow. At the age of sixteen, inspired by a mother who, in your words, "prayed without ceasing," you enrolled in Tougaloo College in Jackson, Mississippi. Upon graduation in 1968, you enrolled in the University of Wisconsin Law School, where you joined the Black Student Alliance's efforts to create a black studies department and recruit more black faculty and students. -
COVID-19'S Next Victim?
Photo montage by Cathy Zlomek Maintaining an indefinite pause on jury trials is a tem- COVID-19’s Next Victim? porary response to a global pandemic, not a long-term solution. State courts handle roughly 106,000 trials per year, The Rights of the Accused tens of thousands of which have already been suspended.4 Likewise, many defendants facing criminal charges remain in custody, possibly endangering their right to a speedy trial and further risking exposure to the coronavirus.5 As stay-in- place orders ease and public spaces begin to reopen, jury tri- n May 24, 2020, Benjamin Netanyahu walked als will have to resume in some capacity. into a courtroom in Jerusalem to face charges When this occurs, safety from infection will rightly be Oof corruption. The occasion was momentous at the forefront of everyone’s mind. Toward that end, judges by any measure — Mr. Netanyahu became the first sit- have been developing innovative solutions to protect partic- ting Israeli prime minister to stand trial. But despite ipants, especially jurors. Plans have included, inter alia, these historic charges, the media appeared equally fix- requiring masks, moving trial and deliberations to over- ated on what Mr. Netanyahu was wearing. Why? He large rooms to ensure social distancing, reducing the size of walked into court donning a blue surgical facemask, juror pools, and/or conducting proceedings via video con- consistent with public health restrictions for the coro- ferencing platforms (e.g., Zoom or Microsoft Teams).6 navirus.1 And Mr. Netanyahu was not alone. All of the But while safety is imperative, the integrity of the jury lawyers and judges in attendance also wore masks, system is also sacrosanct. -
Judicial Wellness: the Ups and Downs of Sitting New York Judges by Hon
JUNE 2017 VOL. 89 | NO. 5 JournalNEW YORK STATE BAR ASSOCIATION Judicial Wellness: The Ups and Downs of Sitting New York Judges by Hon. Gerald Lebovits Also in this Issue Performing Artists and the WCL Tax Malpractice Damages Disputing IRS Tax Bills NYSBABOOKS Enhance Your Practice with the 2016-2017 edition of New York Lawyers’ Practical Skills Series . Written by Attorneys for Attorneys. Includes Forms on CD Winner of ACLEA’s Award for Outstanding Achievement in Publications Complete Set of 19 Members save over $1,700 off the list price of the entire series of titles if they purchased them individually 2016–2017 • PN: 40017PS | List: $895 | NYSBA Members $695 Practical Skills Series Individual Titles Arbitration and Mediation (Forms on CD) Limited Liability Companies (Forms on CD) Real Estate Transactions-Commercial Property (Forms on CD) Business/Corporate and Banking Law Matrimonial Law (Forms on CD) Real Estate Transactions-Residential Practice (Forms on CD) Mechanic’s Liens (Forms on CD) Property (Forms on CD) Criminal Law and Practice (Forms on CD) Mortgages (Forms on CD) Representing the Personal Injury Plaintiff Debt Collection and Judgment Mortgage Foreclosures (Forms on CD) in New York (Forms on CD) Enforcement (Forms on CD) New York Residential Landlord-Tenant Social Security Law and Practice Elder Law & Special Needs Planning/ Law and Procedure (No Forms on CD) (No Forms on CD) Will Drafting (Forms on CD) Probate and Administration of Decedents’ Zoning, Land Use and Environmental Law Guardianship (Forms on CD) Estates (Forms on CD) (Forms on CD) Labor, Employment and Workers’ Compensation Law (No Forms on CD) Order online at www.nysba.org/PSS2016 or call 1.800.582.2452 Order multiple titles to take advantage of our low flat rate shipping charge of $5.95 per order, regardless of the number of items shipped. -
Student Impact
SUMMER 2018 NONPROFIT ORGANIZATION US POSTAGE 80 NEW SCOTLAND AVENUE PAID ALBANY, NEW YORK 12208-3494 PERMIT #161 ALBANY, NY 2018 REUNION SEPT. 20-22, 2018 VISIT THE NEW ALUMNI WEBSITE AT: ALUMNI.ALBANYLAW.EDU • VIEW UPCOMING PROGRAMS AND EVENTS • READ ALUMNI NEWS, SPOTLIGHTS, AND CLASS NOTES • SEARCH FOR CLASSMATES AND COLLEAGUES • UPDATE YOUR CONTACT INFORMATION STUDENT IMPACT ALSO SUMMER 2018 A DEGREE FOR ALBANY LAW SCHOOL’S ALEXANDER HAMILTON FIRST 50 YEARS 2017-2018 ALBANY LAW SCHOOL BOARD OF TRUSTEES CHAIR J. Kevin McCarthy, Esq. ’90 Mary Ann Cody, Esq. ’83 James E. Hacker, Esq. ’84 New York, NY Ocean Ridge, FL Albany, N.Y. David E. McCraw, Esq. ’92 Barbara D. Cottrell, Esq. ’84 New York, NY Hudson, NY SAVE THE DATE! VICE CHAIR Daniel P. Nolan, Esq. ’78 Donald D. DeAngelis, Esq. ’60 Debra F. Treyz, Esq. ’77 Albany, NY Delmar, NY Charleston, SC SEPTEMBER 20–22 Timothy D. O’Hara, Esq. ’96 Jonathan P. Harvey, Esq. ’66 SECRETARY Saratoga Springs, NY Albany, NY • Innovative New Reunion Programming Dan S. Grossman, Esq. ’78 Dianne R. Phillips, Esq. ’88 James E. Kelly, Esq. ’83 New York, NY Boston, MA Germantown, NY • Building Upon Established Traditions TREASURER Rory J. Radding, Esq. ’75 Stephen M. Kiernan, Esq. ’62 New York, NY Marco Island, FL Dale M. Thuillez, Esq. ’72 • Celebrating the Classes Ending in 3’s & 8’s Albany, NY Earl T. Redding, Esq. ’03 Hon. Bernard J. Malone, Jr. ’72 Albany, NY Delmar, NY MEMBERS Hon. Christina L. Ryba ’01 Matthew H. Mataraso, Esq. ’58 Jeanine Arden-Ornt, Esq. -
New Fix the Court Research
To: Interested parties From: Tyler Cooper, Fix the Court senior researcher Date: April 2019 Re: Recent incidents of sexual harassment in state courts In this document, we look at recent incidents of misconduct by judges in Arkansas, California, Georgia, NeBraska and New York and policy changes made in those states as a result. Though we will Be adding to this report over time, the overall sense we have now is that it is not only the federal judiciary that has a proBlem of harassment among its ranks, and states confronting harassment in the judiciary each seem to have their own unique, frankly underwhelming, methods of handling complaints and (attempting to) improve overall anti-harassment training and directives. In the end, it looks as if judges accused of misconduct – even those who committed several such acts – can simply retire with full Benefits, as they can at the federal level, and without further examination, save in the Arkansas example. And in the states we’ve looked at so far, no constructive statutory changes have been made that would both deter bad behavior and punish it when it occurs. Instead, there’s Been a hodgepodge of responses: • After his predecessor went to jail, an Arkansas judge Brought cameras into the courtroom as a means to make the judiciary more transparent and restore puBlic trust; • California created its own workplace conduct working group, akin to the one created in the federal courts; • Georgia lawmakers make a 180-degree turn from its previous policy and convinced voters to allow its formerly independent judicial qualifications committee to come under legislative rule; • Illinois mandated anti-harassment training for some judges; and • New York revised its policy on sexual harassment, though not to everyone’s satisfaction. -
Members of the Task Force
New York State Justice Task Force Name Title Chief Judge of the State of New York Hon. Janet DiFiore Chief Judge, Court of Appeals of the State of New York Co-Chairs Hon. Carmen Beauchamp Ciparick Greenberg Traurig LLP; Former Senior Associate Judge, New York Court of Appeals Hon. Deborah A. Kaplan Administrative Judge, New York County Supreme Court, Civil Term Permanent Members Hon. Madeline Singas Associate Judge, New York Court of Appeals Hon. William C. Donnino Co-Chair for the Committee for Criminal Jury Instructions and Model Colloquies and Co-Chair for the New York Unified Court System Guide to New York Evidence Committee; Former Justice, New York Supreme Court, Nassau County Hon. Barry Kamins Aidala Bertuna & Kamins; Former Justice, New York Supreme Court; Administrative Judge, New York City Criminal Court Hon. Judy Harris Kluger Executive Director, Sanctuary for Families; Former Chief of Policy and Planning for the New York Court System, and Administrative Judge, New York City Criminal Court Hon. Hector LaSalle Presiding Justice, New York Supreme Court, Appellate Division, Second Department Hon. Richard B. Lowe III Former Presiding Justice, New York Supreme Court, Appellate Term, First Department Cyrus R. Vance, Jr. District Attorney, New York County Zachary W. Carter Former New York City Corporation Counsel and U.S. Attorney for the Eastern District of New York Dermot Shea Commissioner, New York City Police Department Hon. Richard Giardino Sheriff, Fulton County; Former Fulton County Court Judge Seymour James Barket Epstein Kearon Aldea & LoTurco LLP; Former Attorney- in-Charge, Legal Aid Society Janet Sabel Attorney-in-Chief/Chief Executive Officer, Legal Aid Society Michael Polenberg Vice President of Government Affairs, Safe Horizon Paul Shechtman Bracewell LLP; Former Director of Criminal Justice to Governor Pataki Robert A. -
Justice Lourdes Ventura Honored by Dominican President
VolumeVol.Volume 66, No. 65,65, 80 No.No. 207207 MONDAY,MONDAY,THURSDAY, FEBRUARYFEBRUARY AUGUST 6,10,10, 2020 20202020 50¢ A tree fell across wires in Queens Village, knocking out power and upending a chunk of sidewalk. VolumeQUEENSQUEENS 65, No. 207 LIGHTSMONDAY, OUT FEBRUARY 10, 2020 Photo by Teresa Mettela 50¢ 57,000 QueensQueensQueens residents lose power Vol.Volume 66, No. 65, 80 No. 207 MONDAY,THURSDAY, FEBRUARY AUGUST 6,10, 2020 2020 50¢ VolumeVolumeVol.VolumeVol.VolumeVolume 66,67,66, 65, No. No. 65, 65,65,65, No. 80 8180No. No.No.No. 207 207 207207 MONDAY,MONDAY,MONDAY,THURSDAY,MONDAY FEBRUARY FEBRUARYFEBRUARY, AUGUST AUGUST 10,9, 6,10,10, 2021 20202020 20202020 50¢50¢50¢ Vol.Volume 66, No. 65, 80 No. 207 MONDAY,THURSDAY, FEBRUARY AUGUST 6,10, 2020 2020 50¢ VolumeTODAY 65, No. 207 MONDAY, FEBRUARY 10, 2020 AA tree tree fell fell across across wires wires in50¢ in TODAY A tree fell across wires in Queens Dems set ballot for Queens Supreme CourtQueens election Village, knocking TODAY QueensQueens Village, Village, knocking knocking outout power power and and upending upending Aout tree apower chunkfell across and of sidewalk. upending wires in a chunka Photochunk byof Teresaofsidewalk. sidewalk. Mettela VolumeQUEENS 65, No. 207 LIGHTSMONDAY, OUT FEBRUARY 10, 2020 QueensPhoto Village, by Teresa knocking Mettela 50¢ VolumeVolumeQUEENSQUEENS 65, 65, No. No. 207 207 LIGHTSduring intenseMONDAY,MONDAY, OUT FEBRUARY FEBRUARY 10, 10, 2020 2020 Photo by Teresa Mettela 50¢50¢ QUEENSQUEENSQUEENS LIGHTS57,000 QueensQueens OUT out power and upending 57,000 QueensQueensQueensQueens a chunk of sidewalk. 57,000 QueensQueensQueensQueens Photo by Teresa Mettela VolumeAUGUSTQUEENSQUEENS 65, No. -
CARES Fund Disbursement Detailed
THE HOLTON INSIDE SALUTE GOFF, KAN. Enter this Hometown of week’s Football Max Niehues Pick’em Holton Recorder subscriber Contest! for 14 years. RECORDERServing the Jackson County Community for 153 years See pages 6A-7A. Volume 153, Issues 81 & 82 HOLTON, KANSAS • Mon./Wed. Oct. 12 & 14, 2020 26 Pages $1.00 CARES fund New flagpole up at Linscott Park By Brian Sanders Many young people in the disbursement Holton school district took ad- vantage of a day off on Mon- day for staff develop ment — some could be found taking detailed advantage of the play area at Linscott Park that afternoon. By Ali Holcomb the polling location was moved In another part of the park, Funds from Jackson Coun- to the Royal Valley Elementary a Holton High School student ty’s $2.9 million share of the School gym. spent Columbus Day involved Coronavirus Aid Relief and Eco- Members of the Hoyt City in hoisting a new, 30-foot flag- nomic Security (CARES) Act Council sought CARES Act pole between the two military have been allocated to a variety funds from the county to help monuments located at the of businesses, school districts, remedy the issue. park, with some help from the organizations and projects, but A total of $40,000 in CARES city’s electrical distribution not everyone is happy with their Act funds were allocated and depart ment and others. share. divided up between each of the The flagpole is one part of a During the Hoyt City Council county’s nine towns, and dis- three-part Eagle Scout project meeting last week, which was bursements included: undertaken -
Seeing the Future of Child Support with Open Eyes by Bethany Roberts and Casey E
Your Partner in the Profession | July/August 2020 • Vol. 89 • No. 6 Cigarettes and Tobacco Sale and Use Case: City Home Rule Prevails by Mike Heim P. 26 Kansas Child Support 2020: Seeing the Future of Child Support with Open Eyes by Bethany Roberts and Casey E. Forsyth P. 36 Mira Mdivani Charles E. Branson KBA Immediate Past President KBA President 2020-2021 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit card NEW CASE and eCheck payments online. Card Number **** **** **** 4242 Powerful Technology Developed specifically for the legal industry to ensure comprehensive security and trust account compliance Powering Law Firms Plugs into law firms’ existing workflows to drive cash flow, reduce collections, and make it easy for clients to pay Powering Integrations The payment technology behind the legal industry’s most popular practice management tools Powered by an Unrivaled Track Record 15 years of experience and the only payment technology vetted and approved by 110+ state, local, and specialty bars as well as the ABA ACCEPT MORE PAYMENTS WITH LAWPAY 888-281-8915 | lawpay.com/ksbar POWERING PAYMENTS 26 | Cigarette and Tobacco Sale and Use Case: FOR THE City Home Rule Prevails by Mike Heim Trust Payment IOLTA Deposit 36 | Kansas Child Support 2020: Seeing the Future Amount LEGAL of Child Support with Open Eyes by Bethany Roberts and Casey E. Forsyth $ 1,500.00 INDUSTRY Reference Cover Design by Ryan Purcell The easiest way to accept credit card NEW CASE and eCheck payments online. Special Features Card Number 11 | Kansas Bar Foundation Fellows Recognition (as of June 2020) .................................. -
2020 KBA Awards Avoiding a Quagmire
Your Partner in the Profession | September/October 2020 • Vol. 89 • No. 7 2020 KBA Awards P. 14 Avoiding a Quagmire: Acquiescence in a Judgment as a Bar to Appeal by Casey R. Law P. 30 POWERING PAYMENTS FOR THE Trust Payment IOLTA Deposit Amount LEGAL $ 1,500.00 INDUSTRY Reference The easiest way to accept credit, NEW CASE debit, and eCheck payments Card Number **** **** **** 4242 The ability to accept payments online has become vital for all firms. When you need to get it right, trust LawPay's proven solution. As the industry standard in legal payments, LawPay is the only payment solution vetted and approved by all 50 state bar associations, 60+ local and specialty bars, the ABA, and the ALA. Developed specifically for the legal industry to ensure trust account compliance and deliver the most secure, PCI-compliant technology, LawPay is proud to be the preferred, long-term payment partner for more than 50,000 law firms. ACCEPT MORE PAYMENTS WITH LAWPAY 888-281-8915 | lawpay.com/ksbar POWERING PAYMENTS FOR THE 14 | KBA Awards Trust Payment 30 | Avoiding a Quagmire: Acquiescence in a IOLTA Deposit Judgment as a Bar to Appeal by Casey R. Law Amount LEGAL $ 1,500.00 INDUSTRY Reference Cover Design by Ryan Purcell The easiest way to accept credit, NEW CASE debit, and eCheck payments Special Features Card Number 23 | KBA’s Virtual Annual Meeting—Literally FABULOUS ........................... **** **** **** 4242 The ability to accept payments online has Karla Whitaker become vital for all firms. When you need to 44 | Washburn Law Clinic: Clinic in the Time of Coronavirus...................Michelle Y. -
Volume 310, No. 3 Opinions Filed in October-December 2019
REPORTS OF CASES ARGUED AND DETERMINED IN THE SUPREME COURT OF THE STATE OF KANSAS REPORTER: SARA R. STRATTON Advance Sheets, Volume 310, No. 3 Opinions filed in October-December 2019 "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals" (USPS 007-480) are published every month ex- cept February, June, August, and October by the State of Kansas, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612- 1598. Periodical postage paid at Topeka, Kansas. POSTMASTER: Send address changes to "Advance Sheets of the Kansas Supreme Court and Kansas Court of Appeals," State Law Librarian, Kansas Judicial Center, 301 West 10th, Topeka, Kansas 66612-1598. Price List for Official Reports Subscriptions (bound vol. and adv. sheets) .................... $65.00 Current Bound Volume Subscription (each) ................ 60.00 Noncurrent and Reprint Volumes (each) ...................... 60.00 Advance Sheets (each) ................................................... 15.00 Rule Book (each) ............................................................ 25.00 To order please contact State Law Library @ 785-296-3257 or email [email protected] COPYRIGHT 2020 BY Sara R. Stratton, Official Reporter For the use and benefit of the State of Kansas JUSTICES AND OFFICERS OF THE KANSAS SUPREME COURT _____ CHIEF JUSTICE: 1 HON. LAWTON R. NUSS ...................................................... Salina JUSTICES: 2 HON. MARLA J. LUCKERT ............................................... Topeka HON. CAROL A. BEIER ................................................... -
Selection to the Kansas Supreme Court
Selection to the Kansas Supreme Court by Stephen J. Ware NOVEMBER KANSAS 2007 ABOUT THE FEDERALIST SOCIETY Th e Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers, law students, scholars, and other individuals, located in every state and law school in the nation, who are interested in the current state of the legal order. Th e Federalist Society takes no position on particular legal or public policy questions, but is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our constitution, and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. Th e Federalist Society takes seriously its responsibility as a non-partisan institution engaged in fostering a serious dialogue about legal issues in the public square. We occasionally produce “white papers” on timely and contentious issues in the legal or public policy world, in an eff ort to widen understanding of the facts and principles involved, and to continue that dialogue. Positions taken on specifi c issues in publications, however, are those of the author, and not refl ective of an organization stance. Th is paper presents a number of important issues, and is part of an ongoing conversation. We invite readers to share their responses, thoughts and criticisms by writing to us at [email protected], and, if requested, we will consider posting or airing those perspectives as well. For more information about Th e Federalist Society, please visit our website: www.fed-soc.org.