NYSBA 2018 | VOL. 17 | NO. 1 Government, Law and Policy Journal A Publication of the New York State Bar Association Produced in cooperation with the Government Law Center at Albany Law School Rural Justice in New York State: Challenges and Recommendations www.nysba.org/LocalandStateGovernment Editor’s Foreword Scott Fein, Esq., Chairman of the Gov- Bradley Murray, Grace Nealon, Carl Raffa, ernment Law Center Advisory Board, Alyssa Rodriguez, Daniel Siegel, and Ty- graciously agreed to be the Guest Editor for ler Stacy, all members of the Class of 2018, this issue of the Journal devoted to access worked extremely hard to help create this to justice in New York’s rural communities. issue. My thanks also to the staff of the Scott is a thoughtful analyst of New York’s New York State Bar Association, most es- legal landscape, so it is fi tting that he would pecially Pat Wood, for their help, expertise assemble these experts to discuss how the and most especially their patience. And legal system can meet the needs of rural last, my thanks to Andy Ayers, Director New Yorkers. of the Government Law Center, for his enthusiasm for this project, and to the The authors of this issue of the Journal Government Law Center’s Rural Law provide us with a portrait of rural New York Institute in particular. and the existing barriers to legal services, current solutions to breaking down those Finally, I take full responsibility for any barriers, and the potential for new and in- fl aws, mistakes, oversights or shortcomings novative programs that can provide further help. in these pages. The errors are entirely my own. Your com- ments and suggestions are always welcome at rbail@alba- I would like to thank our Student Executive Editor for nylaw.edu or at Government Law Center, 80 New Scotland this issue, Gabriella Romero, Albany Law School, Class of Avenue, Albany, New York 12208. 2017, for her professionalism and enthusiasm and ready response to last-minute editing requests. She and her Rose Mary Bailly Albany Law School colleagues, Cylas Martell-Crawford, ~~~~~~~~~~~~ Introduction: Access to Justice in Rural New York By Scott Fein Rural New York offers beautiful vistas, serenity, and access to counsel or public tightly knit communities. The allure is undeniable, but defenders are frequently so is the gritty reality of economically precarious lives, stymied by complex fi nancial isolation and barriers to government services including eligibility fi lings. The rural those required for the administration of civil and criminal justice gap is particularly justice. In 2014, Albany Law School, concerned about the acute on Tribal Lands where resources available to support the administration of jus- the right to counsel is not tice in rural New York, held a “Summit on Legal Support obligatory for all offenses. and Outreach for Rural New York.” New York State has be- The insights and the underlying data provided at the gun to tackle some of these Summit were sobering. Rural New York makes up approx- issues. Efforts are under imately 80 percent of the State’s landmass, yet is home to way to enhance internet and only 8 percent of the State’s population. Personal income technology to foster legal as- is 60 percent below urban counterparts, one of 14 rural sistance. The Offi ce of Court households have no access to a vehicle, and public trans- Administration has provided enhanced training and portation is available in only 27 percent of rural regions. funds to increase the availability of counsel and enhance the skill of those who serve in our Justice Courts. Barriers For those who fi nd themselves in the criminal justice to fi nancial eligibility for access to court appointed coun- system or seek civil justice, obstacles loom. There is one sel are being simplifi ed. But, the justice gap remains. lawyer for every 1,000 residents, a ratio less than one tenth of the lawyer-to-resident ratio state-wide. Low income res- This volume of the Journal seeks to build upon Albany idents in rural areas receive inadequate or no professional Law School’s Rural Summit and to further explore im- legal assistance for an estimated 86 percent of their issues pediments to the administration of justice and its impli- with legal implications. More than 90 percent of those cations in rural areas of our State. We have invited those rural residents who appeared in court for civil matters did familiar with these issues to contribute to this volume and not have counsel. Courts in a signifi cant number of rural offer recommendations that may serve to improve access areas report that on the average at arraignment counsel to, and the quality of, justice. was “seldom or never present.” Those residents seeking 2 NYSBA Government, Law and Policy Journal | 2018 | Vol. 17 | No. 1 2018 | VOL. 17 | NO. 1 Government, Law and Policy Journal Contents Editor’s Foreword Albany Law School Rose Mary K. Bailly Editorial Board Introduction: Access to Justice in Rural New York Rose Mary K. Bailly Scott Fein Editor-in-Chief 2 Behind the Scenery: A Rural New York Portrait Andy Ayers Susan L. Patnode, Julie A. Davies and Lisa A. Frisch Director, Government Law Center 9 Bridging the Justice Gap in Rural New York Kristen Wagner Student Editors 15 Access to Counsel in Local Courts in Rural New York State Gabriella Romero Andrew Davies and Alyssa Clark Executive Editor 22 The Justice Court: Leveraging Their Local Connections Cylas Martell-Crawford John Dow Bradley Murray Grace Nealon 26 Tribal Courts and Access to Counsel: The Breaking of Gideon’s Promise in Carl Raffa Indian Country Alyssa Rodriguez Patrick Wood Daniel Siegel Tyler Stacy 35 Tribal Injustice: The Past, Present, and Future of the Violence Against Senior Editors Women Act Marcella Sgroi Editorial Offi ce 39 Barriers to Providing Civil Legal Services to Rural Clients: A Case Study, Some GLP Journal Innovations, Some Thoughts, but No Final Answers Government Law Center Victoria M. Esposito Albany Law School 80 New Scotland Avenue 47 Securing Safe and Habitable Housing for Low-Income Tenants in Rural New Albany, NY 12208 York: The Role of Landlords, Code Enforcement, and Courts 518.445.2329 Sujata Ramaiah and David Kagle Send Address Changes to: 55 Lacking Lawyers: A Rural Business’ Disadvantage New York State Bar Assoc. Taier Perlman One Elk Street Albany, New York 12207 58 Using Technology to Improve Rural Access to Justice 518.463.3200 Ray Brescia [email protected] 63 Fostering Excellence in the Town and Village Justice Courts Antonio Galvao 65 Report of the New York State Permanent Commission on Access to Justice The Government, Law and Policy Journal welcomes submissions and suggestions on subjects of interest to attorneys employed or otherwise engaged in public service. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the editors, the Government Law Center, or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief for submission guidelines. Material accepted for publication becomes the property of the Association. Copyright © 2018 by the New York State Bar Association. ISSN 1530-3942 (print) ISSN 1933-8414 (online). Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact the Bar Center at (518) 463-3200. Cover Photo: Brett Carlsen/The New York Times/Redux Behind The Scenery: A Rural New York Portrait By Susan L. Patnode, Julie A. Davies and Lisa A. Frisch Introduction The overarching challenge when consider- ing issues facing rural New York is the concept of access. There are obvious access to justice issues, but access challenges for all human services present obstacles for rural residents. Obstacles include lack of public transportation, inadequate safe and affordable housing, physi- cal isolation, persistently stalled economic de- velopment, limited access to quality health care, fewer education and employment opportuni- Susan L. Patnode Julie A. Davies Lisa A. Frisch ties, far fewer grant and philanthropic resources, and the gap in access to technology. When attempting to address the lack of vital legal resources in rural areas, pressed disbelief in the outcome. For organizations these obstacles must be considered and addressed, lest the working in rural areas, the outcome was less of a surprise. programs that are developed only respond to part of the Reviewing the voting patterns in New York, of the 44 problem—and sometimes create problems of their own. rural counties, 43 voted for Donald Trump. This in a state Importantly, new programs must be crafted with, and where Hillary Clinton had wide support for her service as not for, our rural neighbors and on-going evaluation and a United States Senator. replication of promising responses must be part of the While no one can defi nitively know the reason for the process. vote count, it has been suggested that Candidate Trump responded to the perception that rural concerns are largely I. What Is “Rural” New York? ignored. His campaign has been credited with recogniz- In the State of New York, “rural” is defi ned and des- ing that the aggregate voice of rural America was indeed ignated by law as “counties within the state having less powerful. The campaign accused sitting politicians of not than 200,000 population, and the municipalities, indi- recognizing or properly addressing rural concerns.