Forty-Fourth Street Notes Highlights: UNCHARTED TERRITORY: June 2007 CIVIL COMMITMENT OF SEX OFFENDERS New York City Bar By Barry Kamins, President Presents 2nd Annual Diversity Champion n April 13th, New York became the twentieth The Association remains con- Awards: state to enact legislation that civilly commits cerned, however, with portions Osex offenders after the completion of their of the law that permit civil June 7, Page 11 criminal sentences. The new law creates a sea change in commitment proceedings to be the way our justice system deals with individuals who applied to first-time offenders The Art of Execution: commit sex crimes. Thus, it was hoped that the legisla- whose crimes are not violent. Through the tive process that led to its passage would have been an In addition, the law permits Camera’s Lens: open and collaborative one that accommodated the confinement of individuals June 19, Page 7 views of the various stakeholders and, at the very least, who commit one of seventeen appeared to be transparent. Unfortunately, that was not non-sexual crimes and certain Effective Representation the case; the legislation was drafted behind closed non-violent crimes if a jury finds, after the fact, that Impossible Under doors with little discussion and no opportunity for the offense was motivated by a desire for the actor’s public comment. "sexual gratification." Theoretically, it is possible that Proposed Order such confinement can be for life. In addition, the law Restricting Attorney Access To its credit, the law is an improvement on prior pro- posals. For example, the legislation mandates that con- permits a person already released from his prison sen- to Guantanamo Detainees: tence to be detained again and held for more than Page 10 victed sex offenders have access to treatment from the outset of their sentences. It delegates to mental health sixty days without any finding that he is a dangerous officials, rather than law enforcement officers, the pri- sex offender. Finally, the law contains no assurance City Bar Justice Center’s mary role in selecting offenders for possible civil con- that attorneys who are appointed to handle commit- Annual Gala: finement. In addition, the law provides that except in ment proceedings will be adequately trained in both Page 12 "extreme" cases involving the "most dangerous" offend- the fields of mental health law and criminal law. ers, judges presiding in civil commitment proceedings New York is entering unchartered territory and the CLE: Securities should impose conditions of "strict and intensive concern is heightened by the knowledge that prior to Arbitration & Mediation supervision" rather than confinement in secure institu- the bill’s passage, there was little input from relevant Hot Topics 2007: tions. experts. The experience in other states is troubling. June 5, Page 18 CONTINUED ON PAGE 14 CLE: Current Ethical Issues LAWYERS’ ASSISTANCE PROGRAM for the Entertainment Lawyer: ADDS SUPPORT GROUPS June 4, Page 19 t can feel like there’s never room in the legal profes- "Lawyers are used to being the ones responsible for CLE: Update on sion for lawyers suffering from depression. The taking care of things, for taking care of people. This E-Discovery – Six Months Ihours, the stress the demands: it can make depres- feeling can be an almost insurmountable barrier sion - and other mental disorders - seem even more After the Amendment of towards getting help with depression or other condi- unbearable. From the competitive law school envi- tions – or even to admitting to yourself that you’re the Federal Rules: ronment through achieving partnership, many lawyers suffering." June 6, Page 22 feel as though they can’t confess to suffering from But it doesn’t have to be this way. LAP, already an depression without being humiliated. They further important resource for lawyers suffering from men- Vol. 22, No. 6 worry that any admission of suffering in this way can tal illness or substance abuse, is launching a new pro- hurt them professionally, thanks to a persistent, false ject to try to help: support groups and group thera- stigma regarding mental illness. py for lawyers. This project will reinforce the notion This logically leads to lawyers and law students who that lawyers suffering from depression are not alone, are struggling with or even recovering from clinical that there are others in their position who are also depression feeling very isolated, and avoiding seeking suffering but are learning to overcome the struggles real help. Eileen Travis, head of the Lawyer’s of depression. Assistance Program (LAP) at the City Bar, remarks, CONTINUED ON PAGE 15 A publication of The Association of the Bar of the City of New York 1 COMMITTEE REPORTS–JUNE, 2007 Contents Criminal Justice Operations ment, while at the same time limiting the legal exposure for the Letter to the NYS Assembly Codes Committee urging consider- employer. Uncharted Territory: Civil ation of the Innocence Project’s model legislation, though Commitment of Sex Offenders 1 imperfect, as a first step toward improving the preservation of Legal Issues Pertaining to Animals biological evidence. Report supporting New York City Council bill Intro. No. 44 Lawyers’ Assistance Program which would amend the New York City Administrative Code Adds Support Groups 1 Election Law to prohibit the operation of a horse-drawn cab in any area of A Proposed New York State Constitutional Amendment to the Borough of Manhattan other than in the area inside or Committee Reports 2 Emancipate Redistricting from Partisan Gerrymanders: immediately adjacent to Central Park. Partisanship Channeled for Fair Line Drawing. This report pro- Volunteers Sought for poses a comprehensive amendment of the reapportionment Report supporting A.4897 and S.3529 which would amend Monday Night Law 2 and redistricting provisions of the New York State Constitution. the Agriculture and Markets Law to penalize as a Class A mis- The report urges that a constitutional amendment is necessary demeanor the intentional killing or stunning of any fur-bear- Calendar of Events 4-8 to mandate redistricting criteria, and to guarantee a process for ing animal by means of an electrical current. The report This Month in City Bar History 9 decennial redistricting that will foster electoral competition and argues that while the fur industry uses several methods, responsive government. including gassing, strangulation, and electrocution, to kill ani- Effective Representation Under the proposed amendment a permanent districting com- mals, the method of electrocution is especially painful and Impossible Under Proposed mission would be created. The amendment would also list the traumatic to the animal, and is an inherently cruel and inhu- Order Restricting Attorney criteria on which the Commission’s plan must be based. mane method of killing animals. Access to Guantanamo Though plans for both legislative and congressional districts Detainees 10 would be wholly insulated from legislative review, a plan may be Letter to Governor Spitzer expressing concern with proposed overturned by the state courts if it is clearly erroneous under the budget cuts in two vital animal welfare laws, the Animal New York City Bar Presents criteria of the amendment and would still be subject to review Population Program and the Pet Dealer Licensing Law. 2nd Annual Diversity in federal courts. Champion Awards 11 Lesbian, Gay, Bisexual and Transgender Rights Futures and Derivatives Regulation Report supporting A.7438/S.4794-A, The Gender Expression City Bar Justice Center Letter to the Office of the Comptroller of the Currency, Federal Nondiscrimination Act, which would amend the executive law, Second Annual Gala 12 Reserve System, Federal Deposit Insurance Corporation and the the civil rights law and the education law, to prohibit discrim- Office of Thrift Supervision expressing support for the new risk- ination based on gender identity or expression; and to amend At the Gala in Photos 13 based capital adequacy framework jointly proposed by the the penal law and the criminal procedure law to add gender above agencies. identity or expression to the list of offenses subject to treat- City Bar Center for CLE 16-27 ment as hate crimes. The Act would thereby offer protection Making a Move — Labor and Employment Law to transgender and gender variant people from discrimina- Switching Practice Areas 28 Letter to Governor Spitzer urging the administration to adopt tion, harassment, and assault to the same extent such protec- safe harbor legislation that would absolve employers from neg- tions are now provided to racial minorities and gay and lesbian ligent hiring claims in instances where they hire ex-offenders people under New York law. after receiving and reviewing a valid Certificate of Rehabilitation. The proposed legislation would help ex-offend- Reports are available on the Association’s website, ers reintegrate into society by removing barriers to employ- www.nycbar.org, or by calling 212-382-6624. Forty-Fourth Street Notes VOLUNTEERS SOUGHT FOR Volunteer attorneys must commit to attending the program one Monday evening per month from October 2007, through Jayne Bigelsen Editor MONDAY NIGHT LAW August 2008, at the Association. Volunteers also must attend Michael Silverstein Associate Editor two training seminars, which will be held on Monday, Sept. Curtis&Company Graphic Design The Monday Night Legal Advisory Workshop (LAW), which 17 and Monday, Sept. 24. The sessions are from 5:45 p.m. to begins its 17th year in September, is seeking volunteer attor- 9 p.m. There also will be a supplemental training on small Adele Lemlek neys. Monday Night LAW is designed to address the public's Marketing Director business issues later in the fall. need for affordable and accessible legal assistance by having Alison Fidler Advertising about 15 attorneys available every Monday evening to meet (212) 382-6753 No experience in the topics covered is necessary, but volun- with clients who have been screened by the Association's teers must have been admitted to practice for a minimum of Barbara Berger Opotowsky Legal Referral Service.