CIVIL RIGHTS COMMITTEEPUBLIC FORUM:

SCREENING OFDOCUMENTARYCLIP ABOUTWILLIAMKUNSTLERJANUARY 10

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I N S I D E

by Allison Slotnick

On November 7, NYCLA’s Justice Centerand the Justice Resource Center (JRC), a non-profit that works closely with the New YorkCity Department of Education, hosted a law-related education training seminar for 21 NewYork City public high school teachers as part ofNYCLA’s Youth Law Education Project.

The training was a component of a largerinitiative designed to provide the more than35,000 high school students enrolled in law-related education courses with informationabout their rights and responsibilities. Thereare currently 88 law-cluster and 12 small highschools using law-related curricula. The JRCworks with the Department of Education todevelop specially designed programs for thesestudents and curriculum materials for theteachers..

NYCLA President Edwin DavidRobertson; Hon. Joseph Kevin McKay, ViceChair, NYCLA Justice Center; Hon. RichardLee Price, Chair, NYCLA Law-RelatedEducation Committee; Debra Lesser,Executive Director, JRC; and Marilyn Flood,Counsel to NYCLA, delivered the welcomingremarks to teachers at the seminar.

The training seminar familiarized teacherswith the topics covered in four chapters of thesecond edition of the Youth Law Manual, a23-chapter handbook covering everythingfrom basic areas of the law such as civilrights, sexual harassment and landlord/tenantlaw to an overview of the U.S. governmentand the legal system.

Prior to the seminar, the teachers selectedfour subjects contained in the Manual that theywanted to learn more about: Immigration Law,Consumer Rights in the Age of the Internet,Criminal Law and Family Law. Sessions wereled by experts in each field: Eugene Glicksman,Co-Chair, NYCLA Immigration and

Nationality LawC o m m i t t e e ;Brian Rauer,Chair, NYCLACyberspace LawCommittee; GaryWeil, AssistantDistrict Attorney(Bronx) andMember, NYCLAL a w - R e l a t e dE d u c a t i o nCommittee; and

David Lansner, Member, NYCLA Family Lawand Child Welfare Committee and NYCLABoard of Directors. The teachers provided valu-able feedback on the Manual.

This new Manual has been significantlyexpanded and revised since the original 11-chapter version was published in 1996 andincludes lists of useful internet sites at the end ofeach chapter. The new edition will be distributedto 100 New York City high schools and isexpected to reach more than 15,000 students.

Ms. Slotnick is the CommunicationsAssistant at the New York CountyLawyers’ Association.

On November 15, Edwin David Robertson,NYCLA President, testified at the first publichearing held by the New York State AssemblyStanding Committee on the Judiciary toexamine the selection process of StateSupreme Court Justices. In January 2006, U.S.District Judge John Gleeson, in Lopez-Torresv. NYS Board of Elections, found that NewYork’s current judicial convention nominationsystem violated the First Amendment to theUnited States Constitution; in August, hisdecision was upheld by the U.S. Circuit Courtof Appeals for the Second Circuit.

Mr. Robertson called for a constitutionalamendment providing for a commission-basedappointive system that would best serve theinterests of the public, the courts and all par-ticipants in the judicial process. This remedywas also proposed by Mark H. Alcott, NewYork State Bar Association President; BarryKamins, New York City Bar AssociationPresident; and Victor A. Kovner, a formerCorporation Counsel and current Chairman ofthe Committee for Modern Courts.

In his opening remarks, Mr. Robertsondeclared, “NYCLA believes that the public’srespect for the judiciary is strengthened wherethe judicial selection process not only meetsstate and federal constitutional requirementsbut also limits political control of the selectionprocess, expands the diversity of the bench,and ensures that the criteria for judicial servicerelate solely to qualifications and experience.”He continued, “For more than 30 years, it hasbeen NYCLA’s position that the goals thathave been referred to above in our testimonyare best achieved through a commission-based

appointive system for judicial selection, withclearly defined standards that focus on quality,integrity and independence.”

Throughout his testimony, Mr. Robertsoncited the conclusions drawn by NYCLA’s TaskForce on Judicial Selection, co-chaired byRosalind S. Fink, NYCLA Past President, andSusan B. Lindenauer, NYCLA Board member,created to make recommendations to theCommission to Promote Public Confidence inJudicial Elections (also known as the FeerickCommission, named for its chair, John D.Feerick, the former dean of Fordham LawSchool). Mr. Robertson referred to a May2006 Task Force report, “Judicial Selection inNew York State: A Roadmap to Reform,”

which detailed the selec-tion and responsibilities ofa Statewide JudicialSelection Commission.This Commission, he said,“would supervise the func-tions of the DistrictJudicial Selection Panels,create a code of conductfor the Panel members, anddevelop policies for judi-cial recruiting to aid inmeeting the goal of judicialdiversity. The Commissionwould be given monitoringresponsibilities that wouldinclude the power toremove panel memberswho do not comply withestablished codes and poli-cies.”

Looking ahead to 2007 when an estimated41 Supreme Court seats will be up for election,Mr. Robertson acknowledged that the NYCLAproposal would take at least three years toimplement. He said that an immediate interimsolution was needed to resolve that issue andthe proposals made by Hon. Michael A.Cardozo, Corporation Counsel, offer a startingpoint for the interim solution. Mr. Robertsonemphasized that any interim solution shouldhave a strict sunset provision to preclude theshort-term band aid from being taken as along-term answer.

The long-term solution, NYCLA believes,

NYCLA President testifies at NYS Assembly hearing on judicial selection

NYCLA trains teachers on law-related education

D e c e m b e r 2 0 0 6 V o l u m e 2 / N u m b e r 1 0V i s i t u s a t w w w . n y c l a . o r g

MEMBER PROFILEMARK BARRY ROSEN

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See TESTIFIES Page 17

WOMEN’S RIGHTSCOMMITTEECO-SPONSORSPROGRAM ONVIOLENCEAGAINST WOMEN

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MESSAGE FROM THEPRESIDENT

OLD YEAR,NEW YEAR

EDWIN DAVID ROBERTSON

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Edwin David Robertson (middle), NYCLA President, testifiesas Susan B. Lindenauer (left) and Rosalind S. Fink (right), co-chairs of the Task Force on Judicial Selection, look on.

EugeneGlicksman

GaryWeil

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D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 3

DECEMBERNYCLA’S 92ND ANNUAL DINNER: HONORING LAW SCHOOLSTuesday, December 126:30 PMPlace: Waldorf Astoria Hotel – 44th Street and ParkAvenueDinner Chair: John D. FeerickWilliam Nelson Cromwell Awardee: Richard J.Bartlett, Bartlett, Pontiff, Stewart & Rhodes, P.C.For more information, contact: Christina Andujarat 212-267-6646, ext. 221 or email at can-dujar@nycla.org.

JANUARY ’07PUBLIC FORUM: “DISTURBINGTHE UNIVERSE: RADICALLAWYER WILLIAM KUNTSLER”Wednesday, January 106:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREEFilm clip of upcoming documentary followed by adiscussion about Mr. Kuntsler’s legacy in today’sworld.Speakers: Michael Ratner, Esq., President, Centerfor Constitutional Rights, and documentary’s co-directors, Sarah Kuntsler, Esq. and Emily KuntslerSponsor: Civil Rights CommitteeCo-Sponsor: Labor Relations and EmploymentLaw CommitteeRSVP: dlamb@nycla.org and write ‘January 10forum’ in Subject line.

FEBRUARY ’07JUDICIAL RECEPTIONThursday, February 15:45 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREEHonors Newly Elected, Appointed, Re-elected andRe-appointed State and Federal Judges

Sponsors: Supreme Court Committee and theCriminal Court Judges AssociationRSVP: candujar@nycla.org and write ‘JudicialReception’ in Subject line.

IDA B. WELLS-BARNETT JUSTICEAWARD RECEPTIONThursday, February 226:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREESponsors: Minorities and the Law Committee andthe Metropolitan Black Bar Association(More information about the reception will beincluded in the January/February ’07 issue.)

PUBLIC FORUM: THE 8TH ANNUALNASD LISTENS... AND SPEAKSDate: To Be Determined5:00 PMPlace: NYCLA Home of Law – 14 Vesey StreetFREESpeakers: Elizabeth R. Clancy, Esq., VicePresident, NASD Dispute Resolution, and Director,Northeast Regional Office, and Katherine M. Bayer,Esq., Deputy Director, Northeast Regional Office,NASD Dispute ResolutionModerator: Martin L. FeinbergSponsor: Arbitration and ADR CommitteeCo-Sponsors: Labor Relations and EmploymentLaw Committee and Securities & ExchangesCommitteeMs. Clancy and Ms. Bayer will discuss new initia-tives, including: the discovery arbitrator pilot, newrules regarding arbitrator classification and the dig-ital recording of arbitration hearings, proposed rulesregarding motions to dismiss, the arbitrators’ soleauthority to issue subpoenas, payment of a $200honorarium to arbitrators when they issue contestedsubpoenas, representation of parties in arbitrationand mediation, and written explanations in arbitra-tion awards. A Q&A will follow the presentation.

Events are subject to change; please check the Association’s website, www.nycla.org, for schedule changes and additions.

C A L E N D A R O F E V E N T S

Arbitrators and MediatorsNeeded…3Article 81 Training…7Attorneys Guide…6Book Review…13CLE Programs…7CLE Tech Programs…13Conference examines the New YorkCity Family Court in the 21st

Century…6Events Calendar…3Holiday Discounts…4Join the Bar of the U.S. SupremeCourt…4Law Student Membership…8Library Notes…13Member Profile…3Membership…4Message from the CLE Director…7Message from the President…5Metropolitan Museum ConcertSeries…16New Committees…4

Norman L. Reimer named ExecutiveDirector of NACDL…6NYCLA Express…8NYCLA president testifies at NYSAssembly hearing on judicial selec-tion…1NYCLA screening clips of upcomingdocumentary on WilliamKunstler…3NYCLA trains teachers on law-related education…1Office Benefits…16Past Events…10Professional Liability Insurance…17Public Policy Developments…11Sustaining Members…4Tax Deductible…3Volunteers Needed for uncontesteddivorce project…4Welcome New Members…14William Barthman Jewelers…10 Women’s Rights Committee cospon-sors program on violence againstwomen…11

T A B L E O F C O N T E N T S

DIRECTIONS TO NYCLANYCLA is located at 14 Vesey Street betweenBroadway and Church, across the street from St.Paul’s Chapel and around the corner from City Hall.By Subway: 2 and 3 to Park Place; A, C and Eto Chambers Street; 4, 5 and M to Fulton Street.By Bus: M103 to City Hall; M1 and M6 to Fulton Street

SUBSTANCE ABUSEHOTLINE

Attorneys, judges, law students and membersof their immediate families can get confiden-tial help with alcohol or substance-abuseproblems 24 hours a day, seven days a week,by calling the toll-free hotline 800-255-0569.

December 1-15Don Savatta212-983-6000

December 16-31David Wirtz

212-583-2699

January 1-15Richard Maltz212-705-4804

January 16-31Albert Mitzner212-564-1250

ETHICS HOTLINE

MEMBER PROFILEName: Mark Barry RosenResidence: New York, New YorkWorkplace: Department of Law and Police Science,John Jay College of Criminal Justice;Law Offices of Mark B. Rosen Admitted to the Bar: 1975Education: Alfred University, B.A.; Brooklyn LawSchool, J.D.

NYCLA Member since 2005

Q. Why did you join NYCLA?A. Initially I was looking for a way to satisfy my own CLE requirements. I wasattracted to NYCLA by the interesting and wide range of CLE program offerings. I metsome wonderful people when I attended NYCLA’s CLE courses, which has led to anincrease in my participation in NYCLA committee programs.

Q. What do you enjoy most about practicing law?A. The opportunity to make a difference in someone’s life. We all spend so much timetrying to manage our adversarial system of laws that we may lose touch with the factthat we are there to represent clients and help them solve problems. I teach several lawclasses at John Jay College of Criminal Justice. Students are often like clients; theyhave an unrealistic view of the law and the system of justice. I enjoy the moments whenI can help manage the client, the system and the other side and lead people to solutions.

Q. What do you do when you are not practicing law?A. Hiking, backpacking and driving my 20-year-old Toyota Land Cruiser off road, agood book and time with friends and family.

The Joint Committee on Fee Disputesand Conciliation is seeking arbitrators andmediators for its Part 137 Attorney-ClientFee Dispute Program, which provides forthe resolution of fee disputes betweenattorneys and clients through arbitrationand mediation.

Under Part 137, attorneys retained on orafter January 1, 2002 for civil matters (per-sonal injury and criminal cases are not cov-ered) are required to submit fee disputes to

arbitration. This applies to disputedamounts between $1,000 and $50,000.

Attorneys admitted to the bar for atleast five years are encouraged to apply. Atraining session is scheduled for Thursday,February 1, 2007 from 8:30 AM-4:30 PM.Please send a resume and cover letterhighlighting any relevant experience toLois Davis, Director of Pro BonoPrograms, at ldavis@nycla.org byThursday, January 25, 2007.

ARBITRATORS AND MEDIATORS NEEDED

by Allison Slotnick

NYCLA’s Civil Rights Committee willhost a screening of clips from the upcomingdocumentary, “Disturbing the Universe:Radical Lawyer William Kunstler,” onWednesday, January 10 at 6:00 PM. Thescreening will be followed by a receptionand discussion on how Mr. Kunstler’s rad-ical actions relate to contemporary civilrights issues. Speakers will be the film’s co-directors, Mr. Kunstler’s daughters, EmilyKunstler and Sarah Kunstler, Esq., andMichael Ratner, Esq., President of theCenter for Constitutional Rights.

The documentary follows Mr.Kunstler’s life as he rose to becomedirector of the American Civil LibertiesUnion, co-founder of the Center forConstitutional Rights and, most notably, anattorney known for taking on radical andcontroversial clients. Among Mr.Kuntsler’s clients were American soldierswho refused to fight during the first GulfWar, citing conscientious objections, andthe ‘Chicago Seven,’ who were chargedwith inciting riots during the 1968Democratic National Convention.

Mr. Ratner, a former human rights lawprofessor at Columbia and Yale LawSchools, will look at the controversiallawyer’s legacy in light of recent events. Mr.Ratner has acted as principal counsel in thesuit to close the camp for HIV-positiveHaitian refugees on Guantanamo Bay andco-authored Guantanamo: What the WorldShould Know. He was selected as one of the

100 most influential lawyers by the NationalLaw Journal and recently received theLennon Ono Peace Grant on behalf of theCenter for Constitutional Rights.

Mr. Kunstler’s daughters will discussthe more personal side of the notedattorney, including what it was like to bethe children of such a public figure. EmilyKunstler is a former video producer forDemocracy Now! and co-produced“Tulia, Texas: Scenes from the Drug War,”which won Best Documentary Short at theWoodstock Film Festival and was key inexonerating 35 wrongfully convicted indi-viduals. Sarah Kunstler is a former photog-rapher for the New York City Departmentof Parks & Recreation and media directorfor the William Moses Kunstler Fund forRacial Justice. She is currently a criminaldefense attorney.

The screening will be co-sponsored bythe Labor Relations and Employment LawCommittee and the Center forConstitutional Rights.

Ms. Slotnick is the CommunicationsAssistant at the New York CountyLawyers’ Association.

NYCLA screening:

Clips of upcoming documentaryon William Kunstler

4 D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r

Sustaining MembersSustaining Members enable the

Association to remain committed to impor-tant pro bono projects, assist us in advo-cating for legal services for the indigent andsupport the growth of our exceptionalBusiness Law Center.

Please join this distinguished group of yourcolleagues. We will add your name to NYCLA’sHonor Roll of Sustaining Members at the Homeof Law and recognize you in our publications.

Become a Sustaining Member now and beour guest at a special reception with the hon-orees at the 92nd Annual Dinner at the Waldorf-

Astoria – “Honoring Law Schools” – DinnerChair, John D. Feerick, December 12, 2006.

I WOULD BE PROUD TO SUPPORTTHE VITAL WORK OF THE ASSOCIA-TION. PLEASE ADD MY NAME TONYCLA’S SUSTAINING M`EMBERS.

To join this distinguished group, pleasecall Harriet Astor at 212-267-6646, ext. 212 oremail hastor@nycla.org.

Sustaining Member dues are $550/year.

Training: Monday, January 22, 2007,6:00-9:00 PM

In keeping with NYCLA’s mission toprovide “free legal services for the indi-gent, low-income and other persons inneed,” the Pro Bono Department isrecruiting volunteers for our Pro BonoUncontested Divorce Project. Volunteerswill receive training on how to initiate andhandle an uncontested divorce – from theinitial interview, to preparing and filing thesummons and complaint, and then fol-lowing through to judgment. Upon comple-tion of the training, volunteers will beadded to our referral list and notified via

email when we receive a request from anindividual in need of representation.

Mentors will be available to give adviceon procedural and substantive questionsthat may arise.

Volunteers must be NYCLA membersin order to participate and are obligated tohandle at least one uncontested divorcecase.

If you are interested in participating inthe training on January 22, please emailLois Davis, Director of Pro BonoPrograms, at ldavis@nycla.org.

SPACE IS LIMITED, SORESERVE A SPACE EARLY.

Volunteers needed for Pro BonoUncontested Divorce Project

by Harriet S. Astor

The Association welcomes new mem-bers to the Home of Law at four Meetand Greet receptions each year. InJanuary, the Membership Departmentheld a champagne reception to welcomein the new year. In May, we hosted a“Cinco de Mayo” reception, in Octoberwe had a “Halloween Reception” and inAugust there was a “Summer Break”Meet and Greet. Whatever the theme,conversations at these events are alwaysspirited; board members and committeechairs give great tips on job hunting andcommittee participation. New membersare often surprised to learn thatNYCLA’s committees are truly open toall members, including law studentmembers – there is no waiting list, nofee and no required sponsorship. Severalnew members have literally gone rightfrom a reception to join committeemeetings in progress.

There are always conversations aboutour free networking and mentoring pro-grams and free access to online researchin the NYCLA Library. Members aredirected to NYCLA’s website to find outmore about the amazing member bene-fits available, including discountedtickets to concerts, lectures and theater,as well as fitness clubs (New YorkHealth & Racquet Club, Crunch andEquinox), Brooks Brothers, J&R,Staples and much more.

The next Meet and Greet receptionwill be held on January 11, 2007 whenwe will welcome the new year and ournew members with a champagne toast.PLEASE JOIN US!

My best wishes for a happy holiday anda healthy New Year.

Ms. Astor is Director of the MembershipDepartment at New York CountyLawyers’ Association.

Membership

Michael Carlson, Hon. EileenNadelson and Holly Haassampled the brews.

Keith Roussel, Corey M. Shapiro and Roy F. Gerardfeasted on the offerings.

NYCLA DUES ARE TAX DEDUCTIBLEBoth NYCLA and its Foundation are qualified tax-exempt organizations under Section 501(c) (3) of the Internal Revenue Code and are not affected by the provisions in the RevenueReconciliation Act of 1993 dealing with lobbying and political expenditures.

NEW COMMITTEESNYCLA is considering forming two new committees: Military Law and Education Law.We would like to gauge members’ interest before we proceed.If you are interested in joining and helping to work on a Committee on Military Law, pleaseemail Daniel Kornstein at dkornstein@kvwmail.com.If you are interested in joining and helping to work on a Committee on Education Law,please email David Lansner, dlansner@lanskub.com.

NEW YORK COUNTY LAWYERS’ ASSOCIATION

Join the Bar of the U.S. Supreme CourtNYCLA’S Committee on the Supreme Court of the U.S. invites you to join the NYCLADelegation on March 19, 2007 for admission to the Bar of the U.S. Supreme Court.Submit your application packet to NYCLA by February 15, 2007. Applicants must have beenadmitted to a State Bar for at least three years in order to participate:

1. Obtain an application from Ruth Zipper by emailing her at rzipper@nycla.org.2. Complete the application.3. Prepare a check for $100 payable to the U.S. Supreme Court.4. Obtain a certificate of good standing from the Appellate Division where admitted.5. Submit application, check and certificate to: Ruth Zipper, NYCLA, 14 Vesey Street, NewYork, NY 10007, by February 15, 2007.PLEASE NOTE: SPACE IS LIMITED TO 15 LAWYERS.For additional information, call 212-267-6646, ext. 223.

PLEASE JOIN US AS WE WELCOME NEW NYCLA MEMBERS AND THE NEW YEAR WITH A CHAMPAGNE TOAST

Thursday, January 11, 2007 - 6:00 PM

Home of Law14 Vesey Street(between Broadway and Church Street)

Meet NYCLA leaders and learn about the benefits of membership.

RSVP: Katharine Wells at kwells@nycla.org or call her at 212-267-6646, ext. 209.

OKTOBERFEST

NYCLA held its annualOktoberfest Reception & BeerTasting for new associates onOctober 25 at the Home of Law.Over 130 members and guestssampled Belgium and Germanbeer and feasted on Bratwurstand Kreinerwurst. They alsohad an opportunity to talk withcommittee chairs and hearremarks by NYCLA’s PresidentEdwin David Robertson,Hadaryah Morgan, Co-Chair ofthe Minorities and the LawCommittee, and NYCLAmember Darin Wizenberg.

D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 5

As I write this message, the year2006 is rapidly coming to a close. OnDecember 12, NYCLA’s AnnualDinner for the Bench and Bar ushers inthe holiday season as we honor the lawschools that have nurtured our profes-sion. That gala event will help us allfocus on the new year, which presentstwo new challenges that no oneexpected 12 months ago.

New York State’s Proposed RulesSome time between now and

January 15, 2007, New York practi-tioners will have a definitive set of newrules governing attorney advertising.As I have mentioned in earlier mes-sages, these Proposed Rules wereissued in June when the court system’sadministrative board solicited publiccomments before the rules’ effectivedate. Both the bar and the media sub-mitted dozens of comments, com-plaints and suggestions about theProposed Rules, and the PresidingJustices are now completing the finalset of rules. There have been manyrumors about how extensive the revi-sions will be. Whatever happensthough, it seems reasonably clear thatsome major changes will be made tothe current set of rules. NYCLA andNew York’s other bar associationsawait release of these new rules thatwill govern how we can ethicallyadvise both existing and potentialclients about the availability of ourlegal services. Upon issuance of thenew rules, NYCLA will quickly offerthe necessary CLE programs to help usall learn what we must do.

Selection of Judgesin New York State

The second big challenge in the NewYear will involve answering the ques-tion, “How will New York select itsSupreme Court Justices?” In midNovember, the New York StateAssembly’s Judiciary Committeebegan hearings to obtain informationnecessary to respond to a FederalAppeals Court’s landmark decision inLopez-Torres v. Board of Elections.The New York State Legislature andour new Governor will now determinehow New York should proceed to selectthe men and women who sit on thebench of the Empire State’s highesttrial court.

In early 2006, a Federal DistrictCourt in the Eastern District of NewYork issued a preliminary injunctionfinding that it was likely that NewYork State’s current system for

selecting Supreme Court Justices vio-lated the United States Constitution.The injunction itself, which the courtconsidered “narrow,” decreed thataspirants to the Supreme Court benchmust be nominated only through directand open primaries as a precursor toappearing on the November ballot.Since the early 1920s, political partyconventions nominated the candidateswho appeared on the ballot. TheDistrict Court held that those conven-tions, in practice, violated the feder-ally guaranteed rights of potentialcandidates and voters. Faced with theprospect of open political primariessubject to all of the rough and tumblecharacteristics of fundraising, speechmaking and endorsements, the defen-dants sought to stay the lower court’sruling pending a ruling by the FederalAppeals Court. The District Courtgranted a stay of its own injunctionpending appeal, and that stay effec-tively permitted political parties to usethe convention system to nominate thecandidates who appeared on theNovember 2006 ballot. If that stay hadnot been granted, then each candidatefor the bench would have faced theunexpected prospect of having to raisehundreds of thousands of dollars to runin an open primary.

During the summer,the United State Courtof Appeals for theSecond Circuit heard theappeal on an expeditedbasis and issued a unan-imous ruling thataffirmed the lowercourt’s decision.

The effect of thatAppeals Court decisionmeans that beginning in2007, our SupremeCourt judges will beselected either throughdirect party primariesfollowed by the general election orby some “other” means. TheGovernor and Legislature now facethe prospect of enacting that “other”means or, failing that legislativeaction, seeing our Supreme Courtbench selected through direct pri-maries and the general election.Meanwhile, a number of bar groupsacross the state are taking positionsand issuing reports urging theLegislature to act promptly and spareNew York the prospect of selectingSupreme Court candidates throughdirect open primaries as a precursorto a general election process.

Three years ago, NYCLA estab-lished a Task Force to evaluate thejudicial selection process. We are allindebted to Task Force Co-Chairs, PastPresident Rosalind S. Fink and Boardmember Susan B. Lindenauer, for theirleadership in addressing the manynuances of the system for selectingjudges in New York State. NYCLA’sreport on this topic, “A Roadmap toReform,” appears on our website. In anutshell, this Task Force report recom-mends a judicial selection methodbased on a merit-based and appointivesystem, rather than an elective system.On November 15, 2006, NYCLAoffered testimony to the Assembly’sJudiciary Committee to explain ourviews. The trial lawyers who practicein our Supreme Court look with antic-ipation toward the new year to learnwhat changes have been made to avoidthe pitfalls of direct primaries forselecting our Supreme Court bench.

NYCLA’s CentennialThe year 2007 also marks the

beginning of NYCLA’s Centennial.As we enter our second century,NYCLA’s Centennial Committee,chaired by Past President KlausEppler, has been planning a series ofevents to mark this milestone. A spe-

cially commissionedbook chronicling ourrich past is beingauthored by the notedlegal historian StevenFlanders. After readinga few draft chapters, Ipredict that the bookwill be a “must read” forall our members, as wellas a resource for lawschool libraries.Throughout the 20th cen-tury, as a voice of theorganized bar, thisAssociation’s activities

were woven into the fabric of majordevelopments in the law, how it ispracticed and how lawyers can makean enduring difference. This bookwill be a lasting monument to our rolein elevating the bar and serving thepublic interest. For six months I havebeen biting my tongue to refrain fromusing the cliché “Our Past Is OurPrologue,” but I cannot deny the cer-tainty that this worn slogan isabsolutely true.

As 2006 winds down, I send all ofour members warm greetings for theholidays and high hopes for the NewYear.

A M E S S A G E F R O M T H E P R E S I D E N T

Edwin David RobertsonNew York CountyLawyers’ Association 14 Vesey StreetNew York, NY 10007-2992. Phone: (212) 267-6646 Fax: (212) 406-9252

Edwin DavidRobertson

President

Sophia JGianacoplosExecutive Director

Lucas A. FerraraChair, Newsletter Editorial Board

Marilyn J. FloodCounsel to NYCLA

Executive Director of the NYCLA Foundation

Anita AboulafiaEditor

Director of Communications

Allison SlotnickCommunications Assistant

Shirley BrackenAdvertising Manager

Long Island Business News631-913-4262

Copyright © 2006 New YorkCounty Lawyers’ Association. All rights reserved. New YorkCounty Lawyers’ Associationgrants permission for articles andother material herein or portionsthereof to be reproduced and distributed for educational or professional use through direct contact with clients, prospectiveclients, professional colleaguesand students provided that suchuse shall not involve any matterfor which payment (other thanlegal fees or tuition) is made and provided further that allreproductions include the nameof the author of the article, thecopyright notice(s) included inthe original publication, and anotice indicating the name anddate of the Association publica-tion from which the reprint ismade. Subscription rate: $10.00per year for non-members

New York County Lawyer is published monthly (exceptJanuary and August) for $10 per year by New York CountyLawyers’ Association, 14 VeseyStreet, New York, NY 10007.Periodicals postage paid is mailedat New York, NY and additionalmailing offices. POSTMASTER:Send address changes to: NewYork County Lawyer, 14 VeseyStreet, New York, NY 10007-2992.

USPS #022-995ISSN: 1558-5786

$10.00 of membership dues is deducted for a one-year subscription to the New YorkCounty Lawyer.

Photo Credits:Anita AboulafiaKatharine Wells

James Willis

Old Year, New Year

by Allison Slotnick

On October 26 and 27, the NYCLAJustice Center and Columbia Law Schoolhosted a two-day conference titled “FamilyCourt in New York City in the 21st Century:What Are Its Roles and Responsibilities?”

The City University of New York (CUNY)School of Law, The Louis Stein Center forLaw and Ethics of Fordham UniversitySchool of Law, Hofstra University School ofLaw and St. John’s University School of Lawco-sponsored the event.

The 80 conference attendees representeda wide array of backgrounds, ranging fromlawyers and judges to parents, academics,government officials, legal servicesproviders and advocates. The two-day con-ference, the third in a series sponsored byNYCLA, facilitated the exploration of sev-eral facets of the Family Court by dividingparticipants into four working groups.

Groups delved into foster care and perma-nency proceedings; state intervention in thefamily, including child protective proceedingsand termination of parental rights; intra-familydisputes, including divorce, custody/visitation,support and domestic violence; and childrenwho break the rules, including delinquencyand status offenses (PINS).

Each group sought to develop innovativerecommendations designed to improve theoperations of the New York City FamilyCourt and the quality of justice for families

and children. The recommendations andconference proceedings will be published inthe spring 2007 issue of the ColumbiaJournal of Law and Social Problems.Editors of the Journal, Molly McOwen andMina Farbood, attended the conference.

Workshop sessions were led by facilitatorsAngela Burton, Associate Professor, CUNYSchool of Law; Leah Hill, Associate ClinicalProfessor of Law, Fordham University Schoolof Law; Theresa Hughes, Director and Co-founder of the Child Advocacy Clinic andAssistant Professor of Clinical Education, St.John’s University School of Law; Donna HaeKyun Lee, Associate Professor, CUNYSchool of Law; and Theo Liebmann, ClinicalInstructor and Attorney-in-Charge, HofstraChild Advocacy Clinic.

During day one, participants wereprompted to think abstractly and creativelyabout the best ways to address their group’sarea of focus. Facilitators led attendees inbrainstorming sessions where they exam-ined the current systems in place and envi-sioned other possible ways to address thecurrent issues. In the afternoon, group mem-bers shifted their focus to consider tools ofaccountability and how to measure futureimplementation of their recommendations.

Day two of the conference concentratedon producing concrete recommendations,taking into consideration the earlier discus-sions. Recommendations focused onimproving the current system or estab-

lishing a new one, while atthe same time ensuringthat a means of account-ability is in place. SusanBryant, Clinical Directorand Professor, CUNYSchool of Law, facilitatedthe final plenary session,which provided all confer-ence attendees with theopportunity to revieweach group’s recommen-dations.

Columbia Law Schoolstudents Todd Arena,Shawndra Jones, SarahMullin, Adam Sparks andAaron Spiwak served asgroup reporters andworked with the facilita-tors to produce the recom-

mendations. Jane Spinak, Edward Ross Aranow

Clinical Professor of Law at ColumbiaUniversity, chaired the conference planningcommittee. She introduced the keynotespeaker, J. Lawrence Aber, Professor ofApplied Psychology and Public Policy,NYU Steinhardt School of Education, andCharles H. Tilly, Joseph L. ButtenweiserProfessor of Social Science at ColumbiaUniversity, the luncheon speaker. Eachspeaker sought to challenge the participants’thinking and stimulate creative and realisticrecommendations. Professor Aber tackledthe importance of producing measurablerecommendations for examining the FamilyCourt’s effectiveness while Professor Tillydiscussed how longstanding organizationaltraditions impede planning processes.

NYCLA President Edwin DavidRobertson, Hon. Joseph M. Lauria, NewYork City Family Court Administrative

Judge, and John D. Feerick, Chair of theNYCLA Justice Center Advisory Board,delivered the welcoming remarks.

As a follow up to the conference and pub-lication of the report, NYCLA will assemble aTask Force and develop implementationstrategies for the recommendations. ColumbiaLaw School’s Multidisciplinary Center ofExcellence in Child Advocacy will also orga-nize a public forum in spring 2007 that willfocus on conference recommendations anddiscuss them in a national context.

The conference was funded by the Annie E.Casey Foundation, Columbia UniversitySchool of Law, The Louis Stein Center forLaw and Ethics of Fordham University Schoolof Law and Weil Gotshal and Manges LLP.

Ms. Slotnick is the CommunicationsAssistant at the New York CountyLawyers’ Association.

6 D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r

Norman L. Reimer, Immediate Past President ofNYCLA, has become the Executive Director of theNational Association of Criminal Defense Lawyers(NACDL) in Washington, D.C. Mr. Reimer has been acriminal defense lawyer throughout his career, with exper-tise in trial and appellate advocacy in both state and federaljurisdictions. A tireless advocate of legal system reforms,Mr. Reimer played a pivotal role in NYCLA v. New York,a case involving the right of a bar association to sue onbehalf of indigent litigants. The lawsuit resulted in animportant decision declaring New York’s underfunding ofindigent defense services unconstitutional; subsequently,the State Legislature approved increased compensation forassigned counsel. The American Bar Association (ABA)presented NYCLA with the 2003 Harrison Tweed Award inrecognition of this landmark litigation.

Other projects in which Mr. Reimer has played a leadingrole have included successful efforts to persuade the ABA toadopt a policy calling for the mandatory recording of all cus-todial interrogations and to persuade the New York State BarAssociation to support a moratorium on death penalty prose-cutions. Mr. Reimer also led NYCLA’s activities in supportof the independence of the judiciary, expanding access to jus-tice and judicial selection reform. During his tenure, theNYCLA Justice Center convened two conferences – on the

Housing Court and Criminal Courts – and planned a thirdconference on the Family Court held in October 2006. Theconferences brought together the bench, bar and legal acad-emia to foster discussion and debate and, ultimately, proposereform to ensure the expansion of access to justice. Duringhis two-year tenure as President, Mr. Reimer guided theAssociation to its first operating surplus in more than adecade and launched a Centennial Capital Campaign. Mr.Reimer is currently a co-chair, along with former AppellateDivision Justice Betty Weinberg Ellerin, of NYCLA’s TaskForce on Judicial Independence.

In recognition of his advocacy work, Mr. Reimerreceived NACDL’s prestigious Champion of IndigentDefense Award and the New York State Association ofCriminal Defense Lawyers’ Gideon Award in 2002.

“As I learned from my magnificent experience atNYCLA,” declared Mr. Reimer, “collective action through agreat bar association channels the ingenuity and commitmentof individual lawyers into an irresistible synergistic force forreform.” He added, “I intend to continue to serve NYCLAand the New York bar in every way that I can, especially asNYCLA approaches its historic Centennial in 2008.”

Founded in 1958, NACDL seeks to advance the mission ofthe nation’s criminal defense lawyers by ensuring justice anddue process for persons accused of crime or wrongdoing.

NACDL has 13,000 members in addition to 90 state and localaffiliate organizations, comprising private criminal defenselawyers, public defenders, active-duty military defensecounsel, law professors and judges committed to preservingfairness within America’s criminal justice system.

Norman L. Reimer named Executive Director of NACDL

Conference examines the New York City Family Court in the 21st century

Mr. Reimer (left) holds the gift, two bound volumes ofBoard minutes and NYCLA newsletters written duringhis tenure, presented to him by Edwin DavidRobertson (right), NYCLA President.

A phenomenal resource – over 200 pages of essential information!To view the complete Table of Contents, go to www.nycla.org and scroll down to News.

The Attorneys’ Guide to Civil Practice in the New York County Supreme Court is a valuable tool for alllawyers practicing on the civil side in Manhattan. Produced by the Committee on the Supreme Court, it is aconcise resource for details about judges, court personnel and procedures in the Supreme Court. Highlightsinclude: Commencing a Lawsuit, Assignments and Case Processing under the CCJP, Motion Practice, BackOffices and major County Clerk Operations, Commercial Division, Judges and Staff and much more!

Order FormTo order the Attorneys’ Guide, complete this form and fax or mail it to NYCLA. Fax with your credit cardinformation to: 212-406-9252, or mail with your check or credit card information to: NYCLA, Guide, 14Vesey Street, New York, NY 10007. Call Katharine Wells at 212-267-6646, ext. 209 for more information.

Number of copies@ $50/NYCLA member rate

NYCLA ID Number

Number of copies@ $100/non-member rate

Name

Firm

Address

Phone / E-mail

Credit card number / exp. date

Signature

Check enclosed made payable to NYCLA

2006 ATTORNEYS’ GUIDE TO CIVIL PRACTICEIN THE NEW YORK COUNTY SUPREME COURT

Hon. Joseph M. Lauria,New York City Family CourtAdministrative Judge

Jane Spinak, Edward RossAranow Clinical Professorof Law at ColumbiaUniversity

New Federal Rules of CivilProcedure bring changes to attorneys and their clients

Major changes to the Federal Rules ofCivil Procedure dealing with electronic

discovery became effective December 1,2006. Practitioners must now respond tothe increases in the standards of tech-nology required for lawyers and theirclients. To help with the transition, theCLE Institute is presenting E-Discovery

and the New Federal Rules of CivilProcedure on Wednesday, December 13from 6:00-9:00 PM. Learn from theexperts about what the new rules mean tothe practice of law, including the newmethods for producing documents, pre-

serving electronically stored informa-tion, advising clients on the proper doc-ument-retention policies, reviewingmaterials for privilege and discussingsanctions for the loss of electronicallystored information.

D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 7

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Serving the Legal Community since 1949

COMMITTEE MEMBERSHIPMembership on NYCLA committees is open and free to all members. Committees cover everyaspect of legal practice and are a great place to network and learn in a friendly, supportiveenvironment. To join, go to www.nycla.org, enter your member info and click on “Join aCommittee” or call Miguel Ortiz 212-267-6646, ext. 208.

A Message from the Director of the CLE Institute, Bari Chase

DECEMBER CLE PROGRAMS

Thursday, December 79:00 AM – 4:00 PMCERTIFIED GUARDIAN, COURTEVALUATOR AND COUNSEL FORALLEGED INCAPACITATED PERSONTRAINING6 MCLE Credits: 1 Ethics; 1.5 Skills; 3.5Professional Practice; TransitionalRegistration Fee:Member: $125Non-Member: $165

Wednesday, December 136:00 – 9:00 PME-DISCOVERY: WHAT PRACTITIONERSNEED TO KNOW WITH THE ADVENT OFTHE NEW FEDERAL RULES3 MCLE Credits: 1 Ethics/Professionalism; 1Skills;1 Professional Practice; TransitionalRegistration Fee:Member: $125Non-Member: $165

Thursday, December 146:00 – 9:00 PMVIDEO REPLAY: NUTS AND BOLTS OFRESIDENTIAL REAL ESTATE CLOSINGS –2006 UPDATE3 MCLE Credits: 1 Skills; 2 Professional Practice;Non-TransitionalRegistration Fee:Member: $95Non-Member: $120

Tuesday & Wednesday, December 19 & 208:30 – 9:45 AM

BREAKFAST WITH NYCLA – VIDEOREPLAY: PREPARING OR COACHINGTHE WITNESS: WHERE IS THE ETHICAL LINE?2.5 MCLE Credits: 2.5 Ethics; Non-TransitionalRegistration Fee:Member: $95Non-Member: $120

JANUARY CLE PROGRAMS

Tuesday & Wednesday, January 9 & 108:30 – 10:00 AMBREAKFAST WITH NYCLA – VIDEOREPLAY: HOT TOPICS IN LEGAL ETHICSFOR THE NEW YORK LAWYER3 MCLE Credits: 3 Ethics; Non-TransitionalRegistration Fee:Member: $95Non-Member: $120

Thursday, January 116:00 –9:00 PMUNDERSTANDING ECONOMIC LOSSANALYSIS3 MCLE Credits: 3 Skills; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Wednesday, January 176:00 - 9:00 PMANATOMY OF A DEPOSITION3 MCLE Credits: 3 Skills; Transitional and Non-TransitionalRegistration Fee:Member: $125

Non-Member: $165

Monday, January 226:00 - 9:00 PMACTIVE SPEAKING WORKSHOP: HOWATTORNEYS CAN INCORPORATEACTING SKILLS INTO THEIR PRESENTATIONS3 MCLE Credits: 3 Skills; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Tuesday, January 236:00 – 9:00 PMETHICAL BOUNDS OF AGGRESSIVELITIGATION – 2007 UPDATE3 MCLE Credits: 3 Ethics; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Wednesday, January 246:00 – 9:00 PMTRADEMARK REGISTRATION 3 MCLE Credits: .5 Ethics; 1.5 Skills; 1 ProfessionalPractice; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Monday, January 296:00 – 9:00 PMPITFALLS OF REAL ESTATETRANSACTIONS: HOW TO AVOID THEMWHEN BUYING OR SELLING REALESTATE

3 MCLE Credits: 1 Skills; 2 Professional Practice;Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Tuesday, January 30 6:00 – 9:00 PMBRIDGES AND TUNNELS: WHEN NYVEHICLES ARE INVOLVED IN NJ ACCIDENTS – DEFENDING THE RIGHTSOF THE NEW YORK INSURER ANDINSURED PERSON 3 MCLE Credits: 3 Skills; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Wednesday, January 316:00 – 9:00 PMTHE NEW ATTORNEY ADVERTISINGRULES: ETHICAL RAMIFICATIONS OFTHE NEW RULES ON THE PRACTICE OFLAW IN NEW YORK3 MCLE Credits: 3 Ethics; Transitional and Non-TransitionalRegistration Fee:Member: $125Non-Member: $165

Please Note: Transitional courses areappropriate for newly admitted attorneys.Non-Transitional courses are not accept-able for newly admitted attorneys.Transitional and Non-Transitional coursesare appropriate for both newly admittedattorneys and experienced attorneys.

by Anthony L. Soudatt

In November, training was conductedfor NYCLA’s newest pro bono program,the Article 81 Guardianship Project.Volunteer trainers – including privateattorneys and court personnel – gener-ously donated their time to provideNYCLA volunteer attorneys with theinformation needed to help lay guardiansdischarge their duties. A lay guardian isappointed by the court to administer theaffairs of an incapacitated person (IP)and is often a family member. Layguardians are typically appointed fol-lowing a catastrophic event in the life ofthe IP and so, in addition to managing theongoing, underlying incapacity, theymust also account to the court for expen-ditures associated with the care of the IP.

The volunteer attorneys who attendedthe training are pioneers in a pilot pro-gram slated to begin in January thatexemplifies the ideals of pro bono pub-lico. Their assistance will ease theadministrative burdens of the layguardians at a time when many are over-whelmed, notwithstanding the six-hourtraining that the lay guardians receivedafter their appointment. The reality is thatthe accounting requirements are quiterigorous even for volunteer attorneys toabsorb in two evenings, more so for non-

lawyers over a single day of training. Theprogram will also ease the administrativeburden of the courts and court personnel.We are hopeful that this will become asignificant program and one thatNYCLA can look back on years fromnow and take pride in its continuing suc-cess and achievements.

We would like to thank all of the vol-unteers for their generosity of spirit andtime in getting this program off to a greatstart: Scott Singer, Clerk-In-Charge,Guardianship and Fiduciary SupportOffice, Supreme Court, New YorkCounty; the trainers – Marita L.McMahon, Deputy Director, Guardianand Fiduciary Services, Office of CourtAdministration; Margaret Ann Bomba,Esq.; Paul D. Siegfried, Esq.; Edward M.Virshup, Court Examiner; and the volun-teer attorneys – Joseph M. Albanese,Norman Blair, Sharon L. Brown, Amy C.Chambers, Michelle Chernoff, AdrianaS. Cires, Gloria B. Dunn, Michael L.Edelman, Stacey Ford, Arthur L. Galub,Davida P. Holmes, Jennifer Mandina,Willena Nanton, Antanas Razgaitis,Louis S. Russi, Nance L. Schick andBushra Yasmeen.

Mr. Soudatt is Co-Chair of the ProBono Committee at the New YorkCounty Lawyers’ Association.

Article 81 Guardianship Project Training

8 D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r

GIVE THE PERFECT GIFT TO YOUR FAVORITE LAW STUDENT

MEMBERSHIP IN NYCLANYCLA Law Student membership can provide students with a competitive advantage asthey prepare to enter the legal profession. Students can join committees, take advantageof great member benefits, use the Library, network and take Professional Developmentcourses.

Law Student membership is $25/year. Gift certificates are available.

Email kwells@nycla.org or call Katharine Wells at 212-267-6646, ext. 209 for moreinformation.

Providing services to organize mem-bers’ personal and professional lives

by Allison Slotnick

When NYCLA redesigned its websitein September 2005, it launched NYCLAExpress, a free, customizable, members-only site that organizes content for mem-bers’ personal and professional needs. Thesite acts as an ‘executive assistant’ by pro-viding ‘one-stop shopping’ to work-relatedcontent in a dozen practice areas, in addi-tion to offering up-to-date information onweather conditions, stock prices and somuch more.

To access NYCLA Express, log on towww.nyc la .o rg ,enter your memberinformation andclick on NYCLAExpress in the leftcolumn.

Since its launch last year, NYCLAExpress has expanded its offerings to meetmembers’ varied needs. Among the avail-able features are:

Finance Center: Follow your personal-ized investment portfolio, including stocks,bonds and mutual funds. Sign up for dailyemail updates that contain market sum-mary reports of end-of-the-day closingprices for your portfolio’s holdings.

Practice Areas: Find relevant infor-mation, including links to useful websitesand online forms, for over a dozen prac-tice areas. The most recent additions tothis portal are Immigration & Nationality

Law, which features links to U.S.Citizenship and Immigration Servicesmemos and the U.S. Department of Statevisa bulletin, and Professional Ethics,where members can find a link to the NewYork State Bar Association’s Lawyers’Code of Professional Responsibility.

Calc/Tools: Perform useful calcula-tions and conversions such as currency,temperature and measurement with theclick of a button. In response to a requestfrom a NYCLA member, an easy-to-usedeadline date calculator is now available.

Notes: Create a personalized calendarand include meeting dates and pop-upreminders. The pop ups can be scheduled toappear however often you need them: once,

weekly, monthly orannually.

Weather Center:Track up-to-the-minute weather

conditions and the five-day forecast of yourselected home city, as well as any other citiesof your choosing. Also, get updates on airportdelays and golf forecasts.

Fully personalize NYCLA Express bysetting it as your homepage and importup to 600 bookmarked links onto thesite. If you have any suggestions for anew feature or link to add to NYCLAExpress, contact Anita Aboulafia,Director of Communications, ataaboulafia@nycla.org.

Ms. Slotnick is the CommunicationsAssistant at the New York CountyLawyers’ Association.

N Y C L A E X P R E S S

New York County Lawyers’ Association’s

Pro Bono Committee Launches

CELLPHONE COLLECTION DRIVECELLPHONE COLLECTION DRIVE

The Drive supports NYCLA’s Uncontested Divorce Project,

which assists low-income individuals obtain divorces.

Inactive cellphones and batteries (no accessories, chargers,

etc.) will be collected until the end of 2006 and will be recycled.

Donate your inactive cellphones today.

Bring your cellphone to:

NYCLA Home of Law - 14 Vesey Street(between Broadway and Church Street)

For more information, contact Lois Davis, NYCLA’s Director of Pro Bono Services,

at 212-267-6646, ext. 217 or email ldavis@nycla.org.

P A S T E V E N T S

10 D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r

Federal Courts CommitteeOn November 8, NYCLA’s Federal Courts Committee presented a public forum,“Review of Changes to Federal Rules of Civil Procedure,” which introduced themajor changes to the Federal Rules dealing with electronic discovery that becameeffective on December 1. Forum speakers were: Adam Cohen, Esq. (at left), co-author of Electronic Discovery: Law and Practice, and Magistrate Judge James C.Francis IV (middle), U.S. District Court for the Southern District of New York.Thomas V. Marino (on right), Chair of the Association’s Federal Courts Committeeand partner in Dunnington Bartholow & Miller, LLP, served as moderator. Amongthe Federal Rules’ amendments are the establishment of new requirements foropposing counsel to meet and confer, new requirements for preliminary confer-ences and two-tiered electronic discovery.

Labor Relations and EmploymentLaw CommitteeOn November 20, NYCLA’s Labor Relations and Employment LawCommittee conducted a public forum, “Injuries and Claims ofWorld Trade Center’s First Responders.” Forum speakers discussedthe medical conditions and legal claims of the first responders,including workers’ compensation, disability and tort claims. Thespeakers were (seated from left to right): Andrew J. Gibbs, Esq.,Member, Cozen O’Connor; Marc J. Bern, Esq., Senior Partner,Napoli Bern Ripka, LLP; and Dr. Robin Herbert, Co-Director, WorldTrade Center Worker and Volunteer Medical Screening Programand Associate Professor, Community and Preventive Medicine, TheMount Sinai School of Medicine; and (standing from left to right):Deborah S. Zarsky, Chair, NYCLA’s Labor Relations andEmployment Law Committee and forum moderator; MarkSolomon, Esq., Senior Law Judge, New York State Workers’Compensation Board; Jordan A. Ziegler, Esq., Partner, Brecher,Fishman, Pasternack, Popish, Heller, Reiff & Walsh, P.C.; andNorman Siegel, Esq., Law Offices of Norman Siegel. Forum co-sponsors were: NYCLA’s Environmental Law, Health Law, InsuranceLaw and Municipal Affairs Committees.

Professional Development ProgramsNYCLA held a networking program for members on November 2. Andrea

Nierenberg (at left) of the Nierenberg Group presented a program entitled“Enhancing your Professional Networking Skills.” Ms. Nierenberg is the author of

Nonstop Networking: How to Improve Your Life, Luck and Career and MillionDollar Networking: The Sure Guide to Find, Grow and Keep Your Business. At rightis NYCLA member Joseph Cardillo, who won a copy of Ms. Nierenberg’s new book

in a raffle that took place at the event.

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In addition to jewelry and watches, William Barthman has a Corporate GiftGallery, where you can enjoy a 20%* discount on crystal, sterling silver, wed-ding gifts, baby gifts, pens and much more!

The Gift Gallery features names such as Mont Blanc, Waterman, Waterford,Lalique, Lladro, Orrefors and Jay Strongwater, to name a few.

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Craig James (pictured) of the Sandler Sales Institutespoke on the topic of “Prospecting for NewBusiness” at the Home of Law on November 9.The session was part of NYCLA’s Fall ProfessionalDevelopment Series.

D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 11

NEW YORK, NY – September 2006 – NYCLA’sCriminal Justice Section issues a letter in support of theNew York State Bar Association’s “Report on CollateralConsequences of Criminal Proceedings.”

NEW YORK, NY – October 2006 – NYCLA’sExecutive Committee approves the Task Force on JudicialSelection’s resolution supporting the holding of joint leg-islative hearings by the New York State Legislature on pro-posed legislative responses to Lopez-Torres v. Board ofElections.

NEW YORK, NY – October 2006 – NYCLA renews itstwo-year agreement with the Lille Bar Association,which encourages “collegiality, cooperation and infor-mation exchange between the two associations.” (To logon to the Lille Bar Association’s website, click onAffiliate Bars in the Membership section of NYCLA’swebsite.)

NEW YORK, NY – November 2006 – NYCLA entersinto an agreement with the Kent Law Society(England), which, like the Lille Bar Association agree-ment, encourages “collegiality, cooperation and infor-mation exchange between the two associations.” (TheKent Law Society’s website is currently under con-struction and a link will be added to NYCLA’s websiteupon its completion.)

NEW YORK, NY – November 15, 2006 – NYCLA’sPresident Edwin David Robertson testifies at the NewYork Standing Committee on Judiciary’s public hearing,“Selection of New York State Supreme Court Justices.”(For more information, please refer to the front-pagearticle.)

To read reports and other documents related toNYCLA’s public policy initiatives, log on towww.nycla.org and click on News & Publications.

PUBLIC POLICYDEVELOPMENTS

Bernard Meurice (at left), President of the Lille(France) Bar Association, warmly greeted EdwinDavid Robertson (on right), NYCLA President, at thesigning ceremony.

Edwin David Robertson, NYCLA President, joins withElizabeth Howe, President of the Kent Law Society, tosign the agreement.

by Marcia Goffin

On November 18, the Women’sRights Committee of NYCLA joinedwith a number of other local and inter-national women’s groups in a daylongconference to develop a New York Cityresponse to the United NationsSecretary General’s recent report onViolence Against Women. (The com-plete report is available atwww.un.org/womenwatch/daw/vaw.)Noted feminist law professor, CatharineA. MacKinnon, was the keynotespeaker. Professor MacKinnon has beenrecognized by the United StatesSupreme Court as pioneering the claimthat sexual harassment is sex discrimi-nation. She also developed the legaltheories that sexual violence violatesequality rights and of rape as a warcrime. Professor MacKinnon arguedthat violence against women is a humanrights violation, of which discrimina-tion against women is the practice andsexual inequality the consequence.Moreover, violence against womencrosses the totality of the legal system,requiring a new, comprehensiveapproach to change.

Dorchen Leidholdt, Esq., Director ofSanctuary for Families’ Center for

Battered Women’s Legal Services, anorganization that offers a broad range ofservices, including shelter, legal assis-tance and counseling to victims ofdomestic violence in New York City,was the morning moderator. Featuredresponders were: Taina Bien-Amie ofEquality Now, an international humanrights group working for the protectionof girls and women; Ted Bunch,Director of New York City’s Safe

Horizon’s Domestic ViolenceAccountability Program and co-founderof A Call To Men: National Associationof Men and Women Committed toEnding Violence Against Women;Rachel Lloyd, Founder of GirlsEducational and Mentoring Services(GEMS) and herself a survivor of sexualexploitation; and Sonia Ossorio,President of NOW-NYC.

The event was attended by over 100

women and men; a broad range of race,ethnicity and ages was represented.

Afternoon sessions were held on eightdiverse but related topics: Trafficking,Culture and Community, CurrentConcepts in Medical/Mental Health,Societal Systems and Patriarchy, HumanRights, the Role of Men, the Role of LawEnforcement and Civil Remedies forViolence Against Women. Human rightsactivists, politicians, community leaders,medical and social service professionalslead the workshops.

NYCLA Women’s Rights Committeeis having a particularly exciting year withthe first in a series on women in the pro-fession on November 2, as well as a panelof women on September 13 to discussissues women judges have and experi-ence. Our next scheduled event will bethe Edith Spivack Award ceremony to beheld on March 26, 2007. Janet Benshoof,the founder of the ACLU ReproductiveRights Project and Center forReproductive Rights as well as aMacArthur “genius” grant recipient, willbe honored. The committee meetsmonthly and welcomes all those inter-ested in women’s rights issues.

Ms. Goffin is the co-chair of NYCLA’sWomen’s Rights Committee.

Marcia Goffin (left) and Catharine A. MacKinnon

Women’s Rights Committee co-sponsors program on violence against women

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D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 13

by William Manz

To make suggestions about book purchases,please contact the Library Director, NuchineNobari, by email at nnobari@nycla.org orby phone at 212-267-6646, ext. 201.

FEATURED TITLENew York Official Reporters – ThirdSeries. First published in 2004, the thirdseries of official reporters includes severalnew features. All three editions contain addi-tional research references and an errata table.Each opinion is also accompanied by a modelWestlaw search that can be used to find sim-ilar cases. Miscellaneous Reports 3rd edi-tion also contains abstracts of appellate termand other lower court decisions not selectedfor publication. The full text of these opinionsis available at the Law Reporting Bureau’swebsite at www.nycourts.gov/reporter. Athorough discussion of the third series can befound in an article by Hon. Gerald Lebovits inthe March/April 2005 issue of the New YorkState Bar Association Journal.

NEW TITLESAsset-Based Lending: A PracticalGuide to Secured Financing, by JohnFrancis Hilson (Practising Law Institute 6thed. 2006). This edition contains majorupdates to the chapters on subordinations,bankruptcy and debtor-in-possessionfinancing. Other updates cover competingliens and UCC Revised Article 9.Guerrilla Discovery, by Ashley S. Lipson(James Publishing 2006). Provides manystrategies, arguments, direct answers, cau-tionary instructions, timelines, tactical rulesand forms designed to help the attorney winhotly contested discovery battles. The 16chapters cover such topics as: requests foradmissions, interrogatories, notices for pro-duction, requests for inspection, mental andphysical examinations, depositions, thework product doctrine and abusive tactics.The M & A Process: A Practical Guidefor the Business Lawyer (ABA Section ofBusiness Law 2005). Prepared by the ABACommittee on Negotiated Acquisitions, thistitle covers such topics as client relation-ships, the sale process, negotiations, duediligence, closing and post-closing.

NEW PLI BOOKSInsurance Coverage 2006: Claim Trendsand Litigation. Includes discussions ofclaims handling and bad faith, environmentalcoverage, construction defects, electronicmaterials, allocation of loss, first party cov-erage and professional services liability. Ninth Annual Children’s Institute.Contains 23 chapters covering a wide rangeof topics, including various aspects of fostercare, juvenile delinquency and the child wel-fare system.35th Annual Institute on EmploymentLaw. Covers a wide range of topics, includingvarious aspects of litigation strategy, whistle-blower claims, compensation issues, discrim-ination and leaves of absence. Volume onealso contains a “year in review” chapter.

NEW EDITIONSERISA: The Law and the Code, 2006ed. (BNA).Federal-State Court Directory (CQ Press2007).

Folk on the General Delaware GeneralCorporation Law (Aspen 5th ed. 2006)Handling a Criminal Case in New York(Thomson West 2006–2007 ed.)Handling the DWI Case in New York(Thomson West). 2006–2007 ed.).Harper, James & Gray on Torts (Aspen3rd ed. 2006).Immigration Procedures Handbook(Thomson West 2007).New Jersey Family Law Practice 12thed. (N.J. Institute for Continuing LegalEduc.)Practitioner’s Handbook for Appeals tothe Appellate Divisions of the State ofNew York (New York State Bar Association2d ed. 2006).Securities Regulation (Little Brown 4thed. 2006).Warren’s Heaton on Surrogate’s CourtPractice (LexisNexis 7th ed. 2006).U.S. Citizenship and NaturalizationHandbook (Thomson West 2007 ed.).

NEW UPDATESAlternative Dispute Resolution, 3rd ed.(Thomson West). 2007 pocket parts.American Law of Products Liability3rd ed. (Thomson West). Aug. 2006 update.Attorney’s Practice Guide toNegotiations, 2nd ed. (Thomson West).Aug. 2006 cumulative supplement.Bills of Particulars in New York (ThomsonWest). 2006 cumulative supplement.Charges to the Jury and Requests toCharge in a Criminal Case – New York(Thomson West). 2007 supplement.Crimes of Violence: Homicide andAssault (Thomson West). 2007 cumulativesupplementCriminal Procedure in New York(Thomson West). 2006 supplement.Dobbs, The Law of Torts (ThomsonWest). 2006 pocket parts.Drafting New York Wills (LexisNexis).2006 update.Evidence in New York State andFederal Courts (Thomson West). 2007supplement.Harris 5th Edition NY Estates: EstatePlanning and Taxation (Thomson West)2007 supplement.Law and the Family in New York(Thomson West). 2007 supplement.Medical Proof of Social SecurityDisability, 2nd ed. (Thomson West). 2007supplement.New York Collections 2nd ed. (ThomsonWest) 2006 release.New York Examination Before Trialand Other Disclosure Devices (ThomsonWest). 2007 cumulative supplement).New York Forms: Legal and Business(Thomson West). 2007 supplement.New York Law of Domestic Relations(Thomson West). 2007 supplement.New York Law of Domestic Violence(Thomson West). 2007 pocket-part supplement.Powers of the New York Court ofAppeals (Thomson West). 2007 supple-ment.Pretrial Discovery: Strategy and Tactics(Thomson West). Replacement chapter 15and Aug. 2006 cumulative supplement).Recovery of Damages for Lost Profits6th ed. (Lawpress). Sept. 2006 cumulativesupplement.Rathkopf’s The Law of Zoning and

Planning (Thomson West). Release #18.Substantive Criminal Law (ThomsonWest). 2007 pocket parts.

FORMS ON CD-ROMNew York DWI Defense Forms (2006–07ed.) (Thomson West).New York Family Law Forms (2006)(LexisNexis).New York Residential Real EstateForms (2003) (LexisNexis).

PERIODICALSAnnual Review of the Law:Environmental Law; GovernmentOperations and Liability; Developments in Science and TechnologyLaw, Jurimetrics, vol. 46, no. 1 (Summer 2006).Jury Issue, New York State Bar AssociationJournal, vol. 78, no. 8 (Oct. 2006).Land Use, Planning and Zoning, TheUrban Lawyer, vol. 38, no. 1 (Summer 2006).

Providing Help for Judges in Distress,Judicature, vol. 90, no. 1 (July/Aug. 2006).Symposium on Fathers and Family Law,Family Law Quarterly, vol. 40, no. 2(Summer 2006).Symposium: Text, Tradition, and Reasonin Comparative Perspective, Cardozo LawReview, vol. 28, no. 1 (Oct. 2006).Symposium: The Future of PropertyRedevelopment: From Eminent Domainto Affordable Housing, Santa Clara LawReview, vol. 46, no. 4 (2006).Thirty-Fifth Annual Administrative LawIssue: The Role of the Internet in AgencyDecision-Making, Duke Law Journal, vol.55, no. 5 (Mar. 2006).

Mr. Manz is a part-time ReferenceLibrarian at NYCLA. He is alsoAssistant Law Librarian and Director ofStudent Publications at St. John’sUniversity School of Law.

L I B R A R Y N O T E S

FEE CLASSESRegistration fees: Member, $65; Non-Member, $85; Non-Legal Staff, $35

(1.5 MCLE Credits: 1.5 Skills;Transitional)Internet Resources: ImmigrationThursday, December 7, 6:00 – 7:30PM

(1.5 MCLE Credits: 1.5 Skills;Transitional)Bankruptcy: Basic ResearchFriday, December 8, 10:00 – 11:30AM

(2.5 MCLE Credits: 2.5 Skills;Transitional)Bankruptcy Court: Electronic CaseFiling SystemWednesday, December 20, 10:00AM –12:30PM

FREE CLASSESRegistration for the following classesis free to all.

(1.5 MCLE Credits: 1 Skills; .5 Law

Practice Management; Transitional) Bloomberg ProfessionalTuesday, December 12, 11:00AM –12:15PM

(1 MCLE Credit: 1 Skills; Transitional)LexisTorts: Wednesday, December 8, 10:30 –11:30AMAdvanced: Wednesday, December 11,12:00 – 1:00 PM

(1 MCLE Credit: 1 Skills; Transitional)WestlawBankruptcy: Friday, December 15, 10:00– 11:00AM Beginner: Tuesday, December 19, 10:30– 11:30AMEstate Planning: Friday, December 8,3:00 - 4:00PMFamily Law: Friday, December 1, 3:00 –4:00 PMIntermediate: Tuesday, December 12,3:00 – 4:00PMInternational Law Research: Thursday,December 14, 2:00 – 3:00PM

DECEMBER CLE PROGRAMS AT THE NYCLA LIBRARY

by Linda D. Fakhoury

Judging Children as Children: AProposal for a Juvenile Justice System,by Michael A. Corriero

Judging Children as Children waswritten by Judge Michael A. Corriero whohas served as a Judge of the Court of Claimsand an Acting Supreme Court Justice in NewYork County since 1990 and since September1992, has presided over the Youth Part. TheJudge’s point of view regarding the juvenilejustice system is, of course, different fromother parties because he is a non-biased partywho has to take in views from all sides andmake a decision.

The issues and scenarios summarized in thebook help to paint a picture of what is reallyhappening in the system. I am a prosecutor ofjuvenile delinquents and reading some of thesituations and the judge’s insights made me stopand think. I have seen some similar situations(i.e., robberies of senior citizens, assaultsinvolving the use of dangerous weapons), butwhen you are in the courtroom, things happen atsuch breakneck speed that you often do nothave an opportunity to take in what is being saidbecause you are concentrating on what the nextcase is going to be.

Anyone involved in the juvenile justicesystem should read this book, even if only toget a different viewpoint about what goes onthere. Judge Corriero is able to balancesociety’s interest and safety with that of the

juvenile’s need for services; his ultimate goalis to come up with a system that helps thejuvenile change his or her life around insteadof stepping into the world of a career criminal.As Judge Corriero puts it, “The model juve-nile justice system that I propose wouldaccomplish this in a framework that recog-nizes the vulnerability and malleability ofadolescents, without compromising publicsafety.” Judge Corriero is able to show howlaw has evolved over time, providing back-ground information and previous legislationand then wrapping it all up by showing the useof the new law in society today.

This book can work well either for generalknowledge or for use in a classroom setting.Judge Corriero calls on people to form a uni-fied consortium to implement a comprehen-sive strategy for dealing with youth in today’ssociety. He emphasizes the importance ofhaving the juvenile see the seriousness andlong-term effects of what has been done.Judge Corriero speaks of accomplishing thisby implementing a step-by-step process – 1)postpone a sentence after the plea, 2) condi-tion the nature of probation so the juvenile can“earn” probation and youthful offender treat-ment, and 3) validate the juvenile’s progressby closely monitoring his or her performancein the program.

Ms. Fakhoury is a member of NYCLA’sFamily Court and Child Welfare Committeeand an Assistant County Attorney in theDutchess County Attorney’s Office.

BOOK REVIEW

14 D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r

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WELCOME TO NYCLAThese 842 members joined NYCLA between May andAugust 2006.

Jason Leonard Michael Leopold Noah Levin David A. Levine Mark H. Levine Jeff Levitt Debra Kobrin Levy Barry Lewin Brian M Lewis Jin Li Li Lin Jeremy Linden Michael A. Lindstadt Lawrence T. Liu Alvina H. Lo Edward Lomena Eva Lorenz Audrey Lu Jennifer Luetkemeyer Kimberley E Lunetta Olga Lysenko Jeremy Maco Tiffany Madigan Julia Maeng Tania Magoon Jill L. Makower Liam Rogers Malanaphy Sapna S. Maloor Susan T. Marcantoni Ian Marenna Marika Maris Sean Marlaire Ann M. Marquez Keith J. Martell Jared Marx Elvira Marzano Eric B. Masure Christian A. Matarese Magaux Matter Crace Lynnanne C. Maurrasse Erin Mautner Jordan Mautner Anne Mayer Paul H. Mazer Kier Z McAulay James McBride Eric A. McCabe Matthew C McCann Janet McCrae Paul D. McCulloch Theodore McDonough Lauren McEvoy Nancy M. McGee Kristen McGovern Colm Patride McInerney Sean P McMahon Maeve T McVeigh Lani E. Medina Kori Alisa Medow Luz E. Medrano William M. Meeks Alexandra Megaris Gabriel E. Meister Priyanka Menon William M Meyer June W. Middleton Paul J. Miller Robert J. Miller II Jamie Mills Tamara L. Minikus Lindsay Minnis Jamie R Mogil Jeremy P Monosov Catherine C. Montjar Perrapa “Joann” Moolsintong Brian S. Moore James O. Moore Malinda Morain Xavier Morales

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Sunday, January 21 at 3:00: $16 (regularly $20) Accolades for Pianists: featuring Kirill Gerstein in his only New York recitalHaydn—Sonata in D Major, Hob. XVI 37; Schumann—Humoresque;Schubert/Liszt—songs; Ligeti— Etudes; Busoni—Sonatina No. 6, “Carmen Fantasy” after Bizet; Tchaikovsky—Scherzo from the 6th Symphony (arr. Samuel Feinberg)

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is an “appointive system [that] wouldcover all judges that now face electionsand would also revise the system forappointment for currently appointedjudges such as those who sit on theCourt of Claims, the AppellateDivisions, and the other courts wherethe executive makes the appointment.”He continued, ”Under this proposal,the Governor would appoint SupremeCourt Justices from a limited group ofnames provided by a Judicial SelectionPanel. For judges with local jurisdic-tion, the appointing authority would bethe local executive—a mayor or countyexecutive.” Panels would have least 18members appointed by the Governor,Chief Judge and the local legislativeand executive authorities, as well as bybar associations, civic groups and lawschools within the District.

The criteria employed by the Panelsfor the reappointment of judges wouldinclude the core values of account-ability and independence, as well asthe judge’s demeanor and administra-tive abilities and proper discharge ofjudicial duties. “In essence,” Mr.Robertson said, “this procedure estab-lishes a presumption of continuationin office for a judge whose perfor-

mance has met the Panel’s criteria.This would promote judicial indepen-dence.”

Mr. Feerick, who also testified,referred to his Commission’s recom-mendations for state-sponsored inde-pendent judicial qualificationscommissions within each district, lim-iting the number of convention dele-gates and reducing the number ofsignatures needed by delegates to geton the ballot.

In his testimony, Frederick A.O.Schwartz Jr., a former CorporationCounsel who was lead counsel in theLopez-Torres case, argued against acommission-based appointive system,instead calling for open primaries or asystem analogous to the conventionsnow used to designate nominees forother statewide offices.

The third and final public hearingon the judicial selection process willbe held in Albany on December 15.

To read Mr. Robertson’s testimonyand the Task Force on JudicialSelection’s reports, log on towww.nycla.org and click on News &Publications. The documents can befound in the subsections of“Testimony” and “Board Reportsand Resolutions.”

D e c e m b e r 2 0 0 6 / N e w Y o r k C o u n t y L a w y e r 17

NYCLA President TestifiesFrom Page 1

Raich Ende Malter & Co. LLP offers you creative thinking, technical expertise and relevant experience to support you in litigation.We are available to provide financial analysis,with an investigatory predilection, to issues that may arise during litigation.

At Raich Ende Malter & Co. LLP, we are experienced in providing services in complexmatters. We believe you will benefit from thebusiness acumen we have developed by serving a broad range of industries and clients.

We distinguish ourselves from other accountingfirms by providing the continuing attention of partners and managers who have achieved, and maintain, a high level of technical competence and have a hands-on role supervising forensic engagements.

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Don’t Gamble with Fraud…Don’t Gamble with Fraud…The Editorial Board of New YorkCounty Lawyer welcomes the sub-mission of articles by members ofthe legal community for inclusion inthis publication. Submissions willbe edited and may not be returned tothe writer for approval. TheEditorial Board reserves the right tomake the final decision regardingthe suitability, content and form ofall submissions and further reservesthe right to incorporate modifica-tions and edits to same, withoutprior notice to the author or contrib-utor. Materials accepted for publica-tion are assumed to be original workproduct and shall not contain, inwhole or in part, any infringing con-tent unless appropriate attributionand consents have been secured bythe author or contributor prior tosubmission to the Editorial Board.Unless otherwise indicated, allviews or opinions presented aresolely those of the designatedauthor(s) and do not necessarily rep-resent those of the New York CountyLawyers’ Association. Material(s)accepted for publication shallappear in print and electronic for-mats and shall become the propertyof the Association once posted orpublished and may not be reprintedor otherwise utilized by any personor party absent the Editorial Board’sexpressed written consent.

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