Brady Orders, Garrett Disclosures, and Guide to Investigating Police Witnesses
In the September 2018 edition of Issues to Develop at Trial , the Center for Appellate Litigation (CAL) explores issues related to the new court rules requiring the issuance of Brady orders ( 22 NYCRR 200.16 and 200.27 ). See also News Picks from NYSDA Staff, Nov. 14, 2017 and Nov. 30, 2017 . The edition also features a practical guide to investigating police witnesses, with information about searching for federal and state lawsuits involving such witnesses and other research techniques. Also discussed are Garrett disclosures ( see People v Garrett , 23 NY3d 878 [2014]), which are disclosures by the prosecution of civil lawsuits wherein police witnesses have been named as defendants.

Prior editions of Issues to Develop at Trial are available at . NYSDA thanks CAL for sharing this resource.

Commission on Parental Representation Surveys of Family Defenders and Clients
The NYS Commission on Parental Representation and the Office of Indigent Legal Services are currently surveying attorneys and clients (current and former) regarding family defense representation in New York.

Please circulate these survey links widely. It is important for the Commission to hear from a variety of individuals who have been impacted by the system and the attorneys who do this important work.

The Commission is in the midst of conducting public hearings on the representation of parents and others who are facing family court proceedings, from neglect and abuse to child custody and visitation to family offenses. Video from the first two hearings is available here . The Commission will be conducting a hearing in Albany on October 10 from 9:30 am - 12:30 pm and one in Mineola on October 23 from 10:00 am - 1:00 pm. The hearings are live streamed and will be archived at the link above. NYSDA will be testifying at the October 10 hearing and we have submitted written testimony to the Commission.

Raise the Age Now in Effect for 16-Year-Olds
On Oct. 1, 2018, the statutory changes made by the Raise the Age (RTA) law took effect as to 16-year-olds. Cases involving 16-year-olds can take one of three paths: non-Vehicle and Traffic Law (VTL) misdemeanors are now governed by Family Court Act article 3 (juvenile delinquency); all felony cases begin in the newly created Youth Part of the superior court under CPL article 722; and violations and VTL misdemeanors remain in local criminal court.

Recently released RTA resources include:

According to an Oct. 1, 2018 statement by Chuck Nesbitt, the New York State Association of Counties President and Orleans County Chief Administrative Officer, 25 of the 57 non-New York City counties have submitted RTA reimbursement plans to the State, none of which has been approved.

Some, if not all, of the four Attorney for the Child (AFC) offices recently created special AFC panels for RTA cases. For example, in the First Department, members of the assigned counsel felony panel are eligible to apply for limited membership on the family court assigned counsel panel for purpose of continuing to represent children who are arraigned in the Youth Part and then have their cases transferred to family court under the RTA legislation. In the Fourth Department, the AFC rules have been amended to create an advanced juvenile delinquency AFC panel (22 NYCRR 1032.4[b]). The application form for this panel is available here .

In addition to new court procedures, changes are underway regarding detention. The State Commission of Correction amended , on Sept. 11, “numerous Parts to Chapter III of Subtitle AA of Title 9 of the New York Codes, Rules and Regulations (NYCRR). The adopted rules provide minimum standards and regulations for the operation and management of specialized secure juvenile detention facilities for older youth (SSDs) ….” As discussed in an article in the Cortland Standard just weeks before RTA took effect, detention issues are a focus in upstate counties. Of special concern for public defense providers is the possibility that, if these facilities are regionalized, young clients may be held far from counsel and family.

We encourage defenders to contact the legal staff at NYSDA’s Backup Center (518-465-3524) with questions and information about the implementation of RTA in your county, as well as specific RTA training needs.

NYS Law Requires All Employers to Adopt a Sexual Harassment Policy and Provide Training to Employees
Effective Oct. 9, 2018, all employers in New York State, regardless of size, must adopt a sexual harassment prevention policy. Employers must adopt the New York State model policy or a policy that meets or exceeds the State’s minimum standards and employers must provide a complaint reporting form. Employers are also required to offer interactive training to all employees, using the State’s model training materials or training that meets or exceeds the State’s minimum standards, by Oct. 9, 2019. The State is expected to offer training via webinars and workshops. Information about the policy and training requirements, the model policy and training materials, and frequently asked questions is available here .

Survey of Attorneys Practicing in Rural Counties
The Rural Law Initiative at Albany Law School’s Government Law Center, in partnership with UAlbany’s Center for Human Services Research, is conducting a survey of the over 5,000 attorneys registered in 42 counties that have been designated as rural for purposes of this survey. According to the Rural Law Initiative, “this project will provide a data-driven, realistic portrait of the state of rural legal practice in New York State. The empirical data that will come from this research will have multiple uses for diverse stakeholders, including governments invested in their rural communities, as well as rural lawyers, legal service organizations, and community stakeholders.” If you practice in one the 42 rural counties, please consider completing the survey, which is available here . Questions about the survey should be directed to Taier Perlman, Staff Attorney at the Government Law Center, at (518) 445-3263 or

First NYS Public Defense Career Fair on Oct. 19 at University of Buffalo
NYSDA, the Chief Defenders Association of New York, and the University of Buffalo School of Law are sponsoring the first New York State Public Defenders Career Fair on Friday, October 19, 2018, from 1:00 – 5:00 pm at the Center for Tomorrow on the University at Buffalo campus. The NYS Public Defenders Career Fair is an opportunity for public defense offices around the state to recruit law students and recent law school graduates for attorney and internship positions. Employers and students can register for the Career Fair at .

In addition to the Career Fair, NYSDA posts job opportunities for public defense and related positions on our website at . If you know someone who may be looking for a new opportunity, please share this link with them. And if you have a public defense job to advertise, you can send it to for posting on NYSDA's website. (Note: we do not charge for job postings.)