NYCLU Posts NYS Police Transparency Database

The New York Civil Liberties Union (NYCLU) has posted a “Transparency Database” concerning the New York State Police (NYSP). The database resulted from an analysis of “tens of thousands of records about police misconduct investigations, disciplinary records, and use-of-force incidents” obtained from the NYSP through a Freedom of Information Law (FOIL) request.

Available at the posted site is information on 1) Misconduct and Discipline and 2) Use of Force Data. The NYCLU’s announcement was noted by State of Politics and also by Black Star News. The latter highlighted, among other things, the findings that over more than two decades “[o]nly 7 percent of the nearly 2,300 misconduct investigations on use-of-force incidents were ‘founded’ by the NYSP’s internal investigations division”; “[o]nly 5 percent of the nearly 500 investigations that referenced racial or religious discrimination were founded”; as to the nearly 7,500 alleged acts of misconduct determined to be founded, most of the officers involved “were given no more than a slap on the wrist”; and use-of-force incidents totaled 5,554, “including the use of tasers and pepper spray, often during non-criminal enforcement actions like traffic stops and during mental health crises.” As to mental health responses, State Police officers deployed pepper spray in 36% of those responses and used tasers in 20%, it was noted. The Rochester Democrat and Chronicle, among other news outlets, covered the database’s release in its August 17th edition.

The new database has been added to NYSDA’s Law Enforcement Disciplinary Records webpage. The page, initiated in July 2020, lists information that became available after the repeal of Civil Rights Law 50-a, which had hidden disciplinary records. Defenders who need to seek information on other disciplinary records beyond litigating CPL 245 in their individual cases can refer to NYSDA’s Law Enforcement FOIL webpage or contact the Backup Center, which has presented CLE training on FOIL.

Reminder: State Forgiveness Program Application Closes Today

As noted in the last edition of News Picks, those interested in applying for New York’s District Attorney and Indigent Legal Services Attorney Loan Forgiveness Program must complete the application today, August 24th.

A Right to be Safe in Jails and Prisons—for People Employed and People Incarcerated There

A report entitled "Do I Have the Right to Feel Safe?" proposes that “[b]ecause the North Star of corrections is public safety, we must all challenge our assumptions of what does and does not work. This means wrestling with the fact that non-rehabilitative theories of crime reduction—incapacitation, deterrence, and retribution—have only served to make staff, people incarcerated, and the public less and less safe.” It notes the experiences common to both groups of people inside facilities. “Both are exposed to poor sanitation and haunting lighting, as well as intolerable noise, rampant pests, and pathogens. Both are conditioned to look over their shoulders, fearful of when the next violent incident might occur.” It notes statistics like these [footnotes omitted]:

PTSD

34% OF CORRECTION OFFICERS IN SECURITY ROLES meet the criteria for PTSD, 5 times the national rate

60% OF MEN INCARCERATED experience moderate to severe symptoms of PTSD

And it proposes concrete steps and gives examples of how to change things. The report, from Chicago Beyond, is touted on a page on the Arnold Ventures website and was noted in the Reentry Central newsletter. The latter posted it with the headline, “Can Improving Prison Safety Stem the Corrections Workforce Crisis?”

Muldoon Family Law Reference Books Available

The criminal law reference books Handling a Criminal Case in New York and Criminal Law Slanguage of New York have family law counterparts. Family Law Slanguage ($40) and Handling a Family Law Case in New York a Practitioner’s Guide ($80) are available from the publisher, Garmon Publishing, 1435 Ayrault Road, Fairport, NY 14450. (585) 766-5130.

Public Defenders Rally for a Fair Contract

Hellgate published an interview with Neighborhood Defender Services family attorney Monica Shah as her union, UAW Local 2325, picketed outside the NDS offices in lower Manhattan. The overarching focus is the negotiations between NDS and union management over the office’s second contract, but the interview also discusses broader topics like rising caseloads and attrition rates, as well as the effect assigned counsel retirements have on institutional providers.

Burton Fired from OCA for Speaking Out Against a Broken Child Welfare System

As reported in the Imprint Youth and Family News, Angela Burton, former Director of Quality Enhancement for Parent Representation at the New York State Office of Indigent Legal Services and outspoken critic of the State’s “child welfare” system, was recently fired from her job as special counsel for interdisciplinary matters with the Office of Court Administration. Burton alleges that she was fired days before planned remarks to the New York advisors for the U.S. Commission on Civil Rights in which she was going to advocate to “prioritize funding for family support and de-prioritize funding for family policing.” Burton told the Imprint: “My goal was to share and bring in the voices of people who are experiencing the harms of the system in all of its various iterations, in order to elevate that perspective and bring some awareness and hopefully some change in the way things are done.”

Association News

NYSDA is hiring a Discovery and Digital Evidence Staff Attorney to join our Discovery and Forensic Support Unit. You can view the full posting here.

NYSDA Website Has Accessibility Options

In case you missed the announcement on the “NYSDA Updates” section of the homepage at www.nysda.org, note that we have added a Recite Me accessibility toolbar on our website. The options offered include a screen reader, the ability to adjust font size and colors, a ruler to make it easier to track where you are on a page, and language translation. The toolbar will appear at the top of whatever NYSDA page is being viewed. To open that toolbar, click on the person icon that appears in the bottom right corner. If you have questions about these accessibility options, please contact us at info@nysda.org or complete the CONTACT FORM.

Upcoming Training Programs

Thursday, September 28, 2023, 12:30 – 2:30 pm: Representing Disabled Parents: Strategies and Solutions for Preserving Their Rights with Robyn M. Powell, PhD, JD, Associate Professor, University of Oklahoma College of Law. This program will cover how to effectively advocate for parents with disabilities in family court. Although the focus of this training is Article 10 proceedings, other areas will be touched on. Details and registration information are available here.

Save the Date: Thursday, October 12, 2023, 1:00 – 2:30 pm: Litigating Crawford with Eli Northrup, Policy Director and Defender, Criminal Defense Practice, the Bronx Defenders, and members of the Bronx Defenders Family Defense team. Details and registration information coming soon.

Save the Date: Thursday, October 26, 2023, Time TBD: Facing a Discovery Dump: Organizing Your Criminal Defense from the Start with Ashley Hart, Staff Attorney at the Discovery and Forensic Support Unit at NYSDA. This training focuses on approaches to sorting and organizing a discovery dump from the DA’s office in a way that aims to guide your motion practice and litigation strategy. A portion of the course will be dedicated to discussing your specific practice in this area. Details and registration information coming soon.

Monday, October 30, 2023, 2:00 – 4:00 pm: Advocating for Parents Facing Allegations of Mental Illness in Article 10 Cases with Kelly Nakashima, Social Worker, Family Defense Practice, Brooklyn Defender Services; Ambika Panday, Supervising Attorney, Family Defense Practice, Brooklyn Defender Services; and Aubrey Rose, Senior Staff Attorney, Family Defense Practice, Brooklyn Defender Services. This training is focused on elevating interdisciplinary practice in family defense, specifically representing parents who face allegations of mental illness in Article 10 abuse and neglect proceedings. Details and registration information are available here.