DuBrin’s Updated 30.30 Manual Now Available 

The Fall 2025 edition of the Criminal Procedure Law Section 30.30 Manual is now posted on NYSDA’s Criminal Defense Resources webpage. This resource from Drew R. DuBrin, Special Assistant Public Defender (Appeals) at the Monroe County Public Defender’s Office, is a long-respected resource for defenders. The current edition, which includes the statutory amendments that became effective August 7th, provides invaluable guidance as defenders confront the new law. NYSDA thanks Drew and his office for this important aid.

Steps for Expert Funding

NYSDA’s Discovery & Forensic Support Unit has created a summary guide for attorneys seeking funding for experts, investigators, and auxiliary services. One version is a text-only informational one-pager, suitable for carrying with you, and the second version organizes the steps in a visually appealing way, suitable for easier reading and display.

NYSDA’s Computer Buying Guide for Public Defense Attorneys

Our Discovery & Forensic Support Unit frequently fields questions about managing high volumes of digital data obtained during discovery and what computer equipment is right for the job. We will continue to field those questions but wanted to provide a Computer Buying Guide for Public Defense Attorneys as an additional resource for you. That new guide can be found on NYSDA’s webpage here. If you have questions about any of these recommendations or need help choosing a setup that fits your needs, contact NYSDA’s Public Defense Backup Center Discovery and Forensic Support Unit at info@nysda.org.

Termination of Parental Rights Reversed

In Matter of C.C v D.C. (2025 NY Slip Op 05017), the First Department vacated a Termination of Parental Rights (TPR) determination based on the family court incorrectly treating the father as a “notice parent” instead of a “consent parent.” The father successfully argued that the trial court erred in not applying the amended version of Domestic Relations Law (DRL) 111 that went into effect Dec. 30, 2022, while the fact-finding and disposition were still being litigated. The amendment to DRL 111 “requires consent for adoption by any nonmarital parent .… The amendment did away with the necessity for some parents with children in foster care to establish that in addition to having visited or regularly communicated with the child that they made payments to the foster care agency caring for the child. …This amendment went into effect three years after Family Court's July 2019 determination that respondent father was solely entitled to notice that the agency was seeking to terminate parental rights to free the child for adoption but before the May 2023 dispositional order was issued.” Because the family court failed to hold a hearing to determine if the father neglected the child by clear and convincing evidence, the case was remanded to the trial court for further proceedings.

The law surrounding TPRs is particularly nuanced, with the defense to these proceedings often starting when the Article 10 proceedings are commenced. Attorneys are encouraged to become conversant in the law before taking on such a case, starting with Social Services Law 384-b. NYSDA has hosted several trainings related to defending against TPRs, now available online to our members, on demand. For more information, please click here. Additionally, on November 6th, NYSDA will be hosting a free webinar on Future Reasonable Efforts in Permanency Hearings. Please see Association News below for more information. Any questions related to family court can be sent to our Family Court Staff Attorney, Kim Bode, at kbode@nysda.org.

WNY RIAC Newsletter: “Self-Deportation,” ICE Policy for Family Defenders, & More

The Western New York Regional Immigration Assistance Center (WNY RIAC) has released its September newsletter. Topics covered include information clients need about “self-deportation” (linking to a memo from the National Immigration Project [also available in Spanish]); Immigration and Customs Enforcement (ICE) policy regarding noncitizens in ICE custody who are parents or guardians and have pending family court proceedings, and a broadened standard for assessing “good moral character.”

Among other news, WNY RIAC noted that both Republicans and Democrats were among the 20 district attorneys who submitted an amicus brief in support of the Protect our Court Act (POCA). A WXXInews.org item was cited.

NYSDA thanks WNY RIAC for creating and sharing its newsletter. And again, we stress that defenders in both criminal and family matters should ask every client whether they were born in the U.S. and confer with the RIAC near them (or their program’s immigration unit if they have one) about all clients who may not be U.S. citizens.

County Jails Holding More People for ICE, Backlog of Transfers to DOCCS Not Cleared

According to a September 16th post on NYSfocus.com, seven New York jails “booked a total of nearly 2,800 people arrested for immigration reasons and detained by US Immigration and Customs Enforcement [ICE] in the first seven months of 2025,” which was “a nearly sixfold increase.” Jails in Allegany, Broome, Montgomery, Nassau, and Niagara counties have joined those in Orange and Clinton counties in providing holding facilities as ICE looks for space to hold the growing number of people being detained. Some county officials want to help the federal administration’s immigration agenda while others focus on the money ICE pays, the post noted.

At least one county legislator viewed the ICE revenue as a way to avoid raising taxes to maintain staffing levels needed due to a backlog in the transfer to state prison of individuals sentenced for felonies. This problem, which initially arose from the illegal strike by Department of Corrections and Community Supervision (DOCCS) employees, was noted back in the May 14th edition of News Picks; it was the subject of a September 2nd New York Focus report.

Not all county residents agree that their jails should contract with ICE. Some protests have occurred, the article said.

Whether the situation might at least indirectly impact nonimmigrants held in the jails was not addressed in the article, but jail problems can affect everyone held (or employed) there. The September 16th article included an eyewitness statement that one “jail doesn’t have translators on site to help officers and nurses communicate with detainees who don’t speak English,” and that those held are not receiving rulebooks translated into their language. Confusion about rules and orders among some would seem to create potential issues for everyone at a facility. Defenders with information about issues in their jail are encouraged to share it with NYSDA.

State Police, Local Law Enforcement Records FOILed, Being Analyzed

As reported by New York Focus on September 9th, they and The New York Times have obtained about 10,000 disciplinary records by using the Freedom of Information Law (FOIL) following the repeal of a statute that hid them from the public. The records are ”from around half of New York State’s nearly 500 law enforcement agencies” and, the article says, “provide a window into how some officers at the state, county and local levels have avoided accountability in court despite relatively clear evidence that they broke the law.” While other news outlets have reported on records from larger agencies, these two entities “are examining cases and patterns from” smaller agencies.

The first article in a planned series looked at the lack of serious discipline imposed on officers in the State Police and other agencies who drove while under the influence of alcohol. The story was picked up by others, including the Times Union.

According to the September 9th article, New York Focus “has worked with MuckRock, a nonprofit news organization focused on requesting and sharing public records, to make a body of records related to hundreds of State Police officers public, and they plan to continue making more records available to the public.”

NYSDA’s Law Enforcement Disciplinary Records page includes links to other sources of disciplinary records. If you are aware of additional sources that should be added to our website, please contact us.

Oral Arguments in NYCLU Suit to FOIL OCA Memos

In early September, the Court of Appeals heard arguments in the New York Civil Liberties Union’s (NYCLU) suit under New York’s Freedom of Information Law (FOIL) to unseal Office of Court Administration (OCA) guidance memos to judges.

NYCLU submitted the FOIL request to OCA in 2021, seeking documents from January 2011 and beyond, “directed to judges or their chambers where federal or state court decisions, statutes, regulations or ordinances are summarized, analyzed, interpreted, construed, explained, clarified, or applied.”

OCA denied the request, arguing that the memos were exempt from FOIL under two provisions: one that shields “intra-agency” materials, and another that protects attorney work product as privileged. NYCLU won in the trial court, but OCA appealed and won in the First Department.

At oral arguments, the Court of Appeals asked multiple questions regarding the breadth of the request, specifically focusing on whether it would include OCA continuing education sessions. NYCLU staff attorney Terry Ding said no, distinguishing between education programs and legal advice - “We think when it comes to OCA providing its own interpretations about what the law might be or how it should be applied, there is no attorney-client privilege there,” Ding told the court.

Chief Judge Rowan D. Wilson recused himself from the case, with Associate Justice Mark L. Powers of the Third Department taking his place.

For more, see New York Focus’ 2023 article, “The Secret Memos New York Courts Refuse to Give Up.”

Lack of Lawyers in Housing Cases Impacts Clients—and, so, Defenders

A City Limits article on September 11th highlighted a recent report from the New York City Independent Budget Office (IBO) on the right to counsel program for eviction cases. The IBO analysis showed “that universal access to legal representation for low-income tenants remains unrealized and there has been a programmatic shift from representation in court towards one-time consultations.” Also, unsurprisingly, “funding for the program has not kept pace with eligibility as the program expanded” and case numbers rose, which “has added pressures on legal services providers.” There are ongoing efforts to expand the right to counsel in housing cases to the rest of New York State.

Since “[p]revious research has documented significantly improved outcomes for tenants in housing court when they have lawyers,” representation in eviction matters is crucial for public defense clients who cannot afford to hire an attorney. Yet, there is often nowhere to turn. What can defenders do? The Indigent Legal Services Office standards for parental representation in state intervention cases note that public defense attorneys are to “[a]dvise and counsel clients on basic rights and responsibilities attendant to all legal and non-legal issues impacting the client’s case,” including in housing matters. Standard H-1 and Commentary. The ILS Standards for Establishing and Administering Assigned Counsel Programs explain, in the context of counsel at arraignment, that “[a]voiding the disruptions in housing, employment, and family life caused by detention can allow the client to better assist in the defense.” Standard 5.2 Commentary. Loss of housing through eviction can also disrupt attorney-client contact, making efforts to assist in some way clients facing eviction relevant to the case.

Sources of basic information on housing/eviction issues include the Housing section on Law Help NY site, which includes information on eviction; help centers in some counties, as listed on the Unified Court System website; and the legal services programs operating in defenders’ regions, e.g., Legal Services of Central New York (eviction defense); Legal Services of Long Island (civil unit); Legal Services of the Hudson Valley (housing rights); Neighborhood Legal Services (WNY Eviction Prevention Project); Legal Aid Bureau of Buffalo (housing); and Legal Aid Society of Northeastern NY (housing unit).

Defenders and Advocates Lobby Governor to Sign an End to Anonymous Reporting

In June, the state legislature passed the Anti-Harassment in Reporting Act, which would reduce false and malicious reports of abuse and neglect made by anonymous callers to New York’s State Central Register of Child Abuse and Maltreatment (SCR). NYSDA along with many in the family defense community have long advocated for the passage of this bill into law. Despite the bill’s wide support, there remain some who are skeptical and spread misinformation. To set the record straight, a group of academics from around the country recently submitted a letter to the Governor’s office. A highlight from the letter states, “What we do know about New York State and City is that anonymous reports rarely result in indication or foster care.”

Several news organizations have posted items in favor of the bill. In July, the Imprint posted an op-ed by Dale Margolin Cecka, Assistant Professor of Law and Director of the Family Violence Litigation Clinic at Albany Law School, imploring that “a confidential, non-anonymous system works better for children, families and agencies alike.” An article in the Times Union points out that “[m]andated reporters, including teachers, doctors, counselors and other people working closely with children, are already required to disclose their name and profession when reporting suspected child abuse.” This law would require the same disclosure for other callers. More recently, the Advance Media NY Editorial Board wrote an op ed on syracuse.com stating, “Gov. Kathy Hochul should sign legislation that would end anonymous reporting of child abuse to the state hotline, and instead require callers provide their names on a confidential basis.” Additionally, in January NYSDA submitted a memo in support of the Anti-Harassment in Reporting Act. The memo reads in part, “the current law hurts domestic violence survivors in particular, by allowing their abusers to continue to harass them and their children by taking advantage of the weaknesses of the reporting system.” The full memo can be found here.

Association News

News from Our Discovery and Forensic Unit

Ashley Hart, a Staff Attorney in NYSDA’s Discovery and Forensic Support Unit, authored a recent blog article for the National College of DUI Defense as part of her membership on their Forensic Science Task Force. In the article, Ashley provided an overview of emerging testing of oral fluid swabs on a national level. NYSDA has been hearing more about evidentiary testing for cannabis as this testing method spreads through upstate New York and is aware of the roadside tests administered downstate. If you encounter this evidence in your cases and need assistance navigating that, contact the Unit at forensics@nysda.org.

May-August Issue of the Backup Center REPORT Online

The latest issue of NYSDA’s newsletter, the Public Defense Backup Center REPORT, is now available online. NYSDA members will receive their hard copy of the May-August issue when printing and mailing are completed. If you have questions, please contact the Backup Center at info@nysda.org or 518-465-3524.

Web Training

October 10, 2025, 1;00 – 2:30 pm: Family Court Case Law Update

This free webinar will be presented by Seana Sartori, Family Court Bureau Chief, and Robert Turner, Special Assistant Public Defender, Family Defense Unit, both from Monroe County Public Defender’s Office. For more information and to register, click here.

November 6, 2025, 1;00 – 2:30 pm: Future Reasonable Efforts in Permanency Hearings: Advocating for Orders with Impact

This free webinar will be presented by Keith Baumann, Director of Holistic Defense and Training, and Leila Tabbaa, Co-Director of Training & Supervising Attorney, Family Defense Practice, both from the Bronx Defenders. For more information and to register, click here.

December 10, 2025, 1:00 – 2:30 pm: Creative Defenses to Allegations of Drug Use in Article 10 Cases

This free webinar will be presented by Carmen Tellez, Senior Attorney, Family Defense Practice, Brooklyn Defenders, and other panel members TBA. For more information and to register, click here.