Legal News and Views

June 4, 2010

New York State’s Highest Court Upholds Merger of Two Bronx Courts, IDV Courts

In an earlier posting on this blog we reported that on February 23, 2010 a divided Panel of the Appellate Division, First Department, New York Supreme Court ruled in People v. Correa (2010 NY Slip Op. 01533) that the 2004 merger of the criminal courts in the Bronx into a single court with jurisdiction to handle both felonies and misdemeanors is unconstitutional. That Appellate Division ruling has now been overturned by the New York Court of Appeals in a single 6-0 opinion on June 3, 2010 that decided three cases–People v. Correa, People v. Fernandez, and People v. Mack, upholding administrative experiments that have New York State Supreme Court judges presiding over misdemeanor cases as well as felonies within a merged Bronx Supreme Court Criminal Division and an Integrated Domestic Violence (IDV) Court in Brooklyn.

The high court’s ruling regarding IDV Courts also applies to 44 other IDV Courts throught the State of New York. that centralizes the handling of all aspects of domestic disputes, including criminal charges, in one court. The judges noted that neither the New York Constitution nor its statutes call into question the legality of either court addressed in this opinion.

See also the following articles which discuss this New York Court of Appeals opinion and its implications:

May 28, 2010

State Judicial Elections

by David Badertscher

Selections from the Fair Courts e-lert May 28, 2010, published by the Brennan Center for Justice at New York University School of Law.

State Judicial Elections

1. Retired Justice Sandra Day O’Connor continues to advocate for states to replace contested judicial elections with merit selection systems. In an op-ed appearing in the New York Times, O’Connor urges individuals to pay attention to the selection of state court judges because “In too many states, citizens are being shortchanged by the way [state court judges] are chosen . . . . When you enter one of these courtrooms, the last thing you want to worry about is whether the judge is more accountable to a campaign contributor or an ideological group than to the law.”

May 27, 2010

The Third Way: A Narrowly Tailored Broadband Framework

by David Badertscher

David Badertscher

This posting is essentially a followup of two of our earlier postings on this topic which you can find here and here.

It begins with two statements released by the U.S. Federal Communications Commission (FCC) on May 6, 2010 in partial response to the recent decision in the Comcast case.and continues with a listing of recent Congressional Research Service (CRS) Reports addressing various aspects of the topic:

May 26, 2010

Book Review: The Supreme Court: A C-SPAN Book Featuring the Justices in Their Own Words

by David Badertscher

TITLE: THE SUPREME COURT SUBTITLE: A C-SPAN Book Featuring the Justices in Their Own Words EDITORS: Brian Lamb, Susan Swain, and Mark Farkas PUBLICATION DATE: May 4, 2010

PUBLISHER: Perseus Books PAGE COUNT: 372 pp.

ISBN: 978-1-38648-835-2

May 26, 2010

Panel Presentation: Recent Trends in White Collar Prosecutions

by David Badertscher

Presented by the ABA Criminal Justice Section White Collar Crime Committee Mid-Atlantic Region Subcommittee:

This panel will address the most recent developments in White Collar prosecutions in New Jersey. The Honorable Paul Fishman will describe the challenges facing the United States Attorney’s Office and new initiatives. Seasoned defense and in-house counsel will give their perspectives on recent trends

Moderator:

May 24, 2010

American Bar Association: Report of the Executive Director to the ABA Board of Governors

by David Badertscher

April, 2010

This Report of the Executive Director to the ABA Board of Governors* highlights issues related to ABA Membership, and Personnel, Also highlighted is an extensive list of Programs and Projects including those related to Bioethics and the Law, Center for Professional Responsibity, Criminal Justice, Family Law, Government Affairs, Immigration, Intellectual Property, Law Library of Congress, Mental Health and Disability, Rule of Law Initiative, Science and Technology Law, Substance Abuse, Women in the Profession, and many more. See the entire Report by clicking on the link below:

April 2010 Report of the American Bar Association Executive Director to the ABA Board of Governors

May 21, 2010

Judicial Diversity

by David Badertscher

Selections from the Brennan Center Fair Courts E-lert May 21, 2010.

Summarized news articles and editorials related to the independence of judges and the courts….:

1. A recent George Mason University study suggests that certain factors such as “support for diversity in the state’s leadership,” the “location of a judgeship,” and the “history of diversity” have a significant impact on the success of efforts aimed at enhancing diversity on the state bench – this, irrespective of the judicial selection mechanisms used in a given state. In a broad survey of state trial court judges of color, the report’s authors observed “that the varying selection mechanisms tend to operate to produce a surprising similarity in the processes, strategies, and experiences of judicial candidates . . . [R]ather than a specific selection mechanism, the judges [interviewed] overwhelmingly point to other factors – such as politics, networking, mentorship, and other resources as determinative of the ability of diverse candidates to become judges.” The American Judicature Society has released another important study on judicial diversity, by Malia Reddick, Michael J. Nelson, and Rachel Paine Caufield. The AJS study explores the relationship between judicial diversity and the institutional, political, and legal environment in which judges are selected. Among other conclusions, the study reported that “Merit selection and pure gubernatorial appointment placed more minorities on high courts than did contested elections, while merit selection placed fewer women on intermediate appellate courts.”