The Judiciary

January 30, 2008

ABA Conference: Stranger in a Strange Land: Cross Cultural Issues in the Courts

What does “the rule of law” mean in today’s multi-cultural society?

In a growing number of cases in state and federal courts all across the country, immigrants are pleading “the cultural defense” – invoking the customs and traditions of their homelands to explain their actions. Even when it is not raised per se, culture plays a role in many cases – both civil and criminal.

In this engaging and highly-interactive presentation, audience members will use hand-held TrialGraphix technology to “vote” on the outcome of vignettes drawn from fascinating and controversial real-life cases “ripped from the headlines” and presented by an inter-disciplinary panel of some of the nation’s leading cross-cultural experts.

January 4, 2008

2007 End of Year Report on the Federal Judiciary

by David Badertscher

The following is an excerpt followed by a link to the actual document:

“…Americans should take enormous pride in our judicial system. But there is no cause for complacency. Our judicial system inspires the world because of the commitment of each new generation of judges who build upon the vision and accomplishments of those who came before. I am committed to continuing three of my predecessor’s important but unfinished initiatives to maintain the quality of our courts.

First, I will carry on the efforts to improve communications with the Executive and Legislative Branches of government. The Constitution’s provision for three separate but coordinate Branches envisions that the Branches will communicate through appropriate means on administrative matters of common concern. Each has a valuable perspective on the other. The Branches already engage in constructive dialogue through a number of familiar forums, including the Judicial Conference, congressional hearings, and advisory committee meetings. But the familiar avenues are not necessarily the only ones…”

December 19, 2007

11 Person Jury Verdict Upheld in New York

by David Badertscher

NY LAW JOURNAL

Wednesday, Dec. 19, 2007

p. 1, col. 4

December 17, 2007

Q & A: Preemploymenrt Background Checks in Courts

by David Badertscher

QUESTION

” I was curious about what courts are doing regarding preemployment background checks. Are courts systems obtaining fingerprints of new hires and running the background checks? For all jobs? We currently do it for judges and magistrates, but not routinely for court clerks or deputy clerk positions. Thanks.”

ANSWER 1:

December 5, 2007

Nominations for 2008 American Bar Association Justice Center John Marshall Award

by David Badertscher

The John Marshall Award was established to honor those dedicated to the improvement of the administration of justice. The 8th annual Award will be presented at the 2008 ABA Annual Meeting in New York, NY.

For additional information on the Award and how to make a nomination, please visit the Award homepage at http://www.abanet.org/justicecenter/johnmarshall.html.

The deadline for all nominations is March 14, 2008.

November 19, 2007

2007 Annual Report of the New York State Commission on Judical Conduct

by David Badertscher

The 2007 Annual Report of the New York State Commission on Judicial Conduct was released last Thursday. In his article in the November 19, 2007 New York Law Journal Daniel Wise writes that the Commission ” opened more investigations in 2006 [the year covered by the Annual Reporrt] and had more matters pending against judges than at any time in its 29 year history…”.

INTRODUCTION TO THE 2007 ANNUAL REPORT

The New York State Commission on Judicial Conduct is the independent agency designated by the State Constitution to review complaints of misconduct against judges of the State Unified Court System, which includes approximately 3,400 judges and justices.

November 16, 2007

Justice Stephen G. Crane to Resign in February 2008

by David Badertscher

The following announcement appeared in the November 2, 2007 issue of the New York Law Journal

“Justice Stephen G. Crane of the Appellate Division, Second Department, said yesterday he will resign on Feb. 4 to join Judicial Arbitration & Mediation Services in Manhattan. JAMS, a California-based dispute resolution firm, employs several prominent retired New York state judges, including Milton Mollen, Betty Weinberg Ellerin, Stanley S. Ostrau and Richard M. Rosenbaum. ‘They came to me, I hadn’t thought about it till then,’ Justice Crane, 69, said yesterday in an interview. ‘I thought it was time to move on to a new challenge.’ He called the decision to step down a ‘terribly wrenching one.’ Justice Crane, who has been at the Second Department since 2001, is a former Criminal Court judge, Supreme Court justice and administrative judge of the civil branch of Manhattan Supreme Court. — Joel Stashenko”

Justice Crane has also served as Chairman of the Board of Trustees of the New York County Public Access Law Library since it first opened on February 14, 1995.

October 12, 2007

State of New York: Bench and Bar Respond to Judicial Pay Deadlock

by David Badertscher

The following was received from the New York Law Journal. We appreciate their efforts in compiling this material:

October 12, 2007

Editor’s Note: As the Law Journal receives commentary from sitting judges and members of the bar on the fallout from the lack of compromise in the state’s budget on judicial salaries, we will publish those remarks in this space.