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Update from the Lexis Alert Service,

January 29, 2009

1. People v. Rodriguez, 5115, 810/05, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2009 NY Slip Op 434; 2009 N.Y. App. Div. LEXIS 426, January 27, 2009, Decided, January 27, 2009, Entered, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

“Judge Uses Vulgar Language As She is Charged”, an article by Edmund H. Mahoney and Jon Lender, published in the January 27, 2009 Hartford Courant, reports that a Connecticut Superior Court judge is accused of arguing with a police officer and calling him a “Negro trooper”. The folllowing links to both the article and a “booking video”:

http://www.courant.com/news/politics/hc-cofield0127.artjan27,0,2287060.story

In a January 28, 2009 New York Times article, “Hang Him Up? The Bad Judge and His Image”, Benjamin Weiser describes a debate that has arisen in a New York Courthouse over whether the portrait of a disgraced judge should continue to be displayed or thrown in a closet.

To read the story click on the link below to the article:

http://www.nytimes.com/2009/01/28/nyregion/28portrait.html?partner=permalink&exprod=permalink

The ABA Criminal Justice Section Juvenile Justice Committee and The Standing Committee on Legal Aid and Indigent Defendants and The Council on Racial & Ethnic Justice Present;

The New Paradigm of Juvenile Justice

Complementary CLE

The above titled January 27, 2009 article by John Markoff, published in the New York Times is relevant because it discusses digitization, preservation and authentication of records (and by extension information) in terms of continuously preserving these qualities in an authentic state as the underlying technology constantly changes or “shifts” over time, thus taking into account and emphasizing the importance of both the initial authentication of information in accordance with accepted polices and practices and the urgency of maintaining that authenticity over time. In terms of this discussion the question for law librarians and others throughout the legal profession working with digital legal information is how to best provide assurance that primary and other legal information officially authenticated at a given time can be safely perceived as remaining reliably authentic over a much longer period of time in the midst of these constant shifts? Since John Markoff’s article may help us at least clarify these issues I wanted to share it with you.

David Badertscher

Here are some excerpts:

In case you missed it, the results from the 2008 version of Marshall Breeding’s Library Automation Survey are available at http://www.librarytechnology.org/perceptions2008.pl. This Survey is international in scope. There were 1,450 responses.

Update from the Lexis Alert Service,

January 21 & 26, 2009

1. People v. Lofton, 4649, 2903/06, SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT, 2008 NY Slip Op 9261; 56 A.D.3d 371; 2008 N.Y. App. Div. LEXIS 8795, November 25, 2008, Decided, THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING RELEASE OF THE FINAL PUBLISHED VERSION., THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE OFFICIAL REPORTS.

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January 26, 2009

CIVIL PROCEDURE, CIVIL RIGHTS, CONSTITUTIONAL LAW, CRIMINAL LAW & PROCEDURE Van de Kamp v. Goldstein, No. 07-854 In the context of 42 U.S.C. section 1983 civil rights suits, a prosecutor’s absolute immunity extends to claims that the prosecution failed to disclose impeachment material due to failure to: 1) properly train prosecutors; 2) properly supervise prosecutors; or 3) establish an information system containing potential impeachment material about informants..

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Former NY Senate Majority Leader Indicted on Federal Corruption Charges US V. JOSEPH L. BRUNO (U.S. Dist. Ct., N.D.N.Y., Jan. 23, 2009) – Republican Joseph Bruno, the former New York Senate Majority Leader, was indicted by a federal grand jury on criminal charges accusing him of public corruption by accepting nearly $3.2 million over more than a decade from labor unions.

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