NYCBA Members Newsletter

Welcome to the July 2008 issue of our Newsletter, our final issue until the Fall.

President's Message:

We want to thank everyone for the tremendous turn out that we had at the Annual Dinner at the Tavern on the Green. It was truly a superb evening, where we had an opportunity to honor those who reflect and exhibit the best in us all. Judge Reichbach's speech was powerful - and, for those who missed any part of his speech or who want to savor again his words of wisdom, we have attached a copy of Judge Reichbach's entire speech here.

Additionally, on behalf of our association, we want to thank both Judge Yates and Richard Ware Levitt for their outstanding CLE's. Both events were well attended and provided us all with important information utilized in our everyday practices.

Everyone should take time from the demands of our rigorous schedules to spend time with family and friends during the summer months. Take an opportunity for reflection and review. We hope to see everyone in the fall at our next CLE.

Yours for a better defense,

Tony Ricco,
President
email: tonyricco@aol.com

Notes re: Richard Ware Levitt's Second Circuit Criminal Law Update

Once again, on June 26, 2008, Richard Ware Levitt presented his annual CLE Seminar entitled "Recent Developments in the Second Circuit." We are pleased to announce that the entire 2008 Case Supplement (which covered the criminal justice decisions issued by the Second Circuit during the 2007 calendar year) has now been posted online on the FedCrimLaw.com website.

Thus, as a benefit of their membership, the Members of the NYCBA can now access the complete compilation of all of Mr. Levitt's case digests and the full text of the corresponding decisions from the Second Circuit for the 20-year period from January 1, 1988 to date by going to

http://www.fedcrimlaw.com/members/cgi-bin/LevittSearch/index.cfm

Judicial Vacancy- Appellate Division Third Department

The New York State Third Department Judicial Screening Committee has announced that it is seeking applications for one additional Justice vacancy in the Appellate Division, Third Department. For further information regarding this position, click here.

NYCBA Web Site Features:

Each month, we try to point out some of the latest resources that we have posted on our Website at www.nycrimbar.org/. In keeping with that tradition, we note the following item:

• We have posted online a copy of the controversial FISA Amendments Act of 2008, which the President signed into law on July 10, 2008. On the same day, a group of plaintiffs, led by Amnesty International and the ACLU, filed suit to have the new law declared unconstitutional on the grounds that it violates the First and Fourth Amendments to the U.S. Constitution, as well as Article III, and the principle of separation of powers. Copies of the pleadings in that case, as well as numerous additional materials relating to that lawsuit, are available online at the ACLU's website by clicking here.
  
  
• We have posted on our website a copy of a new report prepared for The Heritage Foundation, entitled "Revisiting the Explosive Growth of Federal Crimes," by John S. Baker, Jr., dated June 16, 2008. This Report notes that, on average, Congress enacts some 56.5 new crimes each year - or some 500 new Federal crimes each decade - facts that help explain the ever-expanding reach of the Federal Government and the explosive growth of its criminal justice system.
  
  
  

What's New On The Internet:

• There are now some 25,000 registered sex offenders in New York State, and the number and scope of new laws regulating that class of criminals seems to grow like topsy. The latest legislative addition is a new law, known as e-STOP (which stands for Electronic Security and Targeting of Online Predators Act) that was signed into law on May 14, 2008. (See, Gov. Patterson's Press Release announcing the new law; and see "State Senate Approves ‘E-Stop’ Sex Offender Bill," by Sewell Chan, The New York Times, Feb. 12, 2008).
  
  In January, the New York State Department of Law prepared an analysis of e-STOP, which is available at http://www.oag.state.ny.us/press/2008/jan/jan29a_08.html. Among other things, this new law bars defendants over the age of eighteen, who have been convicted of a sex offense involving a victim under age eighteen, from communicating by e-mail with minors. (The bill imposes the same ban on defendants classified as Level 3 offenders, and those who used the internet in the commission of the crime.). The bill includes only one exception for parents who are not otherwise prohibited from communicating with their children. Thus, an eighteen year-old high-school student convicted of the misdemeanor offense of sexual misconduct for having sex with a 16 year-old girlfriend would be prohibited from e-mail communication with his younger siblings for six years. A defendant convicted of a felony level sex offense could be barred from internet communication with siblings, and other minor relatives (including grandchildren) for ten, twenty and even thirty years.
  
  
• On the Federal side, the Department of Justice has now released its final version of the National Guidelines for Sex Offender Registration and Notification (the "SORNA Guidelines"). The PDF version, which runs 99 pages, can be accessed here. An electronic version can be accessed at http://www.ojp.usdoj.gov/smart/guidelines_final.htm and a 21-page summary, in the form of "Frequently Asked Questions," can be accessed at http://www.ojp.usdoj.gov/smart/pdfs/faq_sorna_guidelines.pdf
  
  
  
  
• New Regulations Regarding Recording or Monitoring of Calls from Inmates by the New York City Department of Corrections. The New York City Department of Corrections has announced new regulations and procedures relating to the recording of inmate phone calls. Those regulations are available by clicking here.

Essentially, if you are registered with the New York State Office of Court Administration and are in good standing, your primary phone number on record with OCA is already on the Do Not Record List and you do not need to take any further action.

However, if you are not registered with the NYS Office of Court Administration, or if you want to add other numbers to the Do Not Record List, you must take action to make sure submit your request on letterhead with the following information:

● Inmate's name and NYSID
● Your OCA number, or a copy of your current Certificate of Good Standing, or a printout from your state's court administration website indicating that you are in good standing.
● Telephone number(s) you want to exempt from recording
● A fax number or e-mail address we can use to contact you when your request has been reviewed.

Annual Dues:

We have suspended access to the NYCBA Website for those members who have not paid their 2008 dues. While those members may continue to receive this Newsletter, all other membership benefits have been suspended until 2008 membership dues are paid. If you are one of those individuals who no longer has access to the NYCBA Website, or to other member benefits, and you wish to be reinstated, or if you believe the suspension was made in error, please immediately contact Michael K. Bachrach, NYCBA Treasurer, by telephone at (212) 929-0592 or by email at michael@mbachlaw.com, so that we may update our records accordingly.

Annual dues are $100 and cover the period of January 1st – December 31st of each year. Payment may be made by sending your check, made payable to the "New York Criminal Bar Association," to Michael K. Bachrach, NYCBA Treasurer, 276 Fifth Avenue, Suite 501, New York, New York, 10001. Payments may also be made by emailing your credit card authorization to Michael or by faxing it to him at (866) 328-1630.

Comments and Newsletter Contributions Welcome

Comments on this and future issues of this Newsletter are most welcome, as are your own stories about cases, issues, arguments, events. etc. - whether just a sentence or a paragraph to alert us to a recent development, or a longer piece. Please send your material to Scott Tulman, Chair of the Internet and Newsletter Committee at Tel.: (212) 867-3600 or email: stulman@aol.com - or send your comments by email directly to our committee at: nycrimbar@nyc.rr.com.

Internet and Newsletter Committee:
Scott Tulman, Chair
Harvey Fishbein
Michael K. Bachrach
Peter Schmidt