New York State Defenders Association

Starting tomorrow, the NYS Department of Corrections and Community Supervision will begin accepting individuals who have been declared state ready. Visitation will restart on April 28, 2021 in maximum security facilities, and all other locations on Saturday, May 1, 2021. https://doccs.ny.gov/doccs-covid-19-report

Today, Bronx Supreme Court Justice Tuitt held that NYS must immediately begin to offer the COVID-19 vaccine to people in jails and prisons throughout the state. Respondents have irrationally distinguished between incarcerated people and people living in every other type of adult congregate facility, at great risk to incarcerated people’s lives during this pandemic, in... violation of State and Federal Equal Protection guarantees, and their decision must be vacated and modified to allow incarcerated individuals as a group to access vaccine eligibility in phase 1b. The decision in Holden v Zucker is available at https://legalaidnyc.org//holden-v.-zucker-covid-vaccine_si Congratulations to The Legal Aid Society, The Bronx Defenders, Brooklyn Defender Services, Neighborhood Defender Service of Harlem, and the NYCLU for today’s win! It is a shame that they needed to file this lawsuit and that the State chose to oppose the relief sought.

News Picks from NYSDA Staff 3/1/21: Courts to Resume In-Person Operations, Incl Jury Trials; Ongoing Toll of COVID-19 on Defenders and Others; Virtual Bench Trial Protocols and Procedures; EO 203 Plan Updates; WNY RIAC Feb & Mar Newsletters; and More

News Picks from NYSDA Staff 2-22-21- inclds ILS family ct eligibility standards; ILS director retiring; 2nd Cir rejects police union appeal; family defenders urge reform; new OCA Police STAT Act Data; upcoming trainings; NYSDA testimony on budget

It is with deep sadness that we share the news of the passing of Dawn Allert, our longtime office coordinator. Dawn will be missed by all of us at NYSDA and all those who knew her. Dawn's family asks that in her honor please, stay safe and wear a mask! https://www.legacy.com//timesun/name/dawn-allert-obituary

Our phones and email are down right now due to a power outage. If you need to contact NYSDA, please email [email protected].

News Picks from NYSDA Staff Driver’s License Suspension Reform Act Becomes Law, COVID-19 in Jails and Prisons: A System on Fire, Court Finds Neglect Allegations Unsubstantiated, LE Efforts Undermine Opening of Disciplinary Records, Upcoming CLE Programs

Thank you to all of our members and supporters! And thank you to all public defense attorneys, public defense team members, and advocates for the work you do every day! Our Association looks forward to supporting you in 2021.

From all of us at the New York State Defenders Association, we wish you a Happy New Year!

Today's News Picks from NYSDA Staff- Happy Holidays! Challenging Certificates of Compliance; New Laws, incl Protect Our Courts Act; filing limits in NYC Family Court impact families & practice; parole revocation rules update; Police STAT Act data & more

From NYS Department of Corrections and Community Supervision: UPDATE - Effective December 14, 2020, due to the increase in COVID-19 cases both inside and outside DOCCS’ correctional facilities, intake of state-ready individuals from county jails will be temporarily suspended. This decision will be reviewed in 30 days. The minimal intake already scheduled will occur. We will also be slowing down movement within the system. https://doccs.ny.gov/doccs-covid-19-report

News Picks from NYSDA Staff 12/4/20Courts Continue to Make COVID Adjustments; Defending Clients’ Rights to In-Person Proceedings; Prosecution’s Certificate of Compliance Invalid; HALTing Solitary Could Save Lives AND Money; Risk Assessments: Recent Reports

New Executive Order 202.76 NOW, THEREFORE, I, ANDREW M. CUOMO, Governor of the State of New York, by virtue of the authority vested in me by Section 29-a of Article 2-B of the Executive Law to temporarily suspend or modify any statute, local law, ordinance, order, rule, or regulation, or parts thereof, of any agency during a State disaster emergency, if compliance with such statute, local law, ordinance, order, rule, or regulation would prevent, hinder, or delay action necess...ary to cope with the disaster emergency or if necessary to assist or aid in coping with such disaster, or to provide any directive necessary to respond to the disaster, do hereby continue the suspensions and modifications of law, and any directives not superseded by a subsequent directive, contained in Executive Orders 202.36, 202.37, 202.46, 202.47, 202.54, 202.58, 202.59, 202.65, as continued and contained in Executive Order 202.70 for another thirty days through December 19, 2020, except: Pursuant to Executive Order 202.72, all suspensions of the Family Court Act shall remain in effect until December 18, 2020 and thereafter continue to remain in effect for those juvenile delinquency matters not involving a detained youth and for those child abuse and neglect proceedings not involving children that have been removed from their homes. Notwithstanding any contrary provision in the Criminal Procedure Law, any appearance at a criminal proceeding may be conducted virtually by electronic appearance with the consent of the parties, including but not limited to bench trials, evidentiary hearings, CPL 440 hearings, and/or probation or parole violation hearings. https://www.governor.ny.gov//no-20276-continuing-temporary

News Picks from NYSDA Staff Revised Pandemic Procedures Impact NY Jury & Bench Trials; Initial Report on Goals & Recs for Online Court System; License Suspension Reform Good Move; Investigation Commences into Illegal Drug Testing of Expectant Mothers