Message from the President

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New York State Association of Criminal Defense Lawyers

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Message from the President

Timothy W. Hoover

NYSACDL in the Age of Pandemic Martin Adelman passed away just before this issue was finalized. Marty was a champion for his clients, the attorneys he mentored, and for this association. He was a past president, long time board member, and a founding member of NYSACDL. The entire NYSADCL family sends our condolences to his family – and to those attorneys who are who they are because of Marty. He was a force for good, and he made all of us better.

Below I summarize what NYSACDL has done in response to the COVID-19 epidemic over the past two and one-half months. It is important for you to know that the work of our Association to serve you continues, and this is only a summary. But the more important and inspiring message is the one that you deliver day after day, despite the crisis. I am awed every day by the work that our members are doing to continue to zealously battle for their clients, for access to their clients, and for justice, while attending to and taking care of their families and their staffs.

The Board’s two guiding principles since March 1 have been largely the same as they always have been. First, do what we can to support and enhance the practice of our members. Second, be good stewards for the organization, and strengthen it, so that we can do more of the first, in different ways. With a lot of hard work from our members, our Board, our Executive Director, and even non-members, we have held our own over the past ten weeks. In fact, I think it’s fair to say that among the myriad bar associations, we have been a leader in supporting our members, the criminal defense lawyers of this state, and even lawyers in general.

When the New York State closure of businesses was announced during the week of March 16, and when the State issued guidance on Friday March 20 about which businesses were essential, there was a problem. A big one. Criminal defense lawyers were not listed. Working quickly, and ascertaining that no other state-wide bar association seemed primed to make an application, NYSACDL made an immediate request to Empire State Development to have criminal defense attorneys designated “essential.” Forty eight hours later, on Sunday March 22, we received word that our request was confirmed via the following response: “[l]aw firms and other providers of legal services are essential businesses only to the extent that their services are currently needed ... to support criminal defendants in court proceedings or individuals in emergency family court proceedings; or to participate in proceedings concerning the imminent release or detention of individuals subject to criminal or civil detention under any applicable provision of state or federal law, or proceedings to address

emergency risks to health, safety, or welfare[.]” This allowed you to go about your important work, and to be in the office to prepare for new arrests, new cases, and seeking the release of clients. The Board’s regular work and regular committee work continued, with a special focus on expense saving and preparing for the uncertain future, both for the rest of this year, and beyond.

In short order, the CLE Committee, headed by Steve Epstein of Garden City, organized two free CLE programs, open to all criminal defense attorneys, on seeking release of incarcerated clients during the pandemic. The April 9 program had 500 attendees. The April 20 program, focusing on Western New York, had over 230 attendees. The programs were recorded and remain available for viewing and CLE credit to any criminal defense attorney. Steve and the CLE committee – and NYSACDL’s indefatigable Executive Director, Jennifer Van Ort – jumped into action immediately to make sure that criminal defense lawyers across the state would have access to the tools they needed to do the important work of saving the lives of our clients. At the same time, our entire Board was involved in producing strong advocacy pieces related to the release of incarcerated individuals, opposition to the suspension of essential CPL safeguards, and other important issues of statewide reach and significance.

The CLE Committee also made immediate plans to move April in-person CLEs until later in the year, and to launch the ongoing Lunch and the Law CLE series, featuring interactive programs three or four days a week since early April. The Committee also has scheduled two upcoming CLEs on the 2020 bail/discovery amendments, and litigating in the face of COVID-19.

The Board launched a series of free member webinars tied to the financial and business considerations in the time of COVID-19. Through June 2, nine of these programs will have taken place,

Caravaggio, “Sette opere di Misericordia”

including three related to the Small Business Administration’s PPP loan process, an issue of paramount importance to our private practice members.

We also launched a series of free member wellness webinars, keyed to helping our members navigate these turbulent times, featuring Pema Sherpa. The third session took place on May 14.

As everyone knew it would, early February through the beginning of April involved a crush of activity for our Legislative Committee. The April 2020 budget provisions related to bail and discovery changed the 2019 reforms, but did so in much more modest ways than was originally proposed. Our Legislative Committee members were a key part of beating back the worst of the reform proposals, and preserving the core and fundamental reforms that were enacted in 2019. They deserve our strongest thanks. Finally, we have been a leader in actively coordinating with other bar associations, advocacy groups and advocacy partners, and making important content and CLE programming available to non-member criminal defense attorneys. It’s simply a fact that some bar associations and groups are driven by turf protection. It may be true, but that doesn’t make it right. I don’t believe we are like that, and we’ve worked hard to reach out to long-time and new partners this year. The current situation, as it relates to criminal defense and clients in need, demands such a holistic approach.

As much as we have tried to do, not all of our efforts succeeded. The courts were largely closed for months, and even the present steps toward reopening are limited. Significant efforts to get attention focused on the suspension of CPL provisions did not immediately succeed. Our members, who have worked so hard to fight for what is right, remain characteristically undaunted. They are continuing to speak out and advocate for access to justice and for full exercise of the rights essential to a fair criminal justice system.

When Judge Barrington D. Parker, Jr. of the Second Circuit accepted the Brennan Award at our dinner on January 30, 2020, his remarks included a discussion of the The Seven Works of Mercy, a masterpiece dating from 1607 by Caravaggio, which hangs over the altar of the Pio Monte della Misericordia church in Naples, Italy. The Judge connected the works of mercy (includ

ing those undertaken in the face of plague) to the work that our members do on a daily basis. The Judge could not have been more prescient regarding the fundamental goodness of our members, and importance of our work, and what we have done since we last gathered together in January. The most tangible, observable form of this incredible work are those incarcerated clients who have been (and who should have been) released from jail or prison because of COVID-19. Your work is lifesaving. Thank you.

I’m proud of what NYSACDL has done. But I recognize that the pandemic will continue to affect you, and us, in direct financial, practice and personal ways. You have my word that we will continue to work as hard as possible to be there for you, so you can be there for your families, your clients, your staffs, and your fellow criminal defense attorneys. A