Editorial

John S. Wallenstein, Ben Ostrer, Russell Schindler

We hope you enjoy this issue of Atticus. We know it isn’t the usual format, which you can read in the subway, in the courthouse, or on a park bench, but in these strange times, we have to make some ad- justments. Most of us are working from home or in our offices, but without our usual court appearances and jail visits. NYSACDL’s CLE programs, which bring us together and help the Association’s bottom line, are running virtually now for at least the immediate few months ahead, and publishing online saves us substantial money. We look forward to the day we can return to printing a magazine that, in addi- tion to being informative and entertaining, is as the editors of MAD magazine used to write “suitable for wrapping fish.”

Three months ago, at NYSACDL’s annual dinner, we honored Speaker Carl E. Heastie, Senator Jamaal T. Bailey and Assemblyman Joseph Lentol for their work on discov- ery and bail reform, and heard supportive words from Lieutenant Governor Kathy Hochul, but in many ways it seems signifi- cantly more time has passed. Despite a full court press and the “Willie Horton” style campaign of falsehoods spearheaded by the District Attorneys Association of New York (DAASNY), bail and discovery reform have largely withstood the assault, even in the midst of the pandemic. Many thanks goes to all of the stakeholders who stepped up to refute the misinformation relied upon by those who sought to return New York to blindfolded discovery practice and a racist bail system. Speaker Heastie and his allies should be applauded for their staunch defense of the gains of last session. The backsliding in the recently adopted budget bill evidenced a compromise, though a step backward, which preserved many of the gains achieved on behalf of the people of New York. We encourage you to spare a moment to pass along a word of thanks to Speaker Heastie, Senator Bailey and Assem- blyman Lentol, for standing tall in the face of immense political pressure.

We also mourn the passing of iconic figures in our defense fraternity. Our deepest sympathies to the Adelman family on the passing of past president Marty Adelman, a founding member of this organization. We also recognize the passing of Jeremiah Fla- herty of Ulster County at age 70. Jeremiah was well known and universally admired among practitioners in the Hudson Val- ley. He was a brilliant attorney with a great sense of humor and flashy attire. He leaves behind many admirers. As we all do our best to stay safe and healthy in this uncertain time, NYSACDL, led by our President Tim Hoover and the officers and directors, stands ready to assist our members. Whether it’s advice on a case, sharing a brief, or just sharing a moment to commiserate, we are a community, and we must stand with each other. With the Governor’s Executive orders playing havoc with the operation of the courts, and the prosecutors looking for every way they can to flout the discovery reforms we worked so hard to achieve, now more than ever, we need to remain vigilant.

STAY SAFE AND HEALTHY. BEN, JOHN & RUSSELL