Letters to the Editor

Ruling Conflicts With New York Law

Jeffrey A. Jannuzzo writes: Your article, "Criminal Conviction Needed for Attorney Misconduct Finding," quoted a law professor to the effect that the Western District magistrate judge's recommendation "may be right." In fact, the magistrate's decision is directly contrary to New York law.

Judge Sheila Abdus-Salaam

Judge Embodied Spirit of Law Day

By A. Gail Prudenti |

Law Day (May 1) has a special significance for me because it celebrates the rule of law of and the triumph of right over might. This year, however, the festivity is a bit dimmed by the loss of a cherished friend who I viewed as the very embodiment of all that we celebrate on Law Day: Court of Appeals Judge Sheila Abdus-Salaam.

Judge Sheila Abdus-Salaam

Judge's Death a Loss to Co-op/Condo Bar

I appreciated the article concerning Court of Appeals Judge Sheila Abdus-Salaam's impact on the commercial bar. I think in some ways this was even a greater loss to the relatively small cooperative and condominium bar.

Ruling Should Prompt Appellate Update

One hoped-for effect of the Court of Appeals' approval of visual aids is that it might inspire the appellate division to re-examine the blanket prohibition against images in briefs.

U.S. Supreme Court

U.S. Arbitration at a 'Serious Crossroad'

By Richard Berman |

Judge Richard Berman writes: American arbitration is at a serious crossroad. Its many positive attributes (and many outstanding arbitrators) are rightfully being re-evaluated against some significant shortcomings, which may include collective action bans, secrecy, incorrect legal analyses, conflicts of interest, and perfunctory judicial review.

Court of Appeals Building, Albany, NY.

Juries Need Guidance on Cross-Racial IDs

By Karen Newirth |

The former prosecutors and judges profiled in your article are not alone in seeking to appear as amici in 'People v. Boone' to urge the use of a jury instruction on the increased risk of misidentification in all cases involving cross-race identifications. A range of diverse and well-respected organizations seek to file briefs, which speaks to the magnitude of the risk, the general consensus about the "cross-race effect" in the relevant scientific research and the view that a mandatory instruction can mitigate the risk.

Michael Juviler

Judge Michael Juviler: One of the Very Best

By George Marlow |

In 1967, as a rookie lawyer in the Queens DA's office, I argued my first case in the Court of Appeals. As I waited for my case to be called, I witnessed Michael Juviler, a 32-year-young chief of the Manhattan DA's appeals bureau, argue a high-profile case. His presentation was brilliant, just like his performance in every significant position he held thereafter; including his roles as a dad, a grandpa and as a husband to his beloved Barbara.

Parties Deserve to See Forensic Evaluations

The Children's Law Center shares Timothy M. Tippins' belief in his recent column that the current restrictions preventing distribution of forensic evaluations to litigants in custody and visitation cases should be reformed. However, we believe that parties should be guaranteed access to, rather than possession of, these reports.

Michael Juviler

A Judge's Judge and a Good Deal More

By Albert Rosenblatt |

When describing an uncommonly talented jurist to whom other judges looked up, we might refer to "a judges' judge", and Judge Michael Juviler was surely that. But he was a good deal more.

Article Misconstrues Hiring 'Hazards'

The article "Employee Background Checks: The New Compliance Arena" promotes a number of misconceptions concerning individuals with conviction histories in the workplace, and insults them and their advocates in the process.

NYC Compliance Also Includes Credit Act

A recent column focused on criminal background checks while discussing employer obligations under the federal Fair Credit Reporting Act and the 2015 New York City statute, the Fair Chance Act. It is worth noting that employers in the five boroughs also have important obligations under another city law that was enacted around the same time as the Fair Chance Act, the Stop Credit Discrimination in Employment Act.

Robert Capers

Capers Was Apolitical as Top Prosecutor

While there has been much attention, consternation, and discussion regarding the fate of Southern District U.S. Attorney Preet Bharara and the firing of the remaining U.S. Attorneys from the previous administration, some thought and praise should be given to those now ex-U.S. Attorneys whose appointment had nothing to do with politics.

Queens District Attorney Richard A. Brown

Conviction Review Units Help Justice

The recent letter by Queens County District Attorney Richard Brown overlooks many important reasons for establishing independent conviction review units. Mr. Brown's thesis, that every prosecutor has duty to try to avoid wrongful convictions, should be self-evident but it is beside the point. Specialized and independent review of suspected wrongful convictions is preferable to the ad-lib approach Mr. Brown embraces.

Lynne Stewart

Fighting for Justice Will Honor Stewart

Robert J. Boyle writes: What many do not know is that Lynne was a "full service" lawyer. If you were her client, she not only fought brilliantly in court, she felt it was her responsibility to take care of her clients' needs: clothes, making sure the clients had commissary money, facilitating visits with family.

Queens District Attorney Richard A. Brown

Conviction Review Is For All Prosecutors

In a letter to the editor, Queens District Attorney Richard Brown writes: I believe that it is the responsibility of everyone in my office to prevent wrongful convictions and that should a claim be raised that someone has been wrongfully convicted or is being wrongfully prosecuted to promptly and thoroughly investigate that claim to ensure that justice is done.

The White House

Remark on Judiciary Has Familiar Tone

Inasmuch as history is a powerful teacher and in light of the recently-twittered tensions concerning the operation of the judicial branch of government, it might be well to consider Andrew Jackson's reputed comment about the "so-called" co-equal branch, rendered after an important early case and crisis in 1832.

Court of Appeals Building, Albany, NY.

Privilege Standard Was Misinterpreted

In a recent column, the authors suggest that the new qualified immunity test applicable to pre-litigation statements set out in 'Front, Inc. v. Khalil' may be overcome by a showing of malice. We respectfully disagree.

Column Misinterprets Real Estate Rulings

While the recent article "The 'Altman' Conundrum (Continued)" is an important update in the area of high rent deregulation, we think it misses the mark in its description of the Rent Act of 2011, as well as the import of '233 East 5th Street LLC' and the interplay between that decision and 'Altman'.

New York State Capitol in Albany

Legislature Can Save Indigent Defense Bill

By Lewis Rosenberg |

Last year, in a rare moment of statesmanship, the legislature unanimously passed a bill for the state to take over funding in the 52 other counties of all criminal defense furnished indigent defendants.

Late Judge Defended Press Freedoms

An attorney remembers Judge Leonard Sand and his contributions to freedom of the press.

Support New Judges in Family Court

By Richard M. Berman |

Family Court judges handle the most difficult and vexing legal and social problem—including among them juvenile crime, child abuse, domestic violence, custody and visitation, and adoption. And, so it is a real tribute to them and to court administrators, and a mark of real success, that the number of pending cases has dropped.

Defense Providers Meet High Standards

By Stan A. Germán |

At New York County Defender Services, we read with disappointment the inaccurate claims made by several city bar organizations and others regarding the suitability of using institutional defenders to represent indigent homicide defendants.