January 15, 2009
STATE BAR ASSOCIATION UNVEILS 2009 LEGISLATIVE
PRIORITIES
Promoting Greater Access to Justice for the Poor,
Judicial Salary Reform, Equal Rights for Same-Sex Couples, Enhancing
Support for the Legal Profession
As the State Legislature begins its 2009 legislative session this
month, the State Bar urges lawmakers to provide greater access to the
justice system for the poor, ensure equal rights for same-sex couples,
increase judicial salaries, and enhance support for the legal
profession, according to President Bernice K. Leber (Arent Fox
LLP). Each of these items represents key legislative priorities
that have been adopted by the State Bar’s Executive Committee.
“Now, more than ever, as we face a new year with the
financial markets still in crisis and the economy in a downward spiral,
it is imperative that we work together to improve the justice system so
that every citizen has an equal opportunity to receive quality legal
representation and services,” said Leber. “If enacted
into law, the State Bar’s legislative priorities will strengthen
the integrity of our courts, reward the best and brightest legal minds
for their service to the judiciary, and enhance the public’s trust
and confidence in our justice system.”
The State Bar’s legislative priorities include:
1. Access to the Justice System. “Access to
justice” is a primary focus of the Association’s legislative
priorities. The concept “Justice for All”
distinguishes and defines us as a nation where freedoms flourish under
the rule of law. Yet, studies show that the essential legal needs
of up to 85% of low-income New Yorkers are not met. The State Bar
urges these reforms:
• Funding for Civil Legal Services for the Poor. The
mortgage foreclosure crisis affects not only the poor but also, the
middle class. With nearly 40,000 foreclosure filings statewide in
2008, representing a more than 20 percent increase in filings from 2007,
the proper funding has become urgent, because the middle class and poor
require ancillary services such as consumer debt. Despite
the many pro bono hours attorneys provide to the indigent each year,
funding is necessary to ensure access for them to the justice
system. Last year, despite the hard-fought restoration of millions
of dollars that had been eliminated from the proposed Executive Budget,
state-supported funding for civil legal services for the most vulnerable
remains inadequate. Adequate funding provided by a dedicated
revenue stream is necessary and prudent. Protecting our needy
citizens will save countless dollars that will otherwise be required to
be spent by government for social services, housing, consumer debt, and
other programs.
• Independent Indigent Defense Commission. Due to
limited funding and the lack of statewide standards for handling
criminal cases, the current indigent defense system is in crisis.
Because of the concern that constitutional standards are not being met
in all circumstances, an independent Indigent Defense Commission should
be established, with broad powers to adopt standards, evaluate existing
programs and service providers, and generally supervise the operation of
New York’s public defense system.
2. Judicial Salary Reform for Judges of the State of New
York. The salaries of New York judges were last adjusted in 1999,
when they were brought into parity with salaries of federal district
court judges. Since then, New York judicial salaries have fallen
far behind those of federal judges, judges in other states and even
behind the salaries of first-year associates in many large law
firms. It is vitally important to have salaries that do not impose
financial limits that might deter highly-qualified individuals from
seeking judicial office, and to ensure that judges are fairly
compensated on an ongoing basis.
3. Equal Legal Rights for Same-Sex Couples. Under current
state law, there are significant differences in the legal treatment of
marital relationships and committed same-sex relationships in a wide
range of matters such as property rights, financial support,
responsibilities to children, health care, social security, long-term
care, domestic violence, access to the court system, and other
issues. The Association recommends enacting legislation affording
same-sex couples the ability to obtain the comprehensive set of rights
and responsibilities now available to opposite-sex couples through a
domestic partnership registry, civil unions, or an amendment to the
statutory definition of marriage, with the selection of the appropriate
option by the State Legislature.
4. Support for the Legal Profession. A core mission of the
New York State Bar Association is to represent the interests of the
legal profession. Some actions and proposals unfairly target or
burden lawyers. The Association will oppose any such efforts and
will work to ensure that attorneys are able to protect their
clients’ interests and effectively engage in the practice of
law. In that regard, the Association will work to protect the
independence of the judiciary and promote affirmative legislative
proposals that benefit the profession.
5. The Compact for Long-Term Care. The proposal would
provide a fair and equitable way to finance long-term care for elderly
and disabled persons in New York by
promoting personal responsibility on the part of the elderly and
chronically disabled for a fair share of their long-term care
costs. This initiative is designed to increase use of private
funds for long-term care, but still maintain the safety net that
Medicaid was intended to provide.
6. Uniform Mediation Act. The Uniform Mediation Act (UMA)
establishes a standard process for mediation. Under the UMA,
mediation would remain voluntary. Most important, the UMA would
resolve any question regarding the confidentiality of mediation and,
therefore, the protection of attorney-client confidentiality. The
increased use of mediation would reduce the costs of disputes for
individuals and businesses in New York, as well as demands upon the
courts.
The 76,000-member New York State Bar Association is the largest
voluntary state bar association in the nation. Founded in 1876, the
Association’s programs and activities have continuously served the
public and improved the justice system for more than 130 years.
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