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New York State Bar Association

House of Delegates Meeting on January 27, 2012

Highlights

On January 27, 2012, the New York State Bar Association (“Association”) House of Delegates (“House”) met in New York, New York.  Here are highlights of the meeting.

·         The House elected the following officers and members-at-large of the Executive Committee for service beginning on June 1, 2012:

President-Elect

David M. Schraver, Rochester

Secretary

David P. Miranda, Albany

Treasurer

Claire P. Gutekunst, New York City

Vice-Presidents

First District

      Catherine A. Christian, New York City

      Jay G. Safer, New York City

            Second District

      Manuel A. Romero, Brooklyn

            Third District

      Lillian M. Moy, Albany

            Fourth District

      Rebecca A. Slezak, Amsterdam

            Fifth District

      Thomas E. Myers, Syracuse

            Sixth District

      Mark S. Gorgos, Binghamton

            Seventh District

      June M. Castellano, Rochester

      Eighth District
Sharon Stern Gerstman, Buffalo

Ninth District

      Arlene Antoinette Gordon Oliver, Mount Kisco

            Tenth District

      Emily F. Franchina, Garden City

            Eleventh District

      Richard M. Gutierrez, Forest Hills

            Twelfth District

      Steven E. Millon, New York City

            Thirteenth District

      Michael J. Gaffney, Staten Island

      At-Large Members of the Executive Committee

      Samuel F. Abernethy, New York City

      Honorable Margaret J. Finerty, New York City

      Sherry Levin Wallach, Mount Kisco

      Edwina Frances Martin, New York City

·         Hon. Jonathan Lippman, Chief Judge of the State of New York, addressed the House with respect to the status of Unified Court System initiatives.  He provided an update on the following:  (1) the Judiciary budget; (2) funding for civil legal services; (3) indigent defense; (4) judicial salaries; (5) juvenile justice; and (6) wrongful convictions.

·         President Vincent E. Doyle III presented an Executive Committee resolution to Hon. Ann T. Pfau in recognition of her service as Chief Administrative Judge from 2007 to 2011.

·         Former President Michael E. Getnick presented a memorial to Hon. Anthony V. Cardona, Presiding Justice of the Appellate Division, Third Department, who passed away in December 2011.

·         The Committee to Ensure Quality of Mandated Representation presented an informational report about its recommendations regarding the following:  (1) methods of sharing resources between providers of mandated representation; (2) legal impediments to sharing resources, model agreements, and programs; and (3) efforts to promote the sharing of resources.  The committee plans to present a report for action at the March 2012 House meeting.

·         President Doyle presented the annual Ruth G. Schapiro Award to Kim K. Azzarelli, President of the Women in the World Foundation.  Paula Donnolo, Ms. Azzarelli’s mother, accepted the award on her behalf.  The award recognizes an Association member for his or her outstanding contributions to addressing the concerns of women. It is named for the late Ruth G. Schapiro, the first chair of the Committee on Women in the Law.  Under Ms. Schapiro’s guidance, the committee’s initial report, which was developed in 1987, has served as a springboard for subsequent Association reports and actions on issues affecting not only women in the profession, but the public at large.  These issues include domestic violence, child abuse, bias, health issues, and gender equity.  Through Ms. Schapiro’s leadership, the committee instituted educational programs and publications for the public and the profession.

·         The House voted to approve proposed amendments to Rule 4.2 and Rule 1.2 of the Rules of Professional Conduct for submission to the Supreme Court of the State of New York, Appellate Division.  The proposed amendments were presented by the Committee on Standards of Attorney Conduct.

·         The Committee on Standards of Attorney Conduct updated the House with respect to the work of the American Bar Association (“ABA”) Commission on Ethics 20/20.  The commission is reviewing the Rules of Professional Conduct in the context of advances in technology and global legal practice, and it has issued a number of white papers and discussion drafts.  The Committee on Standards of Attorney Conduct has submitted comments to the commission with respect to these reports.

·         The House voted to approve a report and recommendations of the Criminal Justice Section in favor of the adoption of a sealing statute in New York State.  The House supported the amendment of the Criminal Procedure Law, the Executive Law, and any other necessary state statutes to provide a vehicle to seal a record of conviction or adjudication upon application.  The section’s Committee on Sealing/Expungement found that a criminal conviction can have a serious effect on the ability of a person to obtain employment, and that many New York occupational licenses and certifications are not available to a person with a criminal conviction.

·         President Doyle announced that James R. Silkenat, an Association member, will be nominated in February 2012 as ABA President-Elect.  He also announced that Lillian M. Moy, an Association member, is a candidate for a seat on the ABA Board of Directors.

·         The Committee on Diversity and Inclusion reviewed its 2011 Diversity Report Card survey.  The committee noted the importance of obtaining this information to make the Association more inclusive.  The committee is reviewing the development of a list of diverse CLE presenters and joint ventures with minority bar associations.

·         The Committee on Membership reported that sections are implementing diversity plans developed in response to President Doyle’s Section Diversity Challenge, which encourages sections to increase diversity in their membership.

·         David P. Miranda, Secretary, reported that the Special Committee on Strategic Planning is developing an action plan to implement committee recommendations.

·         Mr. Miranda reported on the development of a social media policy that is designed to ensure consistency in the use of the Association’s brand.

·         Patricia K. Bucklin, Executive Director, updated the House with respect to staff and internal operations, including the following:  (1) increased centralization; (2) the installation of a new telephone system; (3) meetings with section chairs; and (4) technology initiatives.