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Publication: Criminal Justice Section Reporter

NYSBA Task Force on Opioid Addiction Seeks To Enhance Treatment Options for Justice-Involved Individuals

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We cannot incarcerate ourselves out of addiction. Addiction is a medical crisis that – when it comes to nonviolent offenders – warrants medical interventions, not incarceration. –  Dominique DuBois Gilliard, pastor, criminal justice reform advocate and author of Rethinking Incarceration: Advocating for Justice That Restores The New York State Bar Association (NYSBA) created a statewide Task … Continued

Message From the Immediate Past Chair

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Where has the time gone? Two years have flown by, and despite all the work that we’ve done, it seems like we have just begun! Allow me a moment to review and reflect on the Criminal Justice Section’s most important achievements. The Criminal Justice Section was very active in letting our voice be heard through … Continued

Message From the Editor

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Although this issue will not be published until the next season, it is springtime as I write this message. It’s a time for change and renewal. For our section, it’s time for us to offer our heartfelt thanks to Leah Nowotarski, our outgoing chair, and a warm welcome to David Cohn, our incoming chair. Let’s … Continued

Message From the Chair

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I am honored to follow Leah Nowotarski as chair of the Criminal Justice Section. We thank Leah for her tireless service as chair. Under Leah’s tenure, CJS has returned to in-person programming. We have held CLEs addressing cutting-edge issues, such as New York’s criminal discovery laws and the Domestic Violence Survivors Justice Act. We have … Continued

The HALT Act and Solitary Confinement in New York State

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On Feb. 17, New York State corrections officers went on an unauthorized strike and demanded safer working conditions. One of their complaints was that the rules around solitary confinement, which went into effect in 2022, created dangerous conditions and prevented them from being able to adequately do their jobs. This article will examine the passage … Continued

Message From the Chair

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With a new year underway, the Criminal Justice Section is experimenting with new initiatives and member benefits. Here’s a brief review of what’s happened and what’s coming up: Gala For the first time since its inception, CJS sponsored a table at the gala that took place during NYSBA’s Annual Meeting. A mixof ten attorneys and their … Continued

The Annual Awards Luncheon

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Special thanks go out to our Awards Committee, Norman P. Effman, Chair, and members Daniel N. Arshack, Richard D. Collins, Lawrence S. Goldman, Kevin Thomas Kelly, Timothy J. Koller Robert J. Masters and John M. Ryan. Here are our recipients: Sherry Levin Wallach and Tucker C. Stanclift, both past chairs of the Criminal Justice Section, were the … Continued

Zealous Advocacy: A Doctrine Whose Time Has Passed?

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Overview: ‘A Duty of Loyalty’ Almost 40 years ago, the United States Supreme Court acknowledged that a criminal defense counsel’s duty to represent a client is not without limits. The court wrote, “that duty is limited to legitimate, lawful conduct compatible with the very nature of a trial as a search for truth.”1 Nevertheless, this position … Continued

Message From the Editor

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This issue of the Reporter is about fairness and justice. Yes, on the surface that is an odd statement in light of our section name: the Criminal Justice Section. But still, sometimes we do not focus on issues of fairness and justice the way in which we do in the following pages. First, we have … Continued