June 2022 House of Delegates Meeting

June 2022 House of Delegates Meeting

Formal comments on these reports may be sent to [email protected] by Wednesday, June 1, 2022.

Reports Scheduled for Consideration by both the Executive Committee and House of Delegates

Resolution and report of the Committee on Diversity, Equity, and Inclusion

The provisions of the Association Bylaws providing for diversity delegates and diversity members-at-large for the Executive Committee will expire on January 31, 2024, without further action of the Association.  This resolution recommends removal of the sunset clauses from Bylaws provisions V.3.H. and VII.1.F.1., thereby permanently providing for said positions.  View the Bylaws (as amended January 2022).

Report and recommendations of the Task Force on Voting Rights and Democracy

This report contains five recommendations to improve election administration in New York State.

  1. Professionalize the hiring of senior election board staff.
  2. Professionalize the training process for election board members, senior staff, and polling place workers.
  3. Adopt ethics rules for election officials and staff.
  4. Make it easier to access public information about election boards’ procedures and operations. The State Board of Elections should establish for each of the county boards one standard website which is easy to navigate and includes plain-language guidelines in multiple languages.
  5. Appoint an Inspector General for the State and county boards, appointed by and under the auspices of the New York State Office of the Inspector General, to monitor board personnel and the implementation of the election law.

Report and Recommendations of the New York State Bar Association Task Force on Racism, Social Equity, and the Law

Report and recommendations of the Committee on Standards of Attorney Conduct (“COSAC”) – Comments to Rule 1.4 and Rule 5.6

Proposed new comments to the New York Rules of Professional Conduct Rules 1.4 and 5.6 concerning the obligations of departing lawyers and law firms to notify clients when a lawyer with primary or substantial responsibility for specific matters or clients intends to leave a law firm to join a different firm.

By way of background, COSAC presented a proposed new Rule 5.9 on this topic to the House of Delegates in October 2021. The presentation was for informational purposes only and the House took no position on this proposal. After further review, including with the Committee on Professional Ethics, COSAC has submitted a revised proposal which would add new Comments to Rule 1.4 as well as to Rule 5.6, rather than a proposed new black letter Rule 5.9. Comments from the Committee on Professional Ethics and other stakeholders concerning earlier versions of this proposal are linked below for reference.

Reports Scheduled for Consideration by the Executive Committee Only

Trusts and Estates Law Section – Affirmative Legislative Proposal – New York State Equity for Surviving Spouses Act (“NYS ESSA”)

In the opinion of the sponsoring Section, the proposed Equity for Surviving Spouses Act (ESSA) would reinforce for New York public employees the New York statutory surviving spouse protections of the right of election and the family exemption.  NYS ESSA is similar to the Retirement Equity Act of 1984 (“REACT”) and other federal laws reinforcing state-law protections for the surviving spouses of more than 140 million American private and federal employees.

Two versions of the proposal are available for your review, one including New York City plan provisions (NYS and NYC ESSA), which will require New York City approval, and one excluding New York City provisions (NYS ESSA), which will not require such approval.  Each version of the proposal includes a clickable table of contents, a one-page summary, a PowerPoint presentation, the proposed legislation, and other explanatory materials.

Committee on Mandated Representation – Affirmative Legislative Proposal – Support for Bill A4558-B/S2832-B on Procedures for Issuing, Reviewing, and Challenging Orders of Protection

An affirmative legislative proposal from the Committee on Mandated Representation in support of bill A4558-B/S2832-B, which would grant superior court judges the authority to issue a temporary order of protection when an action is pending in a local criminal court.

Committee on Mandated Representation – Affirmative Legislative Proposal – Amendments to Criminal Procedure Law §150.10

An affirmative legislative proposal from the Committee on Mandated Representation in support of amendments to Criminal Procedure Law §150.10 to require A) that appearance tickets include language advising defendants of their right to counsel, the availability of assigned counsel should defendant be unable to afford counsel, and the contact information for local criminal defense providers, and B) that the police officer or other public servant issuing the appearance ticket file a copy of the appearance ticket with the court and with local criminal defense providers.

Formal comments on these reports may be sent to [email protected] by Wednesday, June 1, 2022.