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An Arrest is NOT a Conviction SM

Remember: drinking and driving is NOT a crime attorney criminal defense (at least for adults) in ANY state (assuming attorney criminal defense no "open container" offense, by having an open attorney criminal defense alcohol container insider your passenger compartment.attorney criminal defense The crime comes from IMPAIRED driving,attorney criminal defense or DRIVING with an “unlawful blood alcohol level” attorney criminal defense (”UBAL”, or “per se” DUI / DWI as lawyers attorney criminal defense refer to it) in your blood, breath or urine [for attorney criminal defense those who have submitted to blood testing or attorney criminal defense breathalyzer testing]. Specific issues testing attorney criminal defense issues occur when there has been a car accident attorney criminal defense or someone is accused of vehicular homicide attorney criminal defense (sometimes called "homicide by vehicle"). A conviction attorney criminal defense for “drunk driving” generally remains on attorney criminal defense you

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Who is behind DrunkDrivingDefense.attorney criminal defense com? William C. Head has been attorney criminal defense called one of the nation's foremost authorities attorney criminal defense on drunk driving defense. Mr. Head is well known attorney criminal defense across America by criminal trial lawyers and attorney criminal defense most law firms, and is Senior Partner in the attorney criminal defense USA's largest law firm specializing in drunk driving attorney criminal defense defense, Head, Thomas, Webb, & Willis, LLC.attorney criminal defense Mr. Head's company, Headlines Marketing has attorney criminal defense invited competent and knowledgeable legal counsel attorney criminal defense in EVERY state to join his network of drunk attorney criminal defense driving defense web sites, under the national attorney criminal defense banner of DrunkDrivingDefense.com. See our Mission attorney criminal defense Statement.

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WHAT attorney criminal defense ARE THE CONSEQUENCES AND PENALTIES?

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DO I LOSE attorney criminal defense MY LICENSE OR SUFFER A PENALTY FOR SUBMITTING?attorney criminal defense

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An Arrest attorney criminal defense is NOT a Conviction SM

Remember: drinking and attorney criminal defense driving is NOT a crime (at least for adults) in attorney criminal defense ANY state (assuming no "open container" offense,attorney criminal defense by having an open alcohol container insider attorney criminal defense your passenger compartment. The crime comes from attorney criminal defense IMPAIRED driving, or DRIVING with an “unlawful attorney criminal defense blood alcohol level” (”UBAL”, or “per se” DUI attorney criminal defense / DWI as lawyers refer to it) in your blood, attorney criminal defense breath or urine [for those who have submitted to attorney criminal defense blood testing or breathalyzer testing]. Specific attorney criminal defense issues testing issues occur when there has attorney criminal defense been a car accident or someone is accused of vehicular attorney criminal defense homicide (sometimes called "homicide by attorney criminal defense vehicle"). A conviction for “drunk driving” generally attorney criminal defense remains on you

r d

riving and criminal record attorney criminal defense for LIFE, possibly blocking job opportunities attorney criminal defense and limiting travel to some countries in the attorney criminal defense future.

For an excellent and informative article attorney criminal defense on this subject written by noted California attorney criminal defense DUI Defense Attorney Lawrence Taylor, click here.attorney criminal defense

Who is behind DrunkDrivingDefense.com? William attorney criminal defense C. Head has been called one of the nation's attorney criminal defense foremost authorities on drunk driving defense. attorney criminal defense Mr. Head is well known across America by criminal attorney criminal defense trial lawyers and most law firms, and is Senior attorney criminal defense Partner in the USA's largest law firm specializing attorney criminal defense in drunk driving defense, Head, Thomas,attorney criminal defense Webb, & Willis, LLC. Mr. Head's company, Headlines attorney criminal defense Marketing has invited competent and knowledgeable attorney criminal defense legal counsel in EVERY state to join his attorney criminal defense network of drunk driving defense web sites, attorney criminal defense under the national banner of DrunkDrivingDefense.attorney criminal defense com. See our Mission Statement.

Don’t delay! attorney criminal defense It may cost you the right to obtain LIMITED driving attorney criminal defense privileges while your DUI case is pending.attorney criminal defense Please use our TOLL-FREE links to find a skilled attorney criminal defense DUI lawyer in your area.

of the Content or "Look attorney criminal defense and Feel" Of this Web Site is Not Permitted.attorney criminal defense

NATIONWIDE TOLL FREE NUMBER 1-888-DUI-CHARGE (1-888-384-2427)attorney criminal defense

Click here for FREE Online Questionnaire attorney criminal defense FOR ANY STATE

Headlines Marketing Corporation,attorney criminal defense William C. Head, President

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DUI, DWI, OUI, OWI, OUIL Legal Information,attorney criminal defense Drunk Driving Lawyers Nationwide

DUI Lawyersattorney criminal defense

An Arrest is NOT a Conviction SM

"I refused attorney criminal defense to be tested"

WHAT ARE THE CONSEQUENCES AND PENALTIES?attorney criminal defense

"I took the test offered by

the officer.attorney criminal defense Am I okay?"

DO I LOSE MY LICENSE OR SUFFER A PENALTY attorney criminal defense FOR SUBMITTING?

WARNING!

drinking and driving attorney criminal defense is NOT a crime

DrunkDrivingDefense.com.

Don’t attorney criminal defense delay!

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BREAKING NEWS!!!!!!!!!!

WRITE TO GOVERNOR attorney criminal defense PATAKI AND URGE

HIM TO SIGN ASSEMBLY BILL A8980/S5580.attorney criminal defense

State Assembly Jeffrion Aubrey has asked attorney criminal defense our help in having Governor George Pataki sign attorney criminal defense the bill, which entitled "An Act to Authorize attorney criminal defense the Resentencing of Certain Class A-II Felony attorney criminal defense Controlled Substance Offenders" would extend attorney criminal defense the right to petition for se-sentencing to a determinate attorney criminal defense term of imprisonment to some individuals.attorney criminal defense

Click here to read a text of Assembly bill attorney criminal defense A8980

Here is the text of a proposed letter.

Dear attorney criminal defense Governor Pataki:

I am writing to strongly urge attorney criminal defense you to sign Assembly bill A8980/S5880 when it is attorney criminal defense sent to your desk by the Senate for your signature.attorney criminal defense The bill, entitled “An Act to Authorize attorney criminal defense the Re-Sentencing of Certain Class A-II Felony attorney criminal defense Controlled Substance Offenders” would extend the attorney criminal defense right to petition for re-sentencing to a determinate attorney criminal defense term of imprisonment, to individuals serving attorney criminal defense indeterminate sentences for A-II Article attorney criminal defense 220 felonies. The bill was passed in the Assembly attorney criminal defense and Senate on June 24, 2005.

As you may recall,attorney criminal defense New York, in late 2004, enacted changes to attorney criminal defense its drug laws after 30 years. The legislation,attorney criminal defense which was signed by you on December 14, 2004, attorney criminal defense reforms sentencing for certain non-violent A-I attorney criminal defense felony offenders (from 15 - 25 Years to Life to attorney criminal defense 8 to 20 years) eliminating life sentences for attorney criminal defense A-I and A-II felony offenders and replacing them attorney criminal defense with determinate sentences. The legislation attorney criminal defense also provides certain A-I felony offenders with attorney criminal defense the opportunity to apply to their sentencing courts attorney criminal defense for possible retroactive sentencing relief attorney criminal defense (Laws of 2004, Chapter 738).

I urge you to take attorney criminal defense the next step towards reforming New York’s draconian attorney criminal defense drug laws, and sign this vital piece of attorney criminal defense legislation (A8980/S5880-2005) which represents attorney criminal defense the New York State legislature’s second step attorney criminal defense towards reforming the “Rockefeller Drug Laws.”

CAMERAS attorney criminal defense IN THE COURTROOM

Court TV? Not in New York,attorney criminal defense State's Top Judges Say

Associated Press

Thursday,attorney criminal defense June 16, 2005

The NYSACDL's position in the attorney criminal defense Court TV case prevailed in the Court of Appeals.attorney criminal defense Amicus Chair Richard Willstatter sends thanks attorney criminal defense to Chadbourne & Parke who wrote our amicus brief.attorney criminal defense

Court TV lost its bid to reverse New York attorney criminal defense State's ban on cameras in the courtroom as the attorney criminal defense state's highest court ruled there is no consitutional attorney criminal defense right to televise court proceedings.

In a attorney criminal defense 7-0 decision, the Court of Appeals ruled that attorney criminal defense no constitutional rights are being violated by attorney criminal defense keeping television cameras out of the courtroom.attorney criminal defense The court said it is the Legislature's job to attorney criminal defense decide whether trials may be televised.

"In New attorney criminal defense York State, the decision whether or not to permit attorney criminal defense cameras in the courtroom is a legislative attorney criminal defense prerogative," Judge George Bundy Smith wrote in attorney criminal defense the decision.

In arguments before the Court of attorney criminal defense Appeals in April, Court TV's lawyer, David Boies,attorney criminal defense said the state constitution provides the right attorney criminal defense of public access to courts and assures the right attorney criminal defense of the press to cover those proceedings. attorney criminal defense The cable television network dedicated to legal attorney criminal defense affairs argued New York law unfairly bans television attorney criminal defense reporters and their news-gathering crews attorney criminal defense from fair access to courts.

Boies, Al Gore's chief attorney criminal defense lawyer in the 2000 presidential election-recount attorney criminal defense battle, also noted that 43 states allow teleivion attorney criminal defense camer access to courtrooms.

Court TV sued attorney criminal defense the state and the Manhattan District Attorney's attorney criminal defense office in 2001, arguing the ban is an infringement attorney criminal defense on protected freedoms and tells news organizations attorney criminal defense how to gather the news.

State lawyers attorney criminal defense argued that although the press has the right attorney criminal defense to cover trials, that right doesn't extend to television,attorney criminal defense which they said can influence judges,attorney criminal defense lawyers, witnesses and jurors. The state also attorney criminal defense noted that eight federal circuit courts havefound attorney criminal defense no constitutional right for television coverage attorney criminal defense of courts.

The Court of Appeals agreed.

Civil-rights attorney criminal defense law "does not prevent the press, including attorney criminal defense television journalists, from attending trials attorney criminal defense and reporting on the proceedings," Smith wrote attorney criminal defense "What theycannot do under the statute is attorney criminal defense bring cameras into the courtroom. This is not attorney criminal defense a restriction on the openness of court proceedings attorney criminal defense but rather on what means can be used in order attorney criminal defense to gather news."

New York State allowed audiovisual attorney criminal defense coverage of court proceedings for nearly attorney criminal defense 10 years until enabling legislation lapsed on attorney criminal defense June 30, 1997. Boies and State Solicitor General attorney criminal defense Caitlin Halaligan did not immediately return attorney criminal defense calls for comment.

click here to read the decisionattorney criminal defense

Congratulations is owed to Past President Mark attorney criminal defense Mahoney for submitting an Amicus brief, on behalf attorney criminal defense of NYSACDL, to the Court of Appeals on a attorney criminal defense “last minute request” concerning the issue of “ attorney criminal defense Can a traffic stop made by a housing authority attorney criminal defense peace officer be validated by the citizen’s arrest attorney criminal defense provision of the CPL”. The Court of Appeals attorney criminal defense held that it cannot.

Also, congratulations should attorney criminal defense go to Richard Willstater, our Amicus Chair,attorney criminal defense for designating this case for an Amicus brief.

The attorney criminal defense case was decided on 5/10/05.

Scope of Authority attorney criminal defense Case

New York Law Journal

May 11, 2005

The Court attorney criminal defense of Appeals decided People v. Jason Williams,attorney criminal defense 81, a case centering on the scope of a law enforcement attorney criminal defense agent's authority.

In that case, Jason attorney criminal defense Williams was arrested after two Buffalo Municipal attorney criminal defense Housing Authority peace officers saw him drive attorney criminal defense by a housing project.

He was stopped because attorney criminal defense air fresheners hanging from the rearview mirror attorney criminal defense obscured the windshield and because he was not attorney criminal defense wearing a seat belt.

After informing the officers attorney criminal defense that he did not have a valid driver's license,attorney criminal defense Mr. Williams was ordered out of his car. One attorney criminal defense of the officers noticed that he seemed to have attorney criminal defense something in his mouth and discovered a plastic attorney criminal defense bag allegedly containing crack cocaine.

Assistant attorney criminal defense Erie County District Attorney J. Michael Marion attorney criminal defense conceded that the arrest occurred outside attorney criminal defense the jurisdiction of the Buffalo Municipal Housing attorney criminal defense Authority peace officers, but maintained the attorney criminal defense apprehension of Mr. Williams was the same as attorney criminal defense a citizen's arrest.

The Court, through Judge Graffeo,attorney criminal defense disagreed, noting that the Criminal Procedure attorney criminal defense Law distinguishes between the arrest powers attorney criminal defense of peace officers and private citizens, and specifically attorney criminal defense says that the authority to effect a attorney criminal defense citizen's arrest extends only to "a person acting attorney criminal defense other than as a police officer or a peace officer.attorney criminal defense "

"This, of course, is not to say that an attorney criminal defense individual employed as a peace officer may never attorney criminal defense under any circumstances affect a citizen's arrest,attorney criminal defense " Judge Graffeo wrote. "We hold only that attorney criminal defense a peace officer who acts under color of law and attorney criminal defense with all the accouterments of official authority attorney criminal defense cannot."

Mr. Williams made no appearance.

SHOPPING attorney criminal defense FOR JUDGES IN SYRACUSE

by Craig P. Schlangerattorney criminal defense

Onondaga County District Attorney William J. attorney criminal defense Fitzpatrick recently continued his efforts to control attorney criminal defense the local judiciary by filing an Article attorney criminal defense 78 proceeding against two Syracuse City Court attorney criminal defense judges, Langston C. McKinney and Kate Rosenthal,attorney criminal defense seeking to restrain them from such "unlawful" attorney criminal defense arraignment practices as scrutinizing felony complaints attorney criminal defense for legal sufficiency and refusing to attorney criminal defense consider, for purposes of sufficiency or bail,attorney criminal defense information that the District Attorney had labeled attorney criminal defense "confidential" without providing that information attorney criminal defense to defense counsel.

On April 1, Supreme attorney criminal defense Court Justice Donald Greenwood heard oral argument attorney criminal defense on the Article 78 proceeding while some 300 attorney criminal defense spectators filled the courtroom and spilled out attorney criminal defense into the hallway. Both judges were present with attorney criminal defense their counsel from the Attorney-General’s Office.attorney criminal defense It should also be noted that the NYSACDL attorney criminal defense submitted an amicus memorandum of law, authored attorney criminal defense by Scott Greenfield, on behalf of the judges.

The attorney criminal defense orderly crowd, which Fitzpatrick later characterized attorney criminal defense in comments to the media as "mob violence",attorney criminal defense consisted largely of community activists,attorney criminal defense including representatives of the NAACP, and concerned attorney criminal defense citizens who have been increasingly outraged attorney criminal defense at Fitzpatrick's public criticism of McKinney,attorney criminal defense a well-respected and experienced judge and,attorney criminal defense with the exception of one part-time village attorney criminal defense justice, the only African-American in the Onondaga attorney criminal defense County judiciary. The oral argument was generally attorney criminal defense confined to the threshold issue of subject attorney criminal defense matter jurisdiction. Judge Greenwood reserved attorney criminal defense decision.

The ongoing controversy came to a head attorney criminal defense one week before the argument of the Article attorney criminal defense 78, when Brian Shaw, a Syracuse University student,attorney criminal defense was arrested and charged with murdering his attorney criminal defense estranged girlfriend. At Shaw’s Friday morning attorney criminal defense arraignment, McKinney called Chief Assistant attorney criminal defense District Attorney Patrick Quinn and defense attorney attorney criminal defense Thomas Ryan into chambers in order to discuss attorney criminal defense his concern that the factual allegations in attorney criminal defense the felony complaint tended to support a charge attorney criminal defense of manslaughter but not murder in the second attorney criminal defense degree. According to Ryan, Quinn agreed to cure attorney criminal defense the defect by filing supplemental papers, and attorney criminal defense McKinney continued the arraignment to the afternoon attorney criminal defense for

tha

t purpose.

Fitzpatrick fired off a attorney criminal defense letter to James C. Tormey, the Administrative Judge attorney criminal defense of the Fifth Judicial District, complaining attorney criminal defense about the ongoing struggles between the District attorney criminal defense Attorney’s Office and McKinney over the sufficiency attorney criminal defense of felony complaints. In his letter, Fitzpatrick attorney criminal defense asserted that McKinney had “completely attorney criminal defense overstepped his bounds” and asked Tormey to attorney criminal defense intervene immediately “to prevent a total miscarriage attorney criminal defense of justice” by asking Syracuse City Court attorney criminal defense Supervising Judge Jeffrey Merrill to arraign attorney criminal defense Shaw or by appointing another judge to do so.

In attorney criminal defense an “unusual–and astonishing and dangerous” move,attorney criminal defense (Syracuse Post-Standard editorial, April 7, attorney criminal defense 2005), Tormey immediately granted Fitzpatrick’s attorney criminal defense request and then some: He relieved McKinney of attorney criminal defense his arraignment duties for the rest of his arraignment attorney criminal defense term, which ended the following Sunday,attorney criminal defense and assigned Merrill to take his place. Merrill attorney criminal defense completed the arraignment of Shaw that afternoon attorney criminal defense and held him without bail on the basis of attorney criminal defense the original accusatory instrument.

Assembly Committee attorney criminal defense Kills Death Penalty Bill

Albany, April 12

Associated attorney criminal defense Press

The Democratic-controlled state attorney criminal defense Assembly's powerful Codes Committee voted 11-7 attorney criminal defense Tuesday not to let the full house vote on legislation attorney criminal defense aimed at reinstating New York's death penalty,attorney criminal defense a move that may kill the effort for this attorney criminal defense year. Such legislation has been pushed hard by attorney criminal defense Republican Gov. George Pataki and the state Senate's attorney criminal defense Republican majority leader, Joseph Bruno.attorney criminal defense In March, the GOP-led Senate voted, 37-22, in attorney criminal defense favor of an almost identical bill to the one attorney criminal defense rejected Tuesday. Pataki called the committee's attorney criminal defense decision "outrageous."

New York's death penalty attorney criminal defense was reinstated in 1995 by the Legislature and attorney criminal defense the newly elected Pataki who had vowed, as part attorney criminal defense of his successful campaign to oust then-Democratic attorney criminal defense Gov. Mario Cuomo, to bring capital punishment attorney criminal defense back. Cuomo, in 12 years as governor, had routinely attorney criminal defense vetoed death penalty legislation. A ruling attorney criminal defense last year by the state's highest court effectively attorney criminal defense declared the 1995 statute invalid. Since attorney criminal defense the law took effect, no person in New York has attorney criminal defense been executed although seven people were sentenced attorney criminal defense to death. "I'm very pleased," said Albany's attorney criminal defense Roman Catholic bishop, Howard Hubbard, after attorney criminal defense the committee vote he witnessed. "I think the attorney criminal defense death penalty has not

oven effective and is attorney criminal defense morally repugnant."

Assembly Speaker Sheldon Silver,attorney criminal defense a Manhattan Democrat, has supported the death attorney criminal defense penalty in the past but cooled to the policy attorney criminal defense in recent months. Some former Democratic supporters,attorney criminal defense including Codes Committee Chairman Joseph attorney criminal defense Lentol, have gone even further and come out attorney criminal defense against the death penalty. Lentol told his fellow attorney criminal defense Codes Committee members Tuesday that advances attorney criminal defense in DNA technology have shown innocent people attorney criminal defense are too often convicted of murder. The Brooklyn attorney criminal defense Democrat said New York's life-without-parole sentences attorney criminal defense are sufficient. But Republican members attorney criminal defense of the Codes Committee argued the issue was too attorney criminal defense important to let it die without a vote by the attorney criminal defense full chamber. Sta

Assemblyman David Townsend,attorney criminal defense a central New York Republican, said the legislation attorney criminal defense was needed "to protect the innocent people attorney criminal defense of New York from these monsters." "Once again attorney criminal defense the Assembly leadership is failing New Yorkers attorney criminal defense by refusing to enact tough criminal justice legislation attorney criminal defense that will reduce crime, save lives and attorney criminal defense protect our families," Pataki said. "The Assembly attorney criminal defense leadership's `So what' attitude toward criminals attorney criminal defense ... is simply shameful," Pataki added. attorney criminal defense "They need to stop protecting criminals and start attorney criminal defense protecting New Yorkers." Lentol told his colleagues attorney criminal defense they would likely be revisiting the issue,attorney criminal defense although probably not this year. "I don't think attorney criminal defense this iss

will die today," Lentol said. "The attorney criminal defense nature of politics being what it is, it will attorney criminal defense be brought up again and again in years to come.attorney criminal defense " In fact, Republicans may try to attach the attorney criminal defense death penalty to other legislation in the Assembly attorney criminal defense as an amendment. Such backdoor efforts, however,attorney criminal defense routinely fail on almost straight party-line attorney criminal defense votes.

There are currently 103 Democrats and attorney criminal defense 46 Republicans, with one vacancy, in the 150-member attorney criminal defense Assembly. Calling it "the democratic thing attorney criminal defense to do," a disappointed Bruno said, "I would have attorney criminal defense thought, minimally, they would allow that bill attorney criminal defense to go the floor." But death penalty opponents,attorney criminal defense including the brother of convicted Unabomber attorney criminal defense Ted Kaczynski, praised the action. "It was a attorney criminal defense great day," said David Kaczynski, who turned in attorney criminal defense his brother in 1996 after 16 explosions between attorney criminal defense 1978 and 1995 that killed three people and injured attorney criminal defense 29 others. "I think this is a giant step attorney criminal defense along the path to abolition of the death penalty" attorney criminal defense nationally, said David Kaczynski, executive attorney criminal defense director

New Yorkers Against the Death Penalty.attorney criminal defense His brother was sentenced to life without parole attorney criminal defense as part of a plea agreement in 1998.

In June,attorney criminal defense New York's Court of Appeals effectively placed attorney criminal defense a moratorium on executions with a 4-3 ruling attorney criminal defense that jury-instruction provisions in the 1995 attorney criminal defense statute could coerce some jurors into voting for attorney criminal defense death even if they opposed the penalty.

Probe attorney criminal defense Examines Judges' Actions In Plea Process

New York attorney criminal defense Law Journal

April 1, 2005

The State Commission attorney criminal defense on Judicial Conduct has opened an investigation attorney criminal defense that could end up drawing lines as to how far attorney criminal defense and in what manner judges can involve themselves attorney criminal defense in the plea bargaining process.

The commission attorney criminal defense is looking into a complaint against Acting Justice attorney criminal defense Rena K. Uviller to determine whether her attorney criminal defense involvement in a plea negotiation was coercive,attorney criminal defense according to several sources.

David Bookstaver,attorney criminal defense a spokesman for the court system, declined to attorney criminal defense comment.

Though the details of the complaint are attorney criminal defense unknown, the commission is reportedly looking attorney criminal defense at a practice that, in one version or another,attorney criminal defense is used by many judges to encourage pleas.

Indeed,attorney criminal defense because judges' involvement in the plea process attorney criminal defense is widespread, sources said, the commission's attorney criminal defense action has touched a raw nerve among some attorney criminal defense judges who sit with Justice Uviller on the Criminal attorney criminal defense Term of the Supreme Court in Manhattan.

The attorney criminal defense most potent form of a judge's participation attorney criminal defense in the plea bargaining process, several defense attorney criminal defense lawyers said, was developed by Acting Justice attorney criminal defense Harold W. Rothwax, who died in 1997.

It is common attorney criminal defense for the prosecution to issue a one-time-only attorney criminal defense offer of a lenient sentence early in a case. Justice attorney criminal defense Rothwax would commit to the prosecution's attorney criminal defense suggested sentence but warn defendants that if attorney criminal defense they did not accept the offer, the sentence they attorney criminal defense would face if they later pleaded guilty would attorney criminal defense increase by a set amount.

Defense lawyers said attorney criminal defense judges have adopted the Rothwax approach in attorney criminal defense different iterations. In a far less pointed version,attorney criminal defense a judge might tell defendants that based attorney criminal defense on their criminal histories and other factors they attorney criminal defense would face a longer sentence if they go to attorney criminal defense trial.

The commission's administrator, Robert H.attorney criminal defense Tembeckjian, declined to answer any questions attorney criminal defense about whether a probe of Justice Uviller is under attorney criminal defense way. But, speaking generally of the commission's attorney criminal defense work, he said, "Over the years, we have appropriately attorney criminal defense adjudicated gross abuses of judicial attorney criminal defense discretion — such as presuming guilt, coercing attorney criminal defense guilty pleas, misusing the summary contempt attorney criminal defense power and disregarding statutory mandates for setting attorney criminal defense bail — as violations of the Code of Judicial attorney criminal defense Conduct, which requires all judges to be fair,attorney criminal defense impartial and faithful to the law."

Those attorney criminal defense investigations, and subsequent proceedings, he attorney criminal defense added, have "always been sensitive to a judge's attorney criminal defense independence and exercise of discretion."

Before attorney criminal defense an investigation can be opened it must be approved attorney criminal defense by the 11-member commission.

Henry T. Berger,attorney criminal defense a former commission chairman, said one way attorney criminal defense the commission might deal with a broad question,attorney criminal defense such as the judicial role in plea negotiations,attorney criminal defense would be to issue a dismissal, coupled with attorney criminal defense a private caution to a judge. Then in its annual attorney criminal defense report, the commission could set forth its attorney criminal defense views on the issues raised by the case without attorney criminal defense disclosing the judge's identity, he said.

According attorney criminal defense to the commission's latest annual report, attorney criminal defense it opened 235 investigations in 2003. During that attorney criminal defense year it also dismissed 110 complaints against attorney criminal defense judges after conducting an investigation; issued attorney criminal defense 30 non-public letters of caution, combined attorney criminal defense with dismissals; and brought charges against 27 attorney criminal defense judges which could lead to a public sanction.

Defendants' attorney criminal defense Rights

In recent years, the commission attorney criminal defense has shown a greater willingness to view judges' attorney criminal defense disregard of defendants' rights as a violation attorney criminal defense of the state's judicial code, said Gerald attorney criminal defense Stern, a former commission administrator. Mr. Stern,attorney criminal defense who was the commission's chief executive attorney criminal defense for 28 years, said he has no knowledge of any investigations attorney criminal defense the commission has undertaken since attorney criminal defense he left in 2003.

"Coercing guilty pleas was attorney criminal defense once excused as a judge's effort to dispose of attorney criminal defense cases," he said.

"The present commission," he added,attorney criminal defense "appears to be sensitive to complaints that attorney criminal defense judges have coerced guilty pleas."

Mr. Stern attorney criminal defense pointed to the commission's determination to remove attorney criminal defense Troy City Court Judge Henry T. Bauer from attorney criminal defense the bench for setting high bail to coerce pleas attorney criminal defense and for failing to advise defendants of their attorney criminal defense right to counsel. The decision was affirmed by attorney criminal defense a divided Court of Appeals last year.

Mr. Stern attorney criminal defense also said that in 1998 the commission censured attorney criminal defense a town justice for threatening defendants with attorney criminal defense added charges and higher fines to coerce guilty attorney criminal defense pleas. Also, in 2002, a New York City Criminal attorney criminal defense Court judge was censured for giving the explicit attorney criminal defense message that she was using bail to coerce attorney criminal defense pleas from defendants reluctant to accept an offer.attorney criminal defense

Clear Lines Needed

Joshua L. Dratel, president attorney criminal defense of the New York State Association of Criminal attorney criminal defense Defense Lawyers, called the commission's examination attorney criminal defense of a judge's role in plea bargaining attorney criminal defense "a positive development." There is nothing "inherently attorney criminal defense bad" in a judge's working with the parties attorney criminal defense to achieve a plea, he said, but there is "an attorney criminal defense unfortunate potential" that judges will end up attorney criminal defense punishing defendants for exercising their constitutional attorney criminal defense right to a trial.

"Hopefully," he said,attorney criminal defense "the commission will demark some lines so attorney criminal defense judges will know how to conduct themselves in plea attorney criminal defense discussions."

John L. Pollok, chairman of the attorney criminal defense Criminal Courts Committee of the Association attorney criminal defense of the Bar of the City of New York, also saw the attorney criminal defense commission's examination as important to defining attorney criminal defense lines between "judges who abuse their power attorney criminal defense and those who use it as an effective tool."

But attorney criminal defense Richard P. Swanson, co-chairman of the Committee attorney criminal defense on the Supreme Court of the New York County attorney criminal defense Lawyers' Association, said that the "right way" attorney criminal defense to review a judge's handling of plea negotiations attorney criminal defense is through "the appellate process rather attorney criminal defense than an investigation, if there is one."

One senior attorney criminal defense prosecutor said that "some judges push the attorney criminal defense defense very hard to get pleas and some push attorney criminal defense the prosecution. Sometimes its the same judge that attorney criminal defense pushes both sides, which may be a perverse attorney criminal defense definition of fairness."

The prosecutor added that attorney criminal defense some judges will strongly suggest to a defense attorney criminal defense attorney to go for a bench trial when the prosecution attorney criminal defense is holding out for a stiffer sentence attorney criminal defense than the judge thinks is appropriate. After a attorney criminal defense bench trial, those judges will make findings that attorney criminal defense permit the imposition of the same sentence attorney criminal defense they were urging in the first place, he said.

Another attorney criminal defense senior prosecutor said the system has an attorney criminal defense interest in conserving resources. Only a small attorney criminal defense fraction of felony cases end up being tried, he attorney criminal defense and others noted.

The rationale for giving defendants attorney criminal defense a better break the earlier the plea, he attorney criminal defense said, is that the system saves more resources.attorney criminal defense

Not Bound by Confidentiality

Kevin L. Wright, district attorney criminal defense attorney of Putnam County and president attorney criminal defense of the New York State Attorneys Association, claims attorney criminal defense in his March 11 letter that two attorneys attorney criminal defense who publicly disclosed the details of their disciplinary attorney criminal defense complaints against two prosecutors (March attorney criminal defense 4) violated the confidentiality provisions attorney criminal defense of Judiciary Law §90(10) and Code of Professional attorney criminal defense Responsibility Dr l-1-2 (sic)

Mr. Wright's attorney criminal defense claim, presumably based on Dr 1-102 (22NYCRR §1200.attorney criminal defense 3 [Misconduct]), might have merit but for the attorney criminal defense fact that complainants before departmental disciplinary attorney criminal defense committees are not bound, with respect attorney criminal defense to their complaints, by the confidentiality attorney criminal defense provisions of §90(10); the committee and the Appellate attorney criminal defense Division are so bound. A client complaining attorney criminal defense of his attorney's theft may tell the world,attorney criminal defense though he risks a defamation action by the attorney.attorney criminal defense If the client relates his complaint to attorney criminal defense the committee, he enjoys an absolute privilege attorney criminal defense with respect to what he has laid before the committee.attorney criminal defense An attorney who complains about a prosecutor's attorney criminal defense prejudicial misconduct i

with respect attorney criminal defense to confidentiality, in no lesser place than the attorney criminal defense allegedly victimized client. Indeed, it is hard attorney criminal defense to grasp Mr. Wright’s claim that it is prejudicial attorney criminal defense to the administration of justice for attorneys attorney criminal defense to state that they have filed complaints attorney criminal defense before a disciplinary committee in connection attorney criminal defense with prejudicial extra-judicial statements that attorney criminal defense were publicly made by prosecutors in violation attorney criminal defense of the Code of Professional Responsibility. In attorney criminal defense an ideal prosecutorial world, Mr. Wright would attorney criminal defense be right. In an ideal Constitutional world, however,attorney criminal defense Mr. Wright would be wrong.

Harold Reynolds attorney criminal defense of Scarsdale, New York is a member of the NYSACDL.attorney criminal defense

The Benefits of Public Disclosure

New York attorney criminal defense Law Journal

March 23, 2005

Note: This Letter to attorney criminal defense the Editor was written by NYSACDL Vice President attorney criminal defense Daniel N. Arshack, Secretary of the Association's attorney criminal defense PJCC Committee.

It is unfortunate that Putnam attorney criminal defense County District Attorney Kevin Wright complains,attorney criminal defense ("Disclosure of Complaints Is Troubling," attorney criminal defense March 11), when District Attorney Jeanine lairro,attorney criminal defense who overstepped the strictures of the Trial attorney criminal defense Publicity Rule DR 7-107, became the subject of attorney criminal defense an investigation. ("Pirro's Comments Prompt Action attorney criminal defense by Defense Group," March 4). Where was Mr.attorney criminal defense Wright when his colleague's rhetoric filled the attorney criminal defense media and compromised the due process rights attorney criminal defense of those accused of crimes?

There is no proscription attorney criminal defense on members of the public describing the fact attorney criminal defense that a complaint has been made to a disciplinary attorney criminal defense committee concerning the behavior of a public attorney criminal defense official. Judiciary Law 90.10 imposes a confidentiality attorney criminal defense requirement only upon the disciplinary attorney criminal defense authorities. It does not restrict the conduct attorney criminal defense of the third parties. This view is supported attorney criminal defense by a plain reading of the rules within the First attorney criminal defense and Second Departments. For example, 22 NYCRR attorney criminal defense 691.6(c) and 22 NYCRR 605.24(b) make plain that attorney criminal defense the confidentiality obligation is to the disciplinary attorney criminal defense committee itself, not to the complainant,attorney criminal defense respondent or third parties. Thus the New attorney criminal defense York State Association of

iminal Defense Lawyers attorney criminal defense acted properly and within its First Amendment attorney criminal defense rights in disseminating its complaint against attorney criminal defense Ms. Pirro.

In fact, resort to protests about attorney criminal defense the criminal defense lawyers' release of its complaint attorney criminal defense is not only ironic, considering that Ms.attorney criminal defense Pirro's unauthorized disclosure precipitated attorney criminal defense the grievance, but also seeks to mask the fundamental attorney criminal defense issue: Prosecutors are high elected officials,attorney criminal defense given extraordinary power whose ethical,attorney criminal defense professional, and constitutional duty is to do attorney criminal defense justice.

Poisonous publicity that prejudices the attorney criminal defense jury pool against defendants is often a major attorney criminal defense contributing factor in wrongful convictions, which attorney criminal defense not only damages the integrity of the criminal attorney criminal defense justice system, but also jeopardizes community attorney criminal defense safety because, in the rush to judgment fueled attorney criminal defense by inappropriate prosecutorial public statements,attorney criminal defense the wrong person may be imprisoned while attorney criminal defense the real offender remains at large.

Moreover, attorney criminal defense transparency in government is the hallmark of an attorney criminal defense effective democracy, as it provides the electorate attorney criminal defense a window on the performance of its elected attorney criminal defense representatives. When the behavior of elected attorney criminal defense officials is called into question,. .it is incumbent attorney criminal defense on our institutions to publicly investigate attorney criminal defense and report on their findings.

Indeed, there attorney criminal defense is a strong argument for amending the Judiciary attorney criminal defense Law to authorize, if not require, that even the attorney criminal defense disciplinary cominittee's investigation and findings attorney criminal defense with respect to public officials be publicly attorney criminal defense available: Only then will prosecutors be attorney criminal defense fully accountable to those whom they serve. It attorney criminal defense is disturbing that a publicly elected prosecutor attorney criminal defense does not appear to understand that public discourse attorney criminal defense is the bedrock of our country's greatness.attorney criminal defense

Advocates Call for Statewide Public Defense

By attorney criminal defense John Caher - New York Law Journal

March 17, 2005attorney criminal defense

ALBANY — On one of the biggest lobbying days of attorney criminal defense the year, defense advocates converged on the attorney criminal defense Capitol Tuesday hoping to garner legislative attention attorney criminal defense for a statewide independent public defense attorney criminal defense system.

The advocates are seeking legislation attorney criminal defense that would establish a state overseer of indigent attorney criminal defense defense programs to ensure that standards attorney criminal defense are met and that defenders are adequately supported.attorney criminal defense It has been their goal for several years.attorney criminal defense

Although the proposal has majority sponsorship attorney criminal defense in both houses, advocates find themselves in attorney criminal defense the familiar position of attempting to stand out attorney criminal defense in the crowd of lobbyists.

Jonathan Gradess, attorney criminal defense executive director of the New York State Defenders attorney criminal defense Association, said the situation was actually attorney criminal defense worsened when, after years of lobbying by him attorney criminal defense and others, the Legislature voted in 2003 to increase attorney criminal defense assigned-counsel rates. He notes that while attorney criminal defense the state mandated the higher rates, the pledged attorney criminal defense funding will not become available until attorney criminal defense the end of this month — which means the counties attorney criminal defense have been paying for the increase even though attorney criminal defense the state promised not to impose an unfunded mandate attorney criminal defense on localities. Mr. Gradess said roughly attorney criminal defense half the counties have consequently changed the attorney criminal defense way they provide indigent legal services to criminal attorney criminal defense defenders. Some, he s

aid

, are contracting attorney criminal defense with not-for-profit organizations, others have attorney criminal defense set up conflict defender offices and some rely attorney criminal defense more heavily on their own public defenders. The attorney criminal defense result, he said, is a largely unregulated hodge-podge attorney criminal defense of defense programs that are underfunded attorney criminal defense and which operate without the benefit of any attorney criminal defense standards or guidelines.

Malia Brink, indigent attorney criminal defense defense counsel for the National Association attorney criminal defense of Criminal Defense Lawyers, said the state should attorney criminal defense pay the entire cost of indigent defense. Now,attorney criminal defense the counties are largely responsible, with the attorney criminal defense state paying about 10 percent of the total cost attorney criminal defense of indigent counsel services statewide.

"When attorney criminal defense you have a system that is dually funded by the attorney criminal defense counties and the state, there is a constant attorney criminal defense war for who should pick up the amount of funding attorney criminal defense that's needed, " Ms. Brink said.

While advocates attorney criminal defense disagree on the exact mechanics of a statewide attorney criminal defense defender office, they agree that the current attorney criminal defense system is woefully inadequate and unlikely to attorney criminal defense reform without leadership from Albany.

Raymond attorney criminal defense A. Kelly Jr., an Albany attorney and president-elect attorney criminal defense of the New York State Association of Criminal attorney criminal defense Defense Lawyers, said New York should have attorney criminal defense a defender general just as it has an attorney attorney criminal defense general.

"Why are there no standards for the defense?attorney criminal defense " he asked. "Why are there no [continuing attorney criminal defense legal education] requirements in the field of attorney criminal defense criminal law?"

Mr. Kelly suggested that instead attorney criminal defense of disbanding the Capital Defender Office this attorney criminal defense year unless the death penalty statute is redrawn,attorney criminal defense as Governor George E. Pataki has recommended,attorney criminal defense the state should convert the office into a attorney criminal defense statewide defender.

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NYSACDL testifies attorney criminal defense on Friday, March 11 at New York State attorney criminal defense Commission on the Future of Indigent Defense Hearings attorney criminal defense in Rochester. Click here to view testimony attorney criminal defense presented by President-Elect Ray Kelly, as attorney criminal defense well as testimony presented at the Association attorney criminal defense of the Bar of the City of New York by Past-President attorney criminal defense Russell M. Gioiella on Friday, February attorney criminal defense 11, 2005.

Past-President Marvin E. Schechter, Chair attorney criminal defense of the Association's Indigent Defense Committee attorney criminal defense wrote the testimony.

Senate approves death attorney criminal defense penalty bill

Version would impose life without attorney criminal defense parole if jury is deadlocked

on sentencing; Assembly attorney criminal defense action unclear

Albany Times Union, March 10,attorney criminal defense 2005

The death penalty moved a step closer to attorney criminal defense being restored in New York on Wednesday, but the attorney criminal defense law's fate remains uncertain in the Assembly.attorney criminal defense The Senate passed a bill, 37-22, designed to attorney criminal defense address constitutional flaws in the law, but the attorney criminal defense Assembly isn't expected to act on the legislation attorney criminal defense until a report from its five hearings is attorney criminal defense made public.

Although death penalty supporters said attorney criminal defense last week the law is essential to keeping the attorney criminal defense crime levels down, the floor debate

Wednesday attorney criminal defense over the bill was lackluster. At one point, less attorney criminal defense than a third of the Senate was in the chamber,attorney criminal defense and just seven

Republican lawmakers were listening attorney criminal defense to the debate.

While senators who oppose attorney criminal defense the death penalty quoted testimony given earlier attorney criminal defense this year at Assembly hearings to back up their attorney criminal defense

opposition to the bill, legislators who back attorney criminal defense the death penalty didn't mention the hearings attorney criminal defense and berated the Court of Appeals for overturning attorney criminal defense the law.

They also mentioned the victims of the attorney criminal defense seven convicted murderers, who New York juries attorney criminal defense said warranted the death penalty

before the attorney criminal defense law was overturned. "We need to enact this bill attorney criminal defense into law to ensure that a capital punishment attorney criminal defense law is in place and can be used to protect New attorney criminal defense Yorkers and prevent dangerous, violent criminals attorney criminal defense from getting back on the streets," Senate Majority attorney criminal defense Leader Joseph Bruno said in a statement attorney criminal defense after the vote.

The Court of Appeals ruled in June attorney criminal defense that the sentencing provision of the death penalty attorney criminal defense statute was unconstitutional because judges attorney criminal defense warned juries that, if they could not agree attorney criminal defense on either death or life in prison without parole,attorney criminal defense the murderer would be a given a sentence that attorney criminal defense included a chance for parole. The court said attorney criminal defense those instructions might lead jurors to chose attorney criminal defense death to avoid the possibility of parole.

The Senate attorney criminal defense bill passed Wednesday gives juries all three attorney criminal defense sentencing options, but imposes life without attorney criminal defense parole if the jury is deadlocked.

When the ruling attorney criminal defense came last year, a quick-fix seemed likely as attorney criminal defense all three state leaders, Gov. George Pataki, Bruno attorney criminal defense and Assembly

Speaker Sheldon Silver, have attorney criminal defense supported the death penalty.

But getting a new capital attorney criminal defense punishment law has proven to be difficult.attorney criminal defense After nearly a decade, no one has been executed attorney criminal defense and

the cost of the law is estimated between attorney criminal defense $150 million and $200 million. For opponents attorney criminal defense and those who did not feel strongly either way,attorney criminal defense the high cost, waning public support and low effectiveness attorney criminal defense in executing the worst criminals warranted attorney criminal defense another look.

The Assembly agreed and scheduled attorney criminal defense two public hearings, which turned into attorney criminal defense five as dozens of people showed up to testify.

The attorney criminal defense Senate refused and said nothing had changed attorney criminal defense since the law was signed in 1995. Hearings, the attorney criminal defense Senate majority said,

were a way for the Assembly attorney criminal defense to drag its feet and not put the law back attorney criminal defense on the books.

To increase public pressure for the attorney criminal defense bill, the Senate created a Web site at http://www.attorney criminal defense Death PenaltyNY.com where people

can register attorney criminal defense their support for the law. The site does not attorney criminal defense accept opposition to capital punishment.

The Assembly attorney criminal defense hearings might have changed some lawmakers' attorney criminal defense minds, but that won't be known until the death attorney criminal defense penalty comes

up for a vote. Several of those attorney criminal defense who supported the death penalty in 1995 have attorney criminal defense said their minds might be changed. Some backed attorney criminal defense

capital punishment because there was no option attorney criminal defense of life in prison without parole, which the state attorney criminal defense now has.

Pataki applauded the Senate's vote,attorney criminal defense and encouraged the Assembly to follow suit. "The attorney criminal defense Assembly has held hearings," he

said. "Now attorney criminal defense hold a vote."

THE JOURNAL NEWS

March 5, 2005

Citing attorney criminal defense a pattern of prejudicial public statements by attorney criminal defense Westchester District Attorney Jeanine Pirro, the attorney criminal defense New York State Association of Criminal Defense attorney criminal defense Lawyers has accused the prosecutor of harming attorney criminal defense defendants' chances for fair trials in at least attorney criminal defense three high-profile cases.

The group filed a disciplinary attorney criminal defense complaint against Pirro on Wednesday attorney criminal defense with the grievance committee of the state's 9th attorney criminal defense Judicial District. The complaint, by the group's attorney criminal defense Prosecutorial and Judicial Complaint Center,attorney criminal defense focused on a Pirro news conference in January attorney criminal defense announcing the indictment of Eddie Cordero Sr.attorney criminal defense

He was charged with kidnapping and rape in the attorney criminal defense case of a 12-year-old girl who was forced into attorney criminal defense a car at a Yonkers bus stop. The lawyers' group attorney criminal defense said Pirro implied that Cordero was HIV positive,attorney criminal defense a disclosure that might violate state law.attorney criminal defense She went on to describe the crime as a classic attorney criminal defense case why violent sex offenders should be subjected attorney criminal defense to civil detention once their prison terms attorney criminal defense are over.

"The number and content of the media attorney criminal defense reports in the Cordero case make it plain that attorney criminal defense a reasonable person should know that the dissemination attorney criminal defense of such comments has a substantial likelihood attorney criminal defense of materially prejudicing an adjudicative attorney criminal defense proceeding," Daniel Arshack, a Manhattan lawyer attorney criminal defense who is secretary of the complaint center, wrote attorney criminal defense in the seven-page grievance letter. The grievance attorney criminal defense was the first filed since the complaint attorney criminal defense center was formed last year.

The complaint also attorney criminal defense criticized Pirro for statements she made in recent attorney criminal defense years when David Ohnmacht was indicted on charges attorney criminal defense he sexually abused young teenage girls in attorney criminal defense northern Westchester, and when real estate heir attorney criminal defense Robert Durst, suspected in the disappearance attorney criminal defense of his wife two decades ago, was charged with attorney criminal defense murder in an unrelated Texas homicide.

The defense attorney criminal defense lawyers' group complaint comes just a few weeks attorney criminal defense after Pace Law professor Bennett Gershman, attorney criminal defense a frequent critic of Pirro, also cited the Cordero attorney criminal defense case in his own complaint letter to the judicial attorney criminal defense committee in mid-February.

Individual lawyers attorney criminal defense have long complained about Pirro's pronouncements attorney criminal defense at the outset of criminal cases. But the attorney criminal defense formal grievances come at a time when she is considering attorney criminal defense running for higher office, possibly attorney criminal defense state attorney general in 2006. She has not announced attorney criminal defense plans to seek a fourth term as district attorney criminal defense attorney this year.

Arshack said Pirro's statements attorney criminal defense in the Cordero case, and not political considerations,attorney criminal defense drove the lawyers' group to act. He attorney criminal defense said Pirro's statements were "significantly over attorney criminal defense the top" but that there were many prosecutors attorney criminal defense who violated the rule barring pre-trial comments attorney criminal defense offered up only to make public information attorney criminal defense that could taint a jury pool and harm a defendant's attorney criminal defense chance for a fair trial.

The court's grievance attorney criminal defense committee does not confirm receipt of complaints attorney criminal defense or whether it has begun an investigation.attorney criminal defense The committee can censure lawyers or recommend attorney criminal defense suspension or disbarment if violations are substantiated.attorney criminal defense

Pirro's office defended her outspokeness attorney criminal defense yesterday in a statement issued by spokeswoman attorney criminal defense Anne Marie Corbalis.

"It is a district attorney's attorney criminal defense constitutional obligation to warn the public attorney criminal defense of danger, encourage victims and witnesses attorney criminal defense to come forward, and improve our laws to better attorney criminal defense protect our children," she said. "The district attorney criminal defense attorney stands by her statements and will not attorney criminal defense be deterred from doing her job because of meritless attorney criminal defense criticism."

The defense lawyers' complaint attorney criminal defense suggests a special prosecutor be appointed to attorney criminal defense determine whether Pirro's Jan. 31 statement amounted attorney criminal defense to disclosure that Cordero was HIV positive.attorney criminal defense If so, it would be a misdemeanor under the attorney criminal defense state Public Health Law.

In an October 2002 news attorney criminal defense conference, Pirro said the case against Ohnmacht attorney criminal defense — a lifeguard, camp counselor, youth theater attorney criminal defense organizer and ice-cream truck driver — involved attorney criminal defense "some of the most outrageous charges and acts attorney criminal defense I've seen."

Ohnmacht eventually pleaded guilty attorney criminal defense and was sentenced to 10 years in state prison.

In attorney criminal defense the Durst case, Pirro has always been careful attorney criminal defense to not specifically call the real estate heir attorney criminal defense a suspect in his wife Kathy's disappearance from attorney criminal defense South Salem in 1982. But when Durst was charged attorney criminal defense with murder in Galveston four years ago, she attorney criminal defense suggested there were similarities between that attorney criminal defense case and the unsolved disappearance.

Pirro's Comments attorney criminal defense Prompt Action By Defense Group

New York attorney criminal defense Law Journal

March 4, 2005

The New York State Association attorney criminal defense of Criminal Defense Lawyers has filed a attorney criminal defense disciplinary complaint against Westchester County attorney criminal defense District Attorney Jeanine Pirro over what it attorney criminal defense claims is her "pattern and practice of making attorney criminal defense inappropriate extra-judicial comments concerning attorney criminal defense defendants and suspects in high-profile cases.attorney criminal defense "

The Prosecutorial and Judicial Complaint Center attorney criminal defense of the defense lawyers' group cited in a letter attorney criminal defense to the grievance committee of the Ninth Judicial attorney criminal defense District several comments Ms. Pirro had attorney criminal defense made to the news media concerning the indictments attorney criminal defense of two accused sex offenders and an alleged attorney criminal defense murderer.

Among the matters cited by the bar group attorney criminal defense was the case of Eddie W. Cordero, who was attorney criminal defense charged Feb. 1 with kidnapping, rape, child endangerment attorney criminal defense and other charges. That day, Ms. Pirro attorney criminal defense told the 1010 WINS radio station that Mr. Cordero attorney criminal defense "likes the idea of finding children and treating attorney criminal defense them like prey."

She continued, "We're naive attorney criminal defense if we think that when we send these predators attorney criminal defense to prison that they come out and they're better.attorney criminal defense "

Ms. Pirro also told The New York Times that attorney criminal defense she could not by law reveal whether Mr. Cordero attorney criminal defense was HIV-positive. Asked by the paper if she attorney criminal defense knew his condition, she said, "Yeah, I do, and attorney criminal defense that's what makes me so angry."

Ms. Pirro's office attorney criminal defense released a statement yesterday that said:attorney criminal defense "The District Attorney is proud of her record attorney criminal defense leading the fight against child molesters, serial attorney criminal defense rapists and murderers. She will continue to attorney criminal defense protect the people of Westchester County despite attorney criminal defense the rantings of these critics, who should be attorney criminal defense embarrassed by their callous indifference to innocent attorney criminal defense crime victims."

Daniel N. Arshack, a lawyer attorney criminal defense who is secretary to the prosecutorial complaint attorney criminal defense center, said Ms. Pirro's comments went far attorney criminal defense beyond the prosecutor's duty to inform the public attorney criminal defense and would make it harder for the accused to attorney criminal defense receive fair trials.

"Our view is these sorts attorney criminal defense of comments serve no real law enforcement purpose,attorney criminal defense " said Mr. Arshack. "They serve only to increase attorney criminal defense the public opprobium for those accused."

The attorney criminal defense defense lawyers' complaint says that Ms. Pirro's attorney criminal defense comments are in violation Disciplinary Rule attorney criminal defense 7-107, which states that lawyers involved in attorney criminal defense criminal matters should not make extrajudicial attorney criminal defense comments they should reasonably know will prejudice attorney criminal defense the adjudicative process.

Jeff Fogel, the attorney criminal defense legal director of the Center for Constitutional attorney criminal defense Rights, said prosecutors had been pushing the attorney criminal defense envelope with potentially prejudicial comments attorney criminal defense for years.

"This is a longstanding problem of prosecutors,attorney criminal defense " he said, "and they rarely are taken attorney criminal defense to task by ethics committees."

Mr. Fogel's group attorney criminal defense recently launched an effort to have former attorney criminal defense Southern District U.S. Attorney and now Deputy attorney criminal defense Attorney General James Comey disciplined for comments attorney criminal defense he made in a June 2004 press conference attorney criminal defense concerning the case of accused Al Qaeda operative attorney criminal defense Jose M. Padilla.

The center's complaint alleged attorney criminal defense that Mr. Comey violated DR 7-107 when he claimed attorney criminal defense that Mr. Padilla had admitted being a terrorist attorney criminal defense in the course of his interrogations. The attorney criminal defense complaint, originally filed with the Disciplinary attorney criminal defense Committee of the Appellate Division, First attorney criminal defense Department, was later withdrawn and filed with attorney criminal defense the Department of Justice's ethics office.

Disciplinary attorney criminal defense committee proceedings are generally confidential attorney criminal defense and can take years to resolve. Committees attorney criminal defense can censure lawyers, both publicly and privately,attorney criminal defense and, in extreme cases, recommend suspension attorney criminal defense or disbarment.

Prosecutors who make statements attorney criminal defense about defendants that could be construed attorney criminal defense as prejudicial may also jeopardize their cases attorney criminal defense with judges who have various measures at their attorney criminal defense disposal, including gag orders, sanctions and the attorney criminal defense possibility of charges being dismissed.

But attorney criminal defense Mr. Fogel said most judges did not see it as their attorney criminal defense role to enforce ethical rules governing statements attorney criminal defense that may have been made even before they attorney criminal defense were assigned to the case.

The complaint against attorney criminal defense Ms. Pirro is the first referred to a disciplinary attorney criminal defense committee by the Prosecutorial and Judicial attorney criminal defense Complaint Center, which was formed last May.attorney criminal defense

Thomas Cahill, chief counsel to the First Department's attorney criminal defense Disciplinary Committee, said disciplinary attorney criminal defense complaints against prosecutors are rare but attorney criminal defense could have teeth.

He recalled that Elizabeth attorney criminal defense Holtzman, the former Brooklyn district attorney,attorney criminal defense was censured by the Tenth Judicial District's attorney criminal defense grievance committee for criticizing a judge in attorney criminal defense a press conference. She appealed the censure all attorney criminal defense the way to the Court of Appeals, which unanimously attorney criminal defense upheld it.

New York Times

February 28, 2005attorney criminal defense

A federal district judge in South Carolina ruled attorney criminal defense Monday that President Bush had greatly overstepped attorney criminal defense his authority by detaining an American citizen attorney criminal defense as an enemy combatant for nearly three years attorney criminal defense without filing criminal charges.

The judge,attorney criminal defense Henry F. Floyd, ruled that the government must attorney criminal defense release the American, Jose Padilla, within 45 attorney criminal defense days from the military brig in Charleston, S.C.attorney criminal defense , where he has been held since June 2002. That attorney criminal defense left the Bush administration time to appeal, and attorney criminal defense a Justice Department spokesman, John Nowacki,attorney criminal defense said officials immediately decided to do so. attorney criminal defense Padilla was represented by NYSACDL members Donna attorney criminal defense Newman and Andrew Patel.

In his opinion, Judge attorney criminal defense Floyd sharply criticized the administration's attorney criminal defense use of the enemy combatant designation in Mr. Padilla's attorney criminal defense case "The court finds that the president attorney criminal defense has no power, neither express nor implied, neither attorney criminal defense constitutional nor statutory, to hold petitioner attorney criminal defense as an enemy combatant," Judge Floyd wrote.attorney criminal defense

The judge said he had no choice but to reject attorney criminal defense the president's claim that he had the power attorney criminal defense to detain Mr. Padilla, who was arrested in May attorney criminal defense 2002 at O'Hare International Airport in Chicago attorney criminal defense and was later accused of having planned to detonate attorney criminal defense a radiation-spewing "dirty bomb" in the United attorney criminal defense States as part of a plot by Al Qaeda.

"To attorney criminal defense do otherwise would not only offend the rule of attorney criminal defense law and violate this country's constitutional tradition,attorney criminal defense " Judge Floyd wrote, "but it would also attorney criminal defense be a betrayal of this nation's commitment to attorney criminal defense the separation of powers that safeguards our democratic attorney criminal defense values and individual liberties."

Judge attorney criminal defense Floyd, who was nominated to the court by President attorney criminal defense Bush in May 2003, said that to agree with attorney criminal defense the president would "be to engage in judicial activism,attorney criminal defense " a phrase often used by the White House attorney criminal defense to criticize rulings with which it disagrees.

Although attorney criminal defense Judge Floyd's opinion was notable for attorney criminal defense its sweeping language, its substance was not a attorney criminal defense surprise because it reflected a Supreme Court ruling attorney criminal defense last June in a related case involving Yaser attorney criminal defense Esam Hamdi. Mr. Hamdi, a Saudi who was an American attorney criminal defense citizen by virtue of his birth in the United attorney criminal defense States, was arrested on the battlefield in attorney criminal defense Afghanistan and held as an enemy combatant in attorney criminal defense the same brig in Charleston.

The justices ruled attorney criminal defense that Mr. Hamdi was entitled to have his case heard attorney criminal defense in court, saying "a state of war is not a blank attorney criminal defense check for the president." But they declined attorney criminal defense to rule on the Padilla case at the same time,attorney criminal defense saying his lawyers had wrongly filed their claims attorney criminal defense in New York instead of South Carolina, where attorney criminal defense Mr. Padilla was being held.

Judge Floyd noted,attorney criminal defense as had many analysts, that Mr. Padilla's case attorney criminal defense was the stronger of the two because he was arrested attorney criminal defense on United States soil. "The differences between attorney criminal defense the two are striking," Judge Floyd wrote.

Although attorney criminal defense the government might well argue that the attorney criminal defense use of force was needed to capture Mr. Hamdi attorney criminal defense on the battlefield and prevent attacks by Al Qaeda,attorney criminal defense the same argument may not be used in the attorney criminal defense case of Mr. Padilla, who was "arrested in a civilian attorney criminal defense setting such as a United States airport."

Mr.attorney criminal defense Padilla's "alleged terrorist plans were thwarted attorney criminal defense at the time of his arrest," the judge wrote,attorney criminal defense adding, "There were no impediments whatsoever attorney criminal defense to the government bringing charges against him attorney criminal defense for any one or all of the array of heinous crimes attorney criminal defense that he has been effectively accused of committing.attorney criminal defense "

If the government loses on appeal, it attorney criminal defense would have to release Mr. Padilla or charge him attorney criminal defense with criminal acts. In the case of Mr. Hamdi,attorney criminal defense when the administration lost the case, officials attorney criminal defense surprised many people by simply releasing him attorney criminal defense to Saudi Arabia rather than filing criminal attorney criminal defense charges even though it had deemed him so dangerous attorney criminal defense he was held incommunicado for more than two attorney criminal defense years.

In Mr. Padilla's case, the Justice Department attorney criminal defense argued that Mr. Bush had the authority to attorney criminal defense detain him on several grounds, including the resolution attorney criminal defense Congress passed after the Sept. 11 attacks attorney criminal defense that authorized the president to use all attorney criminal defense necessary force to prevent a repetition, as well attorney criminal defense as his inherent authority as commander in chief attorney criminal defense of the military. But Judge Floyd said that "simply attorney criminal defense stated this is a law enforcement matter,attorney criminal defense not a military matter."

The ruling fits a larger attorney criminal defense pattern of the administration's winning most attorney criminal defense of its early legal battles concerning detention attorney criminal defense policies and suffering defeats in more recent attorney criminal defense months.

However, Neal Katyal, a professor at Georgetown attorney criminal defense University's law school who has sided against attorney criminal defense the government on the detention issues, attorney criminal defense said: "The decision is sweeping, probably too sweeping.attorney criminal defense By shackling the president's power to attorney criminal defense detain enemy combatants, it does give rise to the attorney criminal defense fear that courts may micromanage the president's attorney criminal defense war-fighting capacity."

But he added that the attorney criminal defense ruling reveals how the executive branch "is attorney criminal defense overplaying its hand by claiming that it is above attorney criminal defense the law and courts cannot review government attorney criminal defense activity in the war on terror."

For a copy of the attorney criminal defense decision, click here

Supreme Court Finds Juvenile attorney criminal defense Death Penalty Unconstitutional

New York Timesattorney criminal defense

March 1, 2005

The Supreme Court ruled that the attorney criminal defense Constitution forbids the execution of killers who attorney criminal defense were under 18 when they committed their crimes,attorney criminal defense ending a practice used in 19 states. The 5-4 attorney criminal defense decision throws out the death sentences of about attorney criminal defense 70 juvenile murderers and bars states from attorney criminal defense seeking to execute minors for future crimes.The attorney criminal defense executions, the court said, were unconstitutionally attorney criminal defense cruel.

It was the second major defeat at attorney criminal defense the high court in three years for supporters of attorney criminal defense the death penalty. Justices in 2002 banned the attorney criminal defense execution of the mentally retarded, also citing attorney criminal defense the Constitution's Eighth Amendment ban on cruel attorney criminal defense and unusual punishments.

The court had already outlawed executions for those who were 15 and younger when they committed their crimes. Tuesday's ruling prevents states from making 16- and 17-year-olds eligible for execution.

Justice Anthony Kennedy, writing for the majority, cited the fact that most states don't allow the execution of juvenile killers and those that do use the penalty infrequently. The trend, he noted, was to abolish the practice.

"Our society views juveniles ... as categorically less culpable than the average criminal," Kennedy wrote.

United States Sentencing Guidelines No Longer Mandatory

January 12, 2005 - In a decision in Booker and Fanfan, the United States Supreme Court struck down the guidelines as mandatory and concluded they are advisory only.

Rockefeller Drug Laws Changed

December 14, 2004 - The Rockefeller Drug Laws have been changed by legislation signed by Governor Pataki. While reform of the Drug Laws in New York have been long overdue, the recent legislation should be a step in the right direction, but still provides for lengthy periods of incarceration.

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