Justice For All is a breakfast event taking place on December 6, 2017 from 7:45 am to 8:45 am at Drumlins. This fourth annual event helps Hiscock Legal Aid Society continue to provide free legal services for some of CNY’s most resilient, yet marginalized, residents.
The breakfast is free and open to the public. It lasts one hour. During the hour, guests are taken on a virtual tour of the mission and vision of HLAS. Attendees will hear from agency leadership (the Chief Executive Officer and Board Members) as well as a few clients who’ve been served by HLAS programs.
Guests are invited at the end of the breakfast to make a contribution to HLAS. There is no minimum and no maximum and giving is confidential.
Guests may RSVP by emailing jtorreano@hlalaw.org or via WhoozIn.
Attorney Lucero Saldana Mistry joined our Civil/Immigration team as a Staff Attorney on Monday October 23. We have hired Lucy under a new immigration grant from Empire Justice to handle removal cases and other immigration work. She graduated from the Florida Coastal School of Law in 2009 and has been handling asylum, removal and detention and naturalization cases since 2010. She has been active in trial and appellate practice before the Immigration Courts, the Board of Immigration Appeals and Administrative Appeals Office since 2010 as well. We are very pleased that she will be joining our immigration staff.
We are happy to announce that Jennifer Racciatti joined the HLAS Administrative/Finance Team as Controller on Monday, October 23, 2017. Jennifer graduated from SUNY Buffalo with a Bachelor of Science Degree in Business Administration with concentrations in Accounting and Finance and a Bachelor of Arts in Psychology in May 2006. Most recently, she worked with the Bonadio Group as an auditor for nonprofits, employee benefit plans and governmental agencies. She will report to President & CEO Linda Gehron and take over former Director of Finance and Benefits, Kari Cotter’s, responsibilities. She will be assisted by our Staff Accountant Britani Sims and guided by Kari Cotter, who will telecommute part-time during a transition period. We are very lucky to have the assistance of such a strong Finance Team!
The Hiscock Legal Aid Society
Onondaga County Assigned Counsel Program
New York State Defenders Association
On Saturday, September 23rd, HLA attorneys Heather Prado, Amanda McHenry, and Nancy Farrell will present at the Family Court Defense Seminar on “What is Imminent Risk?” They will discuss the pertinent statutes and case law surrounding imminent risk that results in or prevents the removal of children from their homes. They will also present scenarios for discussion and talk about attorney’s professional and ethical responsibilities to clients in evaluating imminent risk. Additionally, they will talk about the training and standards case workers for presentment agencies utilize. This seminar is a collaboration between the New York State Defender’s Association, the Onondaga County Assigned Counsel Program, and Hiscock Legal Aid Society. This seminar will take place at the George Lowe Center for Justice at 221 South Warren St. in Syracuse.
Hiscock Legal Aid Society is proud to attend this event each year in Westcott.
At the event, attorneys and staff have an opportunity to meet with people in the community, share information on our mission and vision as well as the services provided by Hiscock Legal Aid Society.
HLA attendance at the Westcott Cultural Fair gives staff the chance to meet with people in the community one on one to explain the HLA mission and to describe the services that we provide to those in need.” –Linda Gehron, President & CEO
HLA promotes justice for all at the Wescott Street Cultural Fair. Heather Prado, Andrea Drumm, Linda Gehron, and Nancy Farrell.
On September 13th Hiscock Legal Aid Society and the Volunteer Lawyers Project will be hosting the 3rd Annual Justice Walk/Run. The proceeds will benefit immigration work done in collaboration with OnVLP. This is a 5K race at the Willow Bay shelter at Onondaga Lake Parkway. The race starts at 5:30.
Huge ID Suppression decision by the Fourth Department
Philip Rothschild, Supervising Attorney for the Appeals Program, has secured a new trial for his client upon the suppression of identification evidence by the Fourth Department. Phil’s win has been featured in the July 12th eblast from the NYS Bar Association. Read more here.
Joanne P. Sawmiller, who has been the “Heart and Soul” of the Hiscock Legal Aid Society for her entire career, announced earlier this month that she will retire as of June 21, 2017.
Joanne has dedicated her life’s work to the promotion and development of HLA, its staff and our mission to ensure that no person is denied access to justice because of a lack of means. She has seen HLA through good times and challenging ones with good cheer and an unfaltering determination that we can and will do ever more for those in need in our community. Joanne was the 2007 recipient of the Onondaga County Bar Association’s Liberty Bell Award.
We have been most fortunate to have her as a colleague and to receive her wisdom. We thank her from the bottom of our hearts and want to wish her the very best in a most deserved retirement. It goes without saying that she will be missed deeply.
Congratulations to HLA Family Court Program Supervising Attorney Nancy Farrell and Assistant Supervising Attorney Amanda McHenry! They received the NYSBA Committee on Mandated Representation’s Denison Ray Award for their excellence in parent defense.
HLAS President & CEO Linda Gehron and Family Court Program Supervisors Nancy Farrell and Amanda McHenry to present for the NYSBA CLE: “Family Court Representation” on June 9, 2017 in Albany.
The Frank H. Hiscock Legal Aid Society announces that Linda Gehron, Esq. has assumed her new role as President & Chief Executive Officer of the organization effective February 1, 2017.
Linda succeeds Susan R. Horn who retired on January 31, 2017 after almost 27 years in the position.
“The board of directors and I are pleased to have Linda leading the organization,” said Virginia A. Hoveman, Esq., Board Chair. “Linda’s unwavering commitment to our mission and clients, and over three decades of experience practicing in various areas of the law in Central New York undoubtedly will allow her to build upon the strengths of the organization so that we can continue to meet the growing needs and challenges of ensuring access to justice for all.”
Linda joined Hiscock Legal Aid in 2012 and since March of 2013 has served in the role of Family Court Program Supervising Attorney. She received her J.D. (Cum Laude) from Syracuse University College of Law and is very active in the New York State Bar Association, the New York State Defenders Association and the Onondaga County Bar Association.
How much luckier could a girl be than to grow up with a cousin like Rosemary Pooler as a role model? Decades before Hillary famously said in China, Rosemary taught me that women’s rights are human rights and helped change the course of my life. Thank you Rosemary…not even Patty Duke had a better identical cousin.
I am very honored to receive this award. I thank the Onondaga County Bar Association for honoring me and I am especially humbled to have been nominated by members of this bar, including colleagues at Hiscock Legal Aid, for whom I have such respect and admiration. My thanks to all of you.
My congratulations to Judge Mordue for receiving the well-deserved Ruger Award. We go back a long way so it’s very nice to share this special occasion with you, Judge.
I’ve been blessed with incredible family and friends, many of whom are here. Thank you all for being with me tonight and throughout my life. Special thanks to my spouse and greatest supporter, Sue Gorton, who while dealing with her own career as a school administrator, has seen me through many professional ups and downs with love, good counsel and patience.
I was lucky to grow up in the 60s with the civil rights, anti-war and women’s movements. Among my heroes were Thurgood Marshall, Constance Baker Motley, Bella Abzug and William Kunstler…not to mention Atticus Finch…lawyers who went into the courtroom on behalf of the poor and oppressed to change the world…and they did change it.
So I went to law school in 1971 to try to change the world, too. Just two weeks after I started law school, the Attica Prison Rebellion happened and my real legal education began in the prisons of upstate NY. The inmate survivors of the retaking of the prison became our teachers when soon-to-be lifelong friends, Alan Rosenthal, Maurie Heins, Marsha Weissman and I interviewed and worked with them for the Attica Brothers Legal Defense. We all gained a deeper understanding of what it means to be poor, black and incarcerated in this country; of our privilege being white, middle class and educated; and the seriousness of our responsibility to work for racial and social justice.
When I graduated, my first job was with Onondaga Neighborhood Legal Services, now Legal Services of Central New York, where I learned the importance of providing civil legal services to low income people.
I had two great stints in private practice, first with my friends Alan Rosenthal & Joe Heath and later with my friends Maurie Heins, Susan Finkelstein and Christina Pezzulo. But I found my true professional home at the Hiscock Legal Aid Society where I’ve been for over 32 years, becoming the CEO in 1990.
It may be cliché to say that you’re sharing an award with others but for me, it’s true and heartfelt. Any work that distinguishes me has been done in partnership with, and with the support of the administrators, attorneys, paralegals and support staff at Hiscock Legal Aid with whom I have had the privilege and pleasure of working for all of these years. They really are too numerous to mention…166 attorneys and other staff have worked at legal aid during this time. Some have made lifelong careers at Hiscock; many have left to pursue other opportunities, taking their passion for justice and what they learned at legal aid with them. I share this award with all of them.
I do have to give a shout out to just a few special people who represent all the others. First and foremost, Joanne Sawmiller, our Chief Operating Officer, who has committed her entire professional life to Hiscock Legal Aid and our clients. When I became the CEO, she taught me about managing an organization. She has made me look good. Joanne represents the best of Hiscock Legal Aid and of public interest work. Thank you, Joanne. Thanks also to my friends and former colleagues Langston McKinney and David Okun who taught me, and many others, what it means to be a criminal defense lawyer.
I have also been incredibly lucky to have had the support of dozens of committed, caring Board members over these years. They have all made a difference in our community. And how can you go wrong when you have the mentorship and friendship of Board Chairs like Denny Baldwin, Catherine Richardson, Larry Bousquet, Fred Marty, Ellen LaBerge, Therese Wiley Dancks, Tony Malavenda, Rich Engel, Suzanne Galbato and incoming chair, Virginia Hoveman? They define what leadership for change means.
I want to ask all present and former staff and Board members to please stand and be recognized.
Thank you all!
We at Hiscock Legal Aid Society have also been fortunate to have great collaborative partners in the legal services community…Dennis Kaufman, Sam Young and the staff at Legal Services of Central NY; Paul Lupia, Dan Altwarg and the staff at Legal Aid Society of Mid-NY; and Sally Curran of the Volunteer Lawyers Project, an innovative and courageous new leader in our community. Thanks for all the great work that all of you do.
I’m reminded every day in our offices of the words of a Phil Ochs song I listened to a lot in college…”There but for fortune may go you or I.” The thousands of people we serve each year really are no different from you or me…just less fortunate. I am so proud of the work done every day by our skilled, dedicated (and overworked and underpaid) staff to help our clients…people facing homelessness, domestic violence, unemployment, the loss of their children or the loss of their liberty. I have learned that there are many different ways to change the world…at Hiscock Legal Aid Society we do it every day, one client at a time.
What we do at Legal Aid, we do with the generous support of many of the firms and people here in this room and in the wider legal community. We are very grateful for that.
But I have to tell you that government is failing in its obligation to provide adequate resources to meet the need. This is especially true with respect to mandated services. Our staff who provide mandated representation in Family Court, in appeals and in parole revocation cases, work long hours at extremely low pay under the weight of crushingly excessive caseloads that hamper their ability to do the work that needs to be done. Nonetheless they do amazing work…but we must demand more support for that work.
Many of you know that Onondaga County was one of five counties sued along with NYS for the failures of the current indigent criminal defense system. In part as a result of the settlement of that lawsuit, the County recently sought proposals to revamp the local system and we proposed that Hiscock Legal Aid Society become the primary provider of criminal defense services for the County. This association opposed our proposal and supported the proposal to continue the current Assigned Counsel Program and the County ultimately decided to continue with that program. I’m not here to litigate that decision, but I will say that we as a legal community have a responsibility, and this association by taking the position it did, has assumed a special obligation to ensure that defendants in our community are provided with proper representation.
The well-documented failures of the current system that resulted in the Hurrell Harring lawsuit and settlement must be corrected.
It is unacceptable for defendants to sit in jail for weeks and months without seeing an attorney.
It is unacceptable for defendants to meet their attorneys for the first time in court and be advised to plead guilty.
It is unacceptable for cases to be disposed of or taken to trial with little or no investigation conducted.
And it is unacceptable for attorneys working hard to do right by their clients to have their vouchers cut because someone decides that they spent too much time with their clients, or visited too many times in jail, or made too many motions.
These practices, among many others that undermine the right to counsel, must end. Real, meaningful change must be made now.
Defendants deserve no less.
Justice demands no less; we should demand no less.
I thank you for honoring me and for honoring the work of the Hiscock Legal Aid Society.
Congratulations to Suzanne O. Galbato on receiving the 2016 Successful Business Women Award! The award appropriately reflects the time you have dedicated to our community. On behalf of the Board and Staff, we wish you continued success in the future.
The Grand Ballroom at Marriott Syracuse – Downtown
Thursday, October 27th, 2016
Reception 5:00 – 6:30 p.m.
Dinner 6:30 – 9:00 p.m.
Susan R. Horn, Esq.
2016 Distinguished Lawyer
Hiscock Legal Aid and Everson Museum of Art held their sixth annual VOICES joint fundraising event on Thursday, October 6th from 5:30-7:30pm at the Everson’s Rosamond Gifford Sculpture Court. Guests were treated to delicious hor d’oeuvres, beverages, and live entertainment from The Roy Bean Trio. All proceeds benefit the missions of both Hiscock and Everson.
VOICES 2016 was a great success and we recognize the following sponsors for making that happen:
Please join us Wednesday, September 7, 2016 at 5:30pm for a stroll or light run at the picturesque Onondaga Lake Park in Liverpool, NY. All proceeds benefit a joint immigration program with the Volunteer Lawyers Project of Onondaga County! Registration is $25/person. Follow this link to register today! http://www.FirstGiving.com/Hiscock/2016JusticeWalkRun
Ladd v. Krupp, 2016 NY Slip Opinion _____ [4th Dept 2/11/16]
The father’s concerted effort to interfere with the mother’s contact with the child resulted in a finding of a change of circumstances and an award of custody to the mother. The record established that the mother had attempted to foster a relationship between the father and the child, while the father “blatantly and repeatedly” violated the court’s directive not to discuss the
litigation with the child; repeatedly told the child that the mother was irresponsible and unintelligent; and limited the mother’s access to the child or placed absurd restrictions on her access. http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0098.pdf
Excessive Corporal Punishment
Matter of DeJesus v Gonzalez, 2016 NY Slip Op 01059 [4th Dept 2/11/16]
The trial court erred in determining that the mother failed to establish a sufficient change incircumstances to warrant an inquiry into the best interests of the children where the record established that the father asked the mother to pick up the parties’ three-year-old daughter from his residence in Pennsylvania because he was unable to handle heralleged misbehavior; the child was discovered to have extensive bruising andscrapes on her knees; the daughter disclosed to the CPS investigator that the father had struck her with a belt and that she sustained the scrapes on her knees from kneeling on a “cat scratcher” as a form of punishment.; the son corroborated the daughter’s account of the corporal punishment; the father admitted that he once spanked the daughter with a belt and made her kneel on the “cat scratcher”; and the records of the daughter’s medical examination documented that she had “multiple bruises all over her body in different stages of healing. On review the Court concluded that the father had repeatedly inflicted excessive corporal punishment upon the daughter which supported a finding of a change of circumstances and an award of sole custody of the children to the mother in their best interests. http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-11-16/PDF/0012.pdf
Conditions Upon Parent’s Right to File For a Modification
Matter of Waite v Clancy, 2016 NY Slip Op 00793 [2/5/16]
The Court modified the Family Court’s order that awarded the father sole custody and suspended the mother’s visitation “until she engages successfully in mental health and drug and alcohol evaluations, and . . . recommended treatment, and upon successful completion of [the] same. While the trial court’s determination to suspend the mother’s visitation was supported by evidence that such was detrimental to the child’s welfare, the court lacked authority to condition the resumption of visitation upon her completion of mental health and drug and
alcohol evaluations and compliance with all treatment recommendations.
No Hearing Required When Insufficient Evidentiary Showing
Matter of Fowler v VanGee, 2016 NY Slip Op 00832 [2/5/16]
A hearing is not required whenever a parent seeks modification of a prior order. When a parent fails to make a sufficient evidentiary showing of a change in circumstances, no hearing is required.
Matter of Isobella A. (Anna W.) 2016 NY Slip Op 00831 [4th Dept 2/5/16]
The evidence established that the mother alienated the children from their fathers. She also interfered with the fathers’ visitation and made false allegations against them or their significant others. As a result of the mother’s conduct, Isobella was confused about who was her real father; was diagnosed with an adjustment disorder; and had poor behavior in school. The evidence also proved that the mother forced Cameron to lie about Joseph and taped him stating those lies. The Court approved a determination that the mother’s conduct impaired the children’s emotional condition or placed them in imminent danger of such impairment under Family Ct Act § 1012 [f] [i] [B]. http://www.nycourts.gov/courts/ad4/clerk/decisions/2016/02-05-16/PDF/0094.pdf
Appeal and Motion to Vacate
Matter of Annabella B.C. 2016 NY Slip Opinion 01064 [4th Dept 2/11/16]
It was error for the Family Court to deny the mother’s motion to vacate her admission to neglect on consent on the sole basis that an appeal of the consent finding was pending.
The Family Court determined that the Respondents neglected Bentley P.S., a
sibling of the subject children, but declined to make a finding of derivative neglect as to the other subject children, because it was unclear whether these children were nearby when the neglect occurred. The Court affirmed , stating that while FCA § 1046 (a) (i) permits evidence of neglect of one subject child to be considered in determining whether other subject children were neglected, the statute does not mandate a finding of derivative neglect without more.
Matter of Isobella A. (Anna W.) 2016 NY Slip Op 00831 [4th Dept 2/5/16]
The mother’s contention that the court erred in admitting the reports and testimony of a psychologist was not preserved for appellate review.
Willful Violation Did Not Preclude a Hearing on a Petition For Downward Modification
Mandile v Deshotel 2016 NY Slip Op _____ [4th Dept 2/11/16]
The Court reinstated so much of the Respondent’s Objections to the Magistrate’s finding of a willful violation of a support order and implicit denial of her petition to modify the order. The Court determined a finding of a willful violation of a support order is not always incompatible with a meritorious petition for a downward modification of a support order.
Inadequate Record To Review Determination of No Diligent Efforts Requirement
Matter of Christopher D.S. 2016 NY Slip Op 00792 [4th Dept 2/5/16]
When there was no allegation that recusal is statutorily required, the matter of recusal is within the discretion and personal conscience of the jurist whose recusal is sought. The fact that the same judge presided over the criminal prosecution is not a statutory basis for recusal in the related Article Ten proceeding.
The Court could not review the trial court’s determination that the agency did not have to make diligent efforts to reunite parent and child given that the record on appeal did not include the evidence on which the court below relied.
Stipulation For Judicial Notice of Prior TPR Proceedings Served As Basis For TPR
Matter of Brayden R. 2016 NY Slip Op 00833 [2/5/16]
The agency established that nothing concerning the father’s mental health
had changed since a previous order terminating his parental rights with respect to another child was made on the ground of mental, and the father agreed that the court could take judicial
notice of those past proceedings. Upon this proof, the petitioner met its burden, demonstrating by clear and convincing evidence that the father is ‘presently and for the foreseeable future unable by reason of mental illness to provide proper and adequate care for the child.
Justice For All is a breakfast event taking place on December 6, 2017 from 7:45 am to 8:45 am at Drumlins. This fourth annual event helps Hiscock Legal Aid Society continue to provide free legal services for some of CNY’s most resilient, yet marginalized, residents.
Attorney Lucero Saldana Mistry joined our Civil/Immigration team as a Staff Attorney on Monday October 23. We have hired Lucy under a new immigration grant from Empire Justice to handle removal cases and other immigration work. She graduated from the Florida Coastal School of Law in 2009 and has been handling asylum, removal and detention and naturalization cases since 2010. She has been active in trial and appellate practice before the Immigration Courts, the Board of Immigration Appeals and Administrative Appeals Office since 2010 as well. We are very pleased that she will be joining our immigration staff.
We are happy to announce that Jennifer Racciatti joined the HLAS Administrative/Finance Team as Controller on Monday, October 23, 2017. Jennifer graduated from SUNY Buffalo with a Bachelor of Science Degree in Business Administration with concentrations in Accounting and Finance and a Bachelor of Arts in Psychology in May 2006. Most recently, she worked with the Bonadio Group as an auditor for nonprofits, employee benefit plans and governmental agencies. She will report to President & CEO Linda Gehron and take over former Director of Finance and Benefits, Kari Cotter’s, responsibilities. She will be assisted by our Staff Accountant Britani Sims and guided by Kari Cotter, who will telecommute part-time during a transition period. We are very lucky to have the assistance of such a strong Finance Team!
Family Court Defense Seminar on “What is Imminent Risk?” They will discuss the pertinent statutes and case law surrounding imminent risk that results in or prevents the removal of children from their homes. They will also present scenarios for discussion and talk about attorney’s professional and ethical responsibilities to clients in evaluating imminent risk. Additionally, they will talk about the training and standards case workers for presentment agencies utilize. This seminar is a collaboration between the New York State Defender’s Association, the Onondaga County Assigned Counsel Program, and Hiscock Legal Aid Society. This seminar will take place at the George Lowe Center for Justice at 221 South Warren St. in Syracuse.
