AABANY Members: Apply for Ninth Judicial District’s ADR Program and/or In-Person Personal Injury Mediation Training

Westchester County Bar Association in partnership with the NYS UCS Office of Alternative Dispute Resolution, and the Ninth Judicial District are assembling a Court Roster of mediators for the Supreme Court to hear civil matters, with a focus on personal injury matters. Roster Mediators will not be compensated for the first 90 minutes spent in mediation. This initial session does not include time spent in preparing for the mediation session(s). Thereafter, mediators will be paid by the parties at an agreed upon rate of up to the District’s compensation cap.

The September 14, 2021 In-Person Personal Injury Mediation Training is an advanced mediation training program designed specifically for mediators who have completed both basic and advanced Part 146 mediation training.  This all-day program will provide mediators with advanced training and skills applicable to the resolution of personal injury actions.  The program will provide participants with background on internal and external considerations that impact the mediation of personal injury actions and mediation techniques for addressing these considerations. This program will satisfy the requirements for “Continuing Education for Neutrals” set forth in § 146.3 and 146.5 of the Rules of the Chief Administrative Judge that require Court-appointed mediators undertake six (6) hours of continuing education every two (2) years as determined by the District Administrative Judge.

Space is limited for this training.  Therefore, attendance will be prioritized for mediators who have completed 40 hours of training (basic and advanced) and currently serve or wish to serve on a NYS Court mediation roster to handle personal injury cases.  This course will not guarantee designation to a NYS Court’s roster, which is subject to the District Administrative Judge’s discretion.

TRAINING APPLICATION

If you meet the above requirements and would like to be considered for this training please complete this application to determine your eligibility.  Deadline to submit a completed application is August 11, 2021. You will be notified of your enrollment by September 3, 2021 and will be required to submit a registration fee at the rate of $150.00 at that time.  The cost of registration will include costs for CLE credits and food. To apply for the training please click the Start Survey button below.

ROSTER APPLICATION

Mediators who wish to apply to join the Ninth Judicial District’s ADR Program roster must possess the qualifications and training as required by Part 146 of the Rules of the Chief Administrative Judge and recent experience mediating Civil cases.  If you wish to apply to join our mediator roster, and have not already done so, please complete a Statewide Mediator Application.

PART 146 TRAINING INFORMATION

Mediators interested in more information on upcoming Part 146-approved training please visit the NYS UCS Office of ADR website.

Thank you very much for your time and interest. Please start the Training Application now by clicking on the Start Survey  button below.  Extended deadline: 8/11/2021, 7:00pm

Start Survey

In the News: AABANY, SABANY, KALAGNY, & FALA-New York’s Joint Statement on AAPI Under-representation in the Judiciary Featured in The New York Law Journal

On Tuesday, June 15, the Asian American Bar Association of New York (AABANY), the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York) released a joint statement calling on the New York State Unified Court System (UCS) to fill judicial vacancies with Asian American Pacific Islander (“AAPI”) judges, including that of Judge Anthony Cannataro’s former role as the citywide administrative judge for the civil court of New York City. On Wednesday, June 16, The New York Law Journal published a front-page article recounting the social and demographic context driving the release of this joint statement, reiterating how “[u]nlike other communities of color, Asian representation has lagged due to a failure by political and judicial leaders to support and promote AAPI judges.” The article also noted how the AAPI bar associations acknowledged the diversity of Governor Andrew Cuomo’s recent judicial appointments but remained staunch in their commitment to remedying the dearth of AAPI representation on the bench.

To read the full article, click here (subscription required).

AABANY Joins SABANY, KALAGNY, and FALA-New York in Calling for Increased Representation of Asian Americans and Pacific Islanders in Leadership Positions in the New York Judiciary

In February of this year, the Asian American Bar Association of New York (AABANY) released its report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, co-authored with Paul, Weiss, detailing the surge of anti-Asian hate and violence as a result of the pandemic. The report advanced seven carefully-considered proposals for combating anti-Asian racism and discrimination, including, a call for “Greater Representation of Asians in Law Enforcement, Public Office, and the Courts.” Consistent with this proposal, AABANY joined in a statement with the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York), calling on the New York State Unified Court System (UCS) to appoint Asian American Pacific Islander (“AAPI”) judges to fill the positions of Administrative Judge in the Civil Court of the City of New York, Administrative Judge of Supreme Court, Criminal Term in Bronx County, Administrative Judge of Supreme Court, Criminal Matters in Queens County, and Appellate Term, First Department.

As the accompanying press release for the joint statement issued on June 15 notes, “the lack of Asian representation on the bench is not a recent phenomenon.” As AABANY’s report explains, “Racism and bias fester where positions of power are held primarily by the white majority. Institutions that are meant to both represent and serve justice to the community will be more effective if they more closely reflect the composition of the community.” Efforts to increase diversity in the judiciary comprise first steps to ensuring the legal system can protect all Americans, regardless of racial identity.

Secretary Jeh Johnson elucidated in his October 1, 2020 Report from the Special Advisor on Equal Justice in the New York State Courts that “the overwhelming majority of the civil or criminal litigants in the Housing, Family, Civil and Criminal courts in New York City are people of color,” but “[b]oth the Minorities and Williams Commissions identified the lack of diversity among judges and non-judicial employees within the court system as a major issue affecting the administration of justice in the state.” Though these courts serve many litigants from communities of color, the bench does not reflect that diversity, with the overwhelming number of judges being male and white. Secretary Johnson concludes, “The sad picture that emerges is, in effect, a second-class system of justice for people of color in New York State.”

AABANY, through its joint statement with SABANY, KALAGNY, and FALA-New York, reaffirms its commitment to the fair administration of justice for all, calling for change to the longstanding under-representation of AAPI judges in New York State. Read more here.

Court System Mandates Screening of Courthouse Visitors due to COVID-19

Beginning July 6, 2020, the Unified Court System will require all courthouse visitors to participate in questioning and a temperature screening. The changes come as New York begins to re-open and adjust following the COVID-19 pandemic.

A uniformed official will take the temperature of all visitors, including attorneys, witnesses, spectators, prisoners, law enforcement officials, and others, with an infrared thermometer, which requires no physical contact.

Visitors will be asked if in the last 14 days, the visitor has (1) experienced fever, cough, shortness of breath or any other flu-like symptoms; (2) tested positive for COVID-19 or been in close contact with anyone who has tested positive; (3) returned from travel internationally or from states covered by Executive Order 205.1.

If the visitor registers a temperature of 100º or below and answers ‘NO’ to the aforementioned questions, they will be permitted into the courthouse. If a higher temperature is recorded or visitors answer ‘YES’ to any of the questions, the courthouse will request additional information for the visitor and will not be let inside.

For more information or tread the complete memo, please click the image above.

Mediators Wanted – Presumptive ADR Initiative

Thanks to the Network of Bar Leaders for sharing this important announcement about the Presumptive ADR Program:

The NYS Unified Court System has launched the Presumptive ADR Program, an alternative dispute resolution (ADR) initiative, which will expand existing ADR programs and develop appropriate dispute resolution programs in a broad range of civil cases statewide.

These programs will address various case types and will be implemented systemwide. Some programs will rely on the existing network of ADR programs while others will seek to develop or expand rosters of neutrals who meet the requirements of Part 146 of the Rules of the Chief Administrative Judge. Courts may be seeking neutrals for assistance in areas that may include matrimonial and family law, personal injury, trusts and estates and commercial matters.

The court system is seeking to improve diversity in the court rosters and increase outreach in all judicial districts.  The Network of Bar Leaders is in a unique position to help promote ADR practitioners through this recruitment tool.

We encourage prospective neutrals to submit their information on or before March 20, 2020 by completing and submitting the online form at this link: https://forms.gle/SqnP8AG8irbfqt2a9 so that it can be aggregated and provided to the court system to make outreach more efficient when the time comes.

The information you provide will be forwarded to the NYS Unified Court System’s ADR office and Deputy Chief Administrative Judge’s Special Counsel for ADR Initiatives for Courts within NYC and Outside NYC, for their further consideration when the initiative reaches that stage.

Please note that the court system will contact only those respondents whose professional background, formal training, ADR and subject matter experience, and geographic availability meet the current needs of a particular roster. The court system will also communicate directly with you at a later date if they are in need of any additional information.

Notice to Bar – Re: expansion of mandatory E-Filing in Suffolk County Supreme Court

Notice to Bar – Re: expansion of mandatory E-Filing in Suffolk County Supreme Court

E-Filing Training Available

E-Filing Training Available