One of the darkest aspects of globalization has to be the proliferation of human trafficking. The U.S. State Department estimates that twenty-seven million people are victims of human trafficking worldwide, with one hundred thousand of them in the United States.

Trafficking, of course, is just prelude to what often awaits the trafficked at their destination:  a form of modern slavery. “Modern slavery – be it bonded labor, involuntary servitude, or sexual slavery – is a crime and cannot be tolerated in any culture, community, or country,” writes Secretary of State Hillary Rodham Clinton in the U.S. State Department’s 2011 Trafficking in Persons (TIP) Report. To our government’s credit, the latest TIP report for the first time includes an analysis of the state of trafficking in the United States as well as in other countries around the world.

While there is much work to be done, there has been progress on the anti-trafficking front since 2000, when the Palermo Protocols were adopted by the UN and the Trafficking Victims Protection Act (TVPA) was passed in the U.S. The TVPA provided new tools to law enforcement and victims’ advocates to fight trafficking.

One of the first organizations to make use of the TVPA was the City Bar Justice Center of the New York City Bar Association. The Justice Center’s Immigrant Women and Children (IWC) Project has represented immigrant crime victims since 1997 and has   represented victims of human trafficking from all over the world since 2002.

While the Justice Center is able to help many individuals secure their freedom and start a new life, it also does much more to fight human trafficking on a macro level, by training attorneys, law enforcement agents, social workers, and medical providers in how to detect human trafficking and the legal remedies for addressing it. Suzanne Tomatore, the director of the IWC project, has participated in State Department dialogues and trainings with government officials and law enforcement agencies around the world, and she contributes to model state anti-trafficking legislation drafted by the Uniform Law Commission.

The Justice Center is able to accomplish even more by working with the City Bar’s committees. On March 29th, the Committees on Sex and Law, Criminal Courts, Juvenile Justice, and the Council on Children are co-sponsoring a panel on “Vacating Prostitution-Related Convictions for Victims of Sex Trafficking.” The Committees have issued reports and letters to government officials on the topic as well.

All of these activities contribute to increasing public awareness, which is often the first step toward solving a complex legal and social problem. “The fact that a form of slavery still exists in the modern era and that it must be confronted is now spoken of by heads of state and CEOs, at shareholder meetings, in church groups, and around the blogosphere,” states the 2011 TIP report.

“When we first started the project, it was remarkable the number of otherwise well-informed people who didn’t even realize, or couldn’t believe, that human trafficking happens right under our noses,” says Tomatore. “Awareness of the issue really has seemed to reach a critical mass, which leaves no excuse for not dealing with it as a society.”

Indeed, in her introduction to the TIP report, Secretary Clinton marks 2011 as the end of the “decade of development” and the beginning of the “decade of delivery.” She writes, “As we assess ourselves and governments around the world, the true test of a country’s anti-trafficking efforts is not just whether a government has enacted strong laws consistent with that approach, but whether these laws are being implemented broadly and effectively. In short, it’s whether they deliver.”

I am proud that the City Bar Justice Center is at the forefront of the effort to stop trafficking and to bring victims out of the shadows by legalizing their immigration status.  If you or your firm is interested in volunteering to help on a pro bono basis, please email the IWC Project.

Samuel W. Seymour is President of the New York City Bar Association.

 

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The Committee on Professional Ethics has prepared a series of common questions and answers regarding New York’s lawyer advertising rules that were adopted within the past few years and included in the Rules of Professional Conduct that became effective in April 2009.

The FAQ’s can be found here in this website’s Ethics section, where you also can find the Rules and the Committee’s ethics opinions dating back to 1986.

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The New York City Bar is now soliciting nominations for the Kathryn A. McDonald Award for Excellence in Service to Family Court. This award recognizes the vital services of lawyers and non-lawyers who work in the Family Court in New York City. The winners will be honored by the Association at a reception at the City Bar on Monday, May 7, 2012.

Nominations can be submitted to the Office of the Executive Director. Details on the nominating process and a copy of the nomination form can be found on the Association’s website here or by contacting Weintana Abraha, at 212-382-6624 or by email.

Nominations are due by March 21, 2012.

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Last year, the City Bar supported the bill known as the “All Crimes DNA Bill,” which would extend DNA collection to all persons convicted of a misdemeanor or a felony in New York State. The Governor has included this approach in the Executive Budget. We supported this legislation, stressing the value of DNA evidence in helping both defendants and prosecutors since it can be used to assist in the investigation and prosecution of a crime, as well as in the exoneration of the wrongfully accused or convicted.

In order to accomplish both purposes, a DNA regime should afford defendants as well as prosecutors reasonable access to DNA evidence and comparisons. In that vein, we commend the inclusion of provisions in Assembly Member Lentol’s bill, A.5886, which are designed to clarify and expand a defendant’s ability to ask a judge to order DNA comparisons from existing evidence and existing databases, both pre- and post-conviction. We also applaud Chief Judge Lippman’s inclusion of enhanced access to DNA for defendants in yesterday’s State of the Judiciary message. The Senate and Assembly should seize this moment to come to agreement on a DNA bill which effectively serves the needs of both prosecutors and defendants.

While this would be an important step toward decreasing the incidence of wrongful convictions in New York, we note that expanded access to DNA is only one of a number of ways to decrease the incidence of wrongful convictions in New York. We also support increasing the use of recorded interrogations, codifying ‘actual innocence’ claims, clarifying ineffective assistance of counsel claims, and ensuring complete disclosure of exculpatory material.

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The New York City Bar Association has issued a report opposing legislation that would prevent school districts, including the New York City Department of Education, from enacting or enforcing policies which prohibit the conduct of worship services in public schools, because the legislation is “overbroad, unnecessary and likely to lead to confusion, litigation and potential Establishment Clause violations.” The policies at issue were recently upheld by the Second Circuit Court of Appeals as reasonable and constitutionally permitted. The legislation was introduced in response to that decision.

While the report makes clear that current policies already permit public schools to make their space available during non-school hours for activities such as religious instruction, religiously-oriented discussion groups, bible study or prayer groups, on the same basis as for secular groups, the proposed bill would take away from the City and other State school districts the ability to exclude worship services from schools. As a result, while purporting to support “maximum access” to public facilities for religious organizations, “the proposal would instead constitute an infringement on the religious liberty of all New Yorkers and would lead school districts into a morass of Establishment Clause problems,” the report states.

The bill’s supporters, according to the report, have focused on the First Amendment’s protection of the “free exercise” of religion, arguing that “the City’s exclusion of worship services from public schools is precisely such a restriction on the ‘free exercise’ of religion.” However, the report continues, “the First Amendment provides that government must also ‘make no law respecting an establishment of religion.’ The Establishment Clause therefore prohibits laws whose purpose is to promote religion, and those whose principal or primary effect is one that advances religion, as the U.S. Supreme Court has held. The prohibition against establishment of religion was intended to protect citizens’ right to practice any religion or not to practice any religion at all; religious freedom and diversity of belief are far more secure when government is prohibited from advancing one religion over others or even favoring religion over atheism or agnosticism. Because the DOE was appropriately concerned about the appearance of government endorsement of religion under the circumstances it was facing, its attendant adoption of its policy prohibiting the use of public schools for religious worship services properly reflected that concern, which is precisely how the Second Circuit saw it.”

The report concludes, “By preventing DOE from precluding worship services in public schools, as constitutionally permitted by the Second Circuit, the Legislature is leading the State into a thicket of Establishment Clause problems. In addition to being unnecessary and overbroad, the Bill strips school districts of the ability to take necessary steps to avoid conveying a ‘message of endorsement’ of religion and, for that reason, the New York City Bar Association respectfully opposes its passage.”

The report may be read here: http://bit.ly/zycXQn

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The City Bar is now accepting nominations for the Twenty-third Annual Legal Services Awards. The award is designed to recognize the efforts of lawyers and non-lawyers who have, for an extended period during their career, devoted themselves to the provision of free civil legal services on a full-time basis to indigent persons.

Letters of nomination should fully identify the nominee and describe his or her outstanding legal services efforts. A nomination form may also be used and is available here. Please send to the Legal Services Awards Committee, Executive Director’s Office, New York City Bar Association, 42 West 44th Street, New York, NY 10036; or fax (212) 398-6634; or email Weintana Abraha.

For more information, contact Weintana Abraha at the Association, at (212) 382-6624 or wabraha@nycbar.org.

The deadline for nominations is Friday, April 13, 2012. The Association will honor the winners in June.

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The New York City Bar Association has released its Legislative Program for 2012, a compilation of State legislative issues that have been addressed by many of its committees. The Program includes positions on existing legislation as well as proposals for new legislation. While the Program represents only a portion of the issues that the City Bar has analyzed or plans to review, it provides an overview of the wide variety of issues of importance to the Association.

Some highlights from the 2012 Legislative Program include:

  • Improving the integrity of the judicial process by increasing access to justice, including the availability of legal representation for low-income parties in civil cases, supporting court simplification, and implementing greater fairness and accountability in consumer debt litigation.
  • Improving the criminal justice system. Among the many criminal law issues its committees address, the City Bar supports expanding the DNA database as an important tool for the investigation of crimes and the exoneration of the wrongly convicted, clarifying the law with respect to claims of actual innocence and ineffective assistance of counsel, expanding judicial discretion to award youthful offender status, and further reform of the juvenile justice system.
  • Support for the equal civil rights of all New Yorkers, including the passage of the Gender Expression Non-Discrimination Act (‘GENDA’), the Reproductive Health Act, laws that protect victims of domestic violence, and a law to clarify the rights of individuals who use service animals.

The 2012 Legislative Program can be viewed here: http://bit.ly/wU27OP

 

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The Texas Tech University School of Law won the final round of the 62nd Annual National Moot Court Competition, held last night at the New York City Bar Association. The winning team was comprised of Brandon Beck, Allie Hallmark, and Elizabeth Hall. The University of California, Berkeley, School of Law was the runner-up team, comprised of Sean McTigue, Rachel Schwartz, and Grace Yang.

Best Brief honors also went to Texas Tech School of Law, with Runner Up Best Brief awarded to Regent University School of Law: Tristen R. Cramer, Megan R. Donley and Amy K. Vitale.

Best Individual Speaker went to Grace Yang of University of California, Berkeley, School of Law, with Runner-Up Best Individual Speaker going to Allie Hallmark of Texas Tech University School of Law.

The final round was judged by: Jane R. Roth, Judge of the U.S. Court of Appeals for the Third Circuit; Raymond J. Lohier, Jr., Judge of the United States Court of Appeals for the Second Circuit; Rosalyn H. Richter, New York State Supreme Court Justice, Appellate Division, First Department; Paul G. Gardephe, United States District Court Judge, Southern District of New York; William F. Kuntz, II, United States District Court Judge, Eastern District of New York; Thomas H. Tongue, President, American College of Trial Lawyers; and Samuel W. Seymour, President, New York City Bar Association.

The final argument of the Competition was the culmination of more than six months of preparation and arguments by more than 191 teams from over 128 law schools in every geographical area of the country competing at the regional and national levels.

The Competition is co-sponsored by the American College of Trial Lawyers and the Young Lawyers Committee of the New York City Bar, Angela R. Vicari, Chair.

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