Something to keep our eyes on….
A couple of recent incidents at Riker’s Island involving seriously mentally ill inmates (specifically this one and this one), have resulted in firings and criminal charges against correction officers as well as loud calls for change from NYC government officials and advocates….
Here’s another interesting case involving the discharge process for the seriously mentally ill on Riker’s Island….
Some articles you might find interesting if you found some past posts interesting at all:
Judges, prosecutors and wardens go to bat for Michigan’s juvenile lifers (You’ll have to forgive my frequent passing on of MI news but I am a Michigander after all)
Supreme Court Justices question strict IQ standards for Florida’s death row.
From over on Tri-Borough Trek, Kendra’s Law and Social Work
Nagging, as a Force for Good … “A few months ago, the probation commissioner in New York City, Vincent N. Schiraldi, decided the agency could formally connect its younger clients — generally 16 to 24 — with school or vocational training…..”
Maybe its that I’ve overextended myself, maybe its the weather and seasonal affective disorder or maybe it is the fact that House of Cards exists; whatever it is, lately, I just can’t seem to catch up with my life. The anxiety of lagging has been a constant companion this past month; playing catch up has become the general theme of my days. In the spirit of this, I thought I might take the some time to catch up here on the blog, a lot of the topics we explored last semester have had some developments I haven’t bothered to point out (blame Kevin Spacey and Robin Wright).
Stop and Frisk: As I pointed out in my initial post on the subject, the issue of Stop and Frisk was a big one in NYC’s mayoral election. Mayor De Blasio (as promised) didn’t waste anytime settling the case. Read about it here.
I mentioned immigration reform in a post or two (didn’t I?). There has been a bit of back and forth between the GOP and Obama’s administration this new year. This article sums it up.
Detroit’s bankruptcy, a lot going on there. More foundations donating funds. Gov. Snyder has proposed a state bailout. A bankruptcy restructuring plan is set to be filed. Retirees are signing up for new healthcare plans while lawyers and accountants in the city are profiting from their struggle. Follow this link to Detroit’s Free Press’ coverage.
I can’t do a post like this without mentioning my favorite cause, exonerate the wrongfully convicted. Newly elected District Attorney in Brooklyn, Kenneth Thompson has been working on overturning some such cases. Read about the first.
I think that about catches us up… Let’s hope this is the beginning of a new trend for me, though the forecast and the release of season 2 of House of Cards make that seem unlikely.
With the start of a new semester looming, I’ve found myself a little, ehhh, lazy (to put it mildly) this past week. So, in an effort to concern what little energy I have for the demands of my job and my field placement, I picked a nice straight forward topic for this week: Applying for Poor Person Status (terribly named, I know). I’m sure it’s not shocking to anyone reading this that there are filing fees associated with starting a court case, with filing a motion, with picking up a certified copy of a court’s order, etc. What may surprise some of the more naive folks is the fact that these fees are not minimal. In fact, they are downright hefty. For people with low income (ie: many of our clients), the courts fee would certainly be prohibitive for starting a court case and so the courts in New York State (and everywhere else, I’m sure) have set up a way for people who qualify to become exempt from paying fees (certain other expenses may occur depending on the type of case you are involved in). In order to qualify for the fee exemption, a person must file an application for such. The first step of application is filling out an Affidavit in Support of Application to Proceed as a Poor Person. A sample can be found here. The affidavit is fairly extensive. It should contain information about what it is that you are trying to file with the court, what your income and assets are as well as information about dependents and extraordinary expenses. Anything sworn to in the affidavit should be backed up with documentation like pay stubs, tax returns, receipts etc. The affidavit must then be signed in front of a notary public. You must also provide a filled in Poor Person Order. The form looks like this. The Judge will sign this, not you. If you are just starting the case, you will likely also have to file a Request for Judicial Intervention (RJI). Find a sample here. The next step is to take the affidavit with supporting documentation, poor person order and the document you are trying to avoid paying the fees for filing (for example: a summons with notice, summons and complaint or a motion) accompanied by your RJI down to the county clerk’s office located in the Supreme Courthouse in each county. The clerks will direct you from there. Just a side note: The court will take the original, MAKE COPIES. In my experience with clients, it takes anywhere from two weeks to a month to learn if you qualify. You will have to go down the courthouse again to pick up the signed Poor Person Order once it is signed by the Judge. If Poor Person status is granted, then the person is exempt from fees throughout the case. Though, I can assure you will be necessary to remind the clerk of your status every time something is filed.
A second side note: If your client is being represented by an organization that provides free legal services, it is likely their lawyer can submit a Poor Person Certification on their behalf and they will be able to avoid this whole application process.
And a third: Family Court has no filing fees.
PS: here’s some articles of interest:
Juveniles Facing Lifelong Terms Despite Rulings
An update on Detroit.
Lawyers and depression sounds like study is in order….
Because I couldn’t let a whole week pass without talking about the prison population….
Good news for our clients!
Thought y’all might be interested in this article detailing community members’ response to stop-and-frisk : “Stop-and-Frisk’s Fiercest Foe” posted on Narratively…….
I read this article on CNN this morning and thought it might be of interest to some of you….
We talked about stop-and-frisk a bit but this takes searches to a whole a new level… From traffic stop to colonoscopy.
Last week I wrote about Judge Scheindlin being removed from pending stop-and-frisk cases … Apparently Judge Scheindlin is not to happy about this (not all that surprising, considering the criticism involved) and has responded by filing a motion to challenge this ruling … read about it here
Our Clients and the Court 