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You are here: Home1 / Attorneys2 / Attorney in Assigned Counsel Program Did Not Have Standing To Sue County...
Attorneys, Municipal Law

Attorney in Assigned Counsel Program Did Not Have Standing To Sue County for More Pay

An attorney who participated in Onondaga County’s Assigned Counsel Program (ACP) sued the county and the program for money damages, claiming he was entitled to more pay for the legal work he had done, and for a declaratory judgment finding that the AVP manual was a nullity because the regulations in the manual usurped the authority of judges to fix assigned-counsel compensation. The Court of Appeals determined the attorney did not have standing to bring the lawsuit. Roulan v County of Onondaga…, No 62, CtApp, 4-30- 13

 

April 30, 2013
Tags: Court of Appeals
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MID-TRIAL OBJECTION TO SUFFICIENCY OF EXPERT-NOTICE PROPERLY OVERRULED AS UNTIMELY.
NO CORAM NOBIS RELIEF FOR DEFENDANT WHERE DEFENSE COUNSEL FILED A NOTICE OF APPEAL BUT ALLEGEDLY DID NOT ADVISE DEFENDANT OF THE AVAILABILITY OF POOR PERSON RELIEF AND DID NOT TAKE ANY ACTION ON A MOTION TO DISMISS THE APPEAL, DEFENDANT DID NOT MEET HIS BURDEN OF PROOF ON THE INEFFECTIVE ASSISTANCE CLAIM (CT APP).
THE IMPLEMENTATION OF FEES FOR CIVIL SERVICE EXAMS IS NOT A CONDITION OF EMPLOYMENT SUBJECT TO NEGOTIATION UNDER THE TAYLOR LAW (CT APP).
THREE CASES IN WHICH THE APPELLATE DIVISIONS FOUND THE TERMINATION OF TEACHERS TOO SEVERE A PUNISHMENT REVERSED, APPELLATE DIVISIONS HAD EXCEEDED THEIR AUTHORITY TO REVIEW ADMINISTRATIVE PENALTIES (CT APP).
In the Face of Defendant’s Claims Defense Counsel Did Not Adequately Represent Him, Counsel’s Answering the Judge’s Questions About Defendant’s Allegations (Which Were Rejected by the Court) Did Not Place Defense Counsel in a Position Adverse to the Defendant’s
NEW YORK CITY CHARTER PROVISION REQUIRES ONLY ONE ATTEMPT AT PERSONAL SERVICE OF NOTICES OF BUILDING CODE VIOLATIONS BEFORE TURNING TO THE NAIL AND MAIL ALTERNATIVE (CT APP).
THE MAJORITY DID NOT RULE OUT THE POSSIBILITY THAT THE NON-DEADLY-FORCE JUSTIFICATION-DEFENSE JURY INSTRUCTION COULD BE APPROPRIATE IN A SECOND DEGREE ASSAULT CASE, BUT HELD THAT GIVING THE DEADLY-FORCE JUSTIFICATION-DEFENSE INSTRUCTION WAS NOT ERROR HERE (CT APP).
EVEN WHERE IT IS POSSIBLE DEFENDANT LACKS THE CAPACITY TO UNDERSTAND THE SORA RISK-LEVEL PROCEEDINGS, THE RISK-LEVEL ASSESSMENT CAN BE MADE WITHOUT AN INDEPENDANT ASSESSMENT OF DEFENDANT’S MENTAL CAPACITY (CT APP).

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