Overview and Hiring Practices

An Overview of the Bureaus Within the Society

Each of the five bureaus at the Legal Aid Society of Nassau County assumes a separate part of the Society's responsibilities. Which bureau you join will depend on your own special interests and skills. Attorneys who want to try criminal cases before a jury begin in the District Court Bureau handling misdemeanors. Within three years those attorneys may be asked to stay on as a member of the County Court Bureau, representing clients charged with felonies. Defending against criminal charges is the largest part of the Society's responsibility, and attorneys in this field need to be expert not only in the law and in trial procedure, but also in approaching defendants who are often frightened or suspicious.

Work in the Family Court Bureau frequently tests an attorney's ability to use negotiation and mediation, as well as more traditional legal skills, to protect a client's interests. Issues in the Family Court can be emotional; the clients of this bureau have usually become involved with the law because they are part of a family in crisis. Attorneys handling the clients' legal problems must also address their social concerns.

Attorneys in the Appeals Bureau need excellent writing skills and strong academic backgrounds. Some people say appeals work requires a "lawyer's lawyer"--someone who can do everything from identifying and researching issues to arguing convincingly before a panel of appellate judges.

District Court Bureau

The District Court Bureau is the largest bureau at the Legal Aid Society, handling the highest volume of cases in this office. This bureau is responsible for representing all defendants charged with misdemeanors and violations from the inception of a case until ultimate disposition through plea bargaining, trial or dismissals after motions. Attorneys in this bureau also represent individuals charged with pre-indictment felonies and handle parole revocation defense. At revocation hearings, attorneys present witnesses, conduct cross examination, and make opening and closing statements before an administrative law judge.

All of the District Court attorneys are personally responsible for their caseloads, yet there is a constant exchange of ideas between all member of the staff. Inexperienced attorneys receive personal supervision on their cases with the supervisors acting as co-counsel during their first trials. This guarantees individualized training for the attorney and at the same time assures proper representation.

The District Court Bureau has all of the advantages of a small office with constant cooperation among the attorneys, and it avoids the impersonal aspects associated with larger offices in private law firms. We are also fortunate in having sufficient support personnel to assist the attorneys. The daily practice is indeed bustling. No one gets bored, the days fly by and we end each day with the comforting feeling that we are doing something that really matters to our clients. The camaraderie among the attorneys in the bureau makes working here a unique experience. Most attorneys who have worked here and then embarked on another career look back at their experience in District Court and feel it was the best job they have ever had.

The District Court staff is presently divided into several units. When a defendant is arrested his first appearance in court is in the Arraignment Court where the client is advised of the nature of the charge(s) pending against him and a bail application is made. Our arraignment unit is comprised of several attorneys and a unit supervisor. Their work day starts early when they interview recent arrestees in the detention cells obtaining background information pertinent to bail applications. If appropriate, the attorneys telephone individuals related to the defendant or otherwise involved in the case in order to shed further light on what would be appropriate bail. Telephone contact is particularly valuable in spousal abuse cases or cases involving assaultive conduct. In those instances speaking to the complainant can be influential in opposing the prosecutor's applications for Orders of Protections against our client. The considerable effort expended by these attorneys puts them in an excellent position to make meritorious applications to the court.

The pre-indictment felonies are assigned to the District Court Bureau's Felony Examination Unit (also called Part 9). The attorneys assigned to that unit are the more experienced District Court attorneys. As these attorneys represent defendants charged with more serious offenses, they are closely supervised by the County Court Bureau Chief and the Deputy District Court Bureau Chief. The Felony Examination Unit carefully reviews each case after conducting an extensive interview with each client. This analysis prepares them to engage in meaningful case analysis and plea negotiations.

The last unit of the District Court Bureau is the core unit which is responsible for misdemeanor and violation case preparation and plea negotiation, motion practice, and pre-trial and trial litigation. Their practice is quite demanding as they are responsible for heavy caseloads handled in the hectic environment of the District Court. Nassau County treats those charged with misdemeanors quite harshly; consequently our plea bargaining is quite challenging and our trial practice is extensive.

Most of the attorneys assigned to the District Court Bureau are inexperienced. To ensure quality representation for our clients, these attorneys undergo rigorous training and supervision, consisting of formal lectures, videotapes, simulations and a wealth of written materials. They receive additional "on-the-job" training in all aspects of their work. In court the junior attorneys are supervised by the more experienced attorneys. When the attorneys conduct their first two pre-trial hearings and their first two trials they are "second seated" by the Bureau Chief or the Deputy Bureau Chief. This litigation is followed by comprehensive written evaluations of their performance which are reviewed with the Bureau Chief. It is our aim to provide invaluable training for our attorneys while at the same time guaranteeing that clients receive competent representation. The District Court Bureau provides a wonderful opportunity for attorneys to gain insight and meaningful experience in criminal law, coupled with invaluable litigation experience that prepares them to be competent in any legal endeavor requiring litigation and negotiation skills.

A great deal of time has been devoted this past year to assisting in the development and operation of specialized courts in the District Court. Throughout the year the Legal Aid Society handled the majority of cases that were referred to the Community Court. This court is designed to deal with 'quality of life crimes,' charges that effect the daily activity of the community, such as littering, graffiti, minor larcenies, prostitution, criminal mischief, etc. The theory behind this court is that defendants charged with less serious offenses should be given the opportunity to avoid criminal convictions by agreeing to receive needed treatment for alcohol or drug dependance, educational programs and performing community service. The dispositions in the Community Court are supposed to occur quickly in order to address defendants' problems as well as showing the community that a reasonable punishment has been imposed. The services provided by the community service are designed to show the community that people arrested for these type of violations will be swiftly punished and that the punishment will actually help the neighborhood.

The District Court Bureau has also been instrumental in creating two additional specialized courts, the Domestic Violence Court and the Drug Court. Both of these courts will only handle cases that meet strict requirements. In the Drug Court, defendants charged with specified crimes and who would be expected to receive more than a 90-day sentence if convicted of the crime charged are screened to determine their need for drug or alcohol therapy, educational training to receive a GED, and possible vocational training. Once a client's needs are assessed, the defendant, prosecutor and court enter into a contract spelling out defendant's responsibilities as well as a commitment from the judge and prosecutor as to the disposition and sentence that will be imposed if defendant successfully completes his obligations. It is anticipated that in the majority of cases, upon defendant's successful performance, the pending charge(s) will be dismissed.

The last newly formed court is the Domestic Violence court that presides over misdemeanor cases involving criminal acts of violence between spouses or individuals that have a child in common and who are living together. These cases will be screened at arraignments by the prosecutor and forwarded to the Domestic Violence Court. This court is presided over by a County Court Judge who has been empowered with the jurisdiction of a District Court Judge and a Family Court Judge. The aim of this court is to improve victim safety and support, while at the same time rehabilitating defendants with a violent propensity. The court is creating a multi-disciplinary response to the domestic violence problem, through partnerships with domestic violence advocates, service providers and other criminal justice agencies.

The District Court Bureau is responsible for coordinating the Continuing Legal Education program for the Legal aid Society. As an MCLE Accredited Provider this office conducts in-house training for its attorneys. The programs are designed to improve the attorneys' legal skills while at the same time ensuring that they will accumulate the required Mandatory Continuing Legal Education credits.

Family Court Bureau

Attorneys in the Family Court Bureau represent clients in matters involving child neglect and abuse, custody and visitation rights, family protection orders, termination of parental rights, and the defense of respondents in paternity cases and violations of support orders. The Nassau County Department of Social Services is the petitioner in child protective cases and in those paternity and support cases where the child is a recipient of public assistance.

A new attorney in the Bureau begins with support, paternity and family offense cases. The Bureau Chief reviews the case with the new attorney and advises what questions to raise. New attorneys spend some time observing other members of the Bureau in the Family Court before handling their own assigned cases.

The Legal Aid attorney works hard to make the client--who may have begun to see all professional people as adversaries--feel that the Society, at least, is on his side. "These are people under great stress," says the Family Court Bureau Chief. "The issues are human, psychological. Of course, cases like these can be very tiring and frustrating. But they are rewarding too."

Experienced attorneys in the Bureau take on the more difficult cases--those involving custody and neglect, for example, where there is more law to know and a greater probability of unexpected events.

Sometimes a Family Court case may spill over into the other bureaus as well. In one incident that occurred some years ago, three bureaus--Family Court, District Court and Appeals--all represented one client who had first been charged with neglect because of her son's truancy, was then charged with assault when she resisted a sheriff who tried to arrest her on a warrant, and was then ordered by the Family Court judge to have a test for AIDS, although there was no evidence of her being at risk for AIDS and no connection between AIDS and the allegations in the neglect petition. A stay of the test was granted after the Appeals Bureau was given permission to represent the woman on appeal of the judge's order. The Appellate Division subsequently sustained the Society's position.

"These kinds of cases offer an attorney, even someone who is not interested in a family or divorce practice, the broadest kind of experience," says the Family Court Bureau Chief. "They can help a young attorney build an extraordinarily interesting resume."

Appeals Bureau

New attorneys in the Appeals Bureau can expect to file their first briefs in appeals of misdemeanor cases within a few months of their arrival at the Society. From the first day on the job, they work with the Bureau Chief to review newly assigned cases. With his guidance, they formulate the appropriate issues, brainstorm arguments, and do the research. Within six months, they may have their first cases on the calendar before the Appellate Term of the Supreme Court. As attorneys become more experienced, they handle felony appeals to the Appellate Division in Brooklyn, federal Habeas Corpus petitions in the United States District Court for the Eastern District of New York, and petitions for certiorari to the United States Supreme Court. Typically, an attorney will have a leave application granted to argue his or her first case before the Court of Appeals in Albany in as little as two years.

The bureau has achieved reversal or modification in an extraordinary number of its cases; at the Appellate Term, our bureau's success rate has remained at or above an impressive 50% as compared to the much lower rate among all criminal cases argued before that court. Our efforts have also been particularly outstanding before New York's highest court, the Court of Appeals, and in one recent year, every appeals attorney on staff argued at least one case before that court--something many private attorneys do not have the opportunity to do in an entire career.

There is a certain luxury about doing appeals," the Bureau Chief says. "Our attorneys can be fully prepared and can research every relevant precedent. When we appear before an appellate panel, we are able to present our interpretation of the law the way we think it should be understood and applied. Of course, the court may not agree. But at least we get to set out a full, coherent and professional argument."

The Appeals Bureau has handled many cases over the last 25 years that have set important New York State precedents. Among several notable examples, People v. Rogers (48 N.Y.2d 167) significantly expanded the right to counsel in New York. That judgment was reaffirmed and strengthened in People v. Samuels (49 N.Y.2d 218), and then limited in People v. Bing (76 N.Y.2d 331), argued by our office. In 1999, our office successfully argued People v. Hernandez (93 N.Y.2d 261), which established the right of defendants to appeal their certification as a "sex offender," thereby prompting the state Legislature to subsequently amend the Sex Offender Registration Act so as to provide for civil review in such cases. As a result, the bureau now handles these civil appeals as well. As recently as 2000 and 2001, this office has continued to maintain a strong presence in the Court of Appeals with cases having a significant impact on criminal law in areas as diverse as the form and content of accusatory instruments (People v. Casey, 95 N.Y.2d 354) and "lesser-included" offenses within the state Penal Law (People v. Bartkow, 96 N.Y.2d 770).

In the past, the Appeals Bureau has also handled litigation in support of prisoners' rights at the Nassau County Correctional Center. In light of the United States Department of Justice's 2000 report on the recent endemic abuse of inmates at the county jail, prisoners' rights may once again become an important part of what we do in the future.

Office-Wide Hiring Practices

All attorneys hired to work for the Legal Aid Society are required to make a three-year commitment to remain at the Society. Newly hired attorneys remain probationary for a three year period. At the completion of the three-year probationary period, a decision based upon both the attorney's performance and the current staffing needs of the office is made as to whether the attorney will be asked to stay on as a tenured member of the staff. In the case of a District Court attorney, this will only be done if there is a current or pending opening in the County Court Bureau, the bureau that handles trial-level representation in felony cases at the Legal Aid Society. Attorneys are not hired directly into this bureau, but rather, are promoted from among the existing District Court Bureau staff.