Imagine we woke up one day to find that our esteemed bar association, founded in 1870, had suddenly been terminated by decree. All the assets of our association, including operating accounts, long-term capital investments, and real estate, had been confiscated. The members of our Executive Committee, the chairs of our various committees, and our leadership staff had been arrested and were facing severe criminal prosecution.

The recent report of the United Nations Special Rapporteur on the Independence of Judges and Lawyers reveals that the above scenario is happening around the world.

In Turkey, 34 lawyers’ associations, in fact, were shut down by decree and had their assets confiscated without compensation following Turkey’s declaration of a state of emergency in June 2016. The chairs, board members, and many regular members of those associations were prosecuted and imprisoned. In China, more than 300 detentions, summonses, travel bans, and other restrictions have been imposed on lawyers and law firm staff since July 2015.

It’s not a new phenomenon. Where liberal democracy is on the retreat, lawyers are often among the first casualties, and history is replete with examples. In Cambodia in the 1970s, the Khmer Rouge systematically murdered anyone who wore glasses, believing this an effective method for targeting members of the educated elite, including attorneys. In 2014, the City Bar hosted an exhibit co-sponsored by the German Federal Bar and the ABA called “Lawyers Without Rights: Jewish Lawyers in Germany Under the Third Reich.” The project that inspired the exhibit uncovered the fates behind a list of lawyers whose licenses had been revoked by the Nazi regime. “Some were able to leave the country after the Nazis came into power, but very many of them were incarcerated or murdered,” said Axel Filges, president of the German Federal Bar. “The non-Jewish German lawyers of those days remained silent. They failed miserably, and so did the lawyers’ organizations. We do not know why.” Read more.

TUESDAY, NOVEMBER 27

WEDNESDAY, NOVEMBER 28

THURSDAY, NOVEMBER 29

FRIDAY, NOVEMBER 30

SATURDAY, DECEMBER 1

“Entering this building in the forties and fifties, when we were still heady from having defeated the world’s tyrants, the fluted pillars seemed to whisper, ‘liberty, equality and justice for all.’”

So said Judge Jack B. Weinstein in 2008 in his Benjamin N. Cardozo Lecture at the New York City Bar Association. It’s one of many comments people have made about the City Bar that I have been moved to collect. The City Bar has meant so many things to so many people over its history, and it’s inspiring to hear what people think about this place in their own words.

Justice Ruth Bader Ginsburg, upon receiving the City Bar’s Association Medal in 2013, said, “The City Bar Association is first among the lawyers’ associations in which I have participated. I joined in ancient days…and I remain a member to this day. I served first on the foreign law committee from 1966 until 1969, then on the post-admissions legal education committee from 1970 to 1974, on the Executive Committee from 1974 to ‘78. After that, the Sex and Law Committee, and, just before I got my first good job in Washington, D.C., on the Civil Rights Committee. Affiliation with the City Bar has enriched and enhanced my lawyering and law teaching days, a reward enough I would say. All the same, receipt of the City Bar’s award is spirit-lifting. I will keep it in chambers for all who visit to see.”

Those familiar with our Great Hall know that a portrait of Justice Ginsburg has long held the spot directly opposite the podium, and the portrait that was there was recently temporarily replaced with her magnificent official Supreme Court portrait for safekeeping while the Court undergoes renovations. At the City Bar’s annual Justice Ruth Bader Ginsburg Distinguished Lecture on Women and the Law last spring, Justice Ginsburg said, “As an official portrait, it will not be transported back from here to the Court until I am no longer part of this world. And as I am trying very hard to stay fit, I anticipate that the City Bar will possess that portrait for a fair number of years." Read more.

November 26, 2018, marks the start of Giving Week at the New York City Bar Association! Giving Week continues the Thanksgiving spirit of gratitude to celebrate giving back and making a difference where we live and work. Read on for this year’s Giving Week happenings and follow #citybargives on Twitter to join the conversation.

City Bar Coat Drive for New York Cares
Monday, November 26, 2018 – Wednesday, December 26, 2018

Drop off new or gently used winter coats at the donation box in the New York City Bar Association lobby from November 26 through December 26 in support of New York Cares’ 30th Annual Coat Drive. Each year, this city-wide coat drive collects over 100,000 coats for New Yorkers in need at transitional housing shelters, public schools, nonprofit social service agencies, and other New York Cares’ community partner organizations. Visit https://www.newyorkcares.org/coat-drive/ for more information, or contact Christina Overton with any questions. This year’s City Bar Coat Drive is co-sponsored by the Public Service Committee and Social Events and Networking Committee.

Giving Tuesday
Tuesday, November 27, 2018

On the global day of giving following Black Friday and Cyber Monday, please consider supporting the City Bar Fund, the New York City Bar Association’s 501(c)3 sister organization that helps individuals, families, and communities in need across New York City and around the globe. The City Bar Fund operates four programs: the City Bar Justice Center, Cyrus R. Vance Center for International Justice, Office for Diversity and Inclusion, and the Lawyer Assistance Program. Learn more about the impact of these programs in the 2017-2018 City Bar Fund Annual Report and follow the City Bar Fund on Twitter for regular updates. To make a gift, please visit www.nycbar.org/donate.

Citymeals Volunteer Day
Saturday, December 1, 2018

The Public Service Committee is hand-delivering nutritious meals to homebound elderly recipients through Citymealson December 1. Since its founding, Citymeals has delivered more than 2,000,000 meals to 18,414 individuals across the five boroughs of New York City. In addition to a balanced meal, Citymeals delivery programs provide a friendly check-in, as many of the homebound elderly served live alone. This service project is in line with the Public Service Committee's mission to give back to the New York City community in ways beyond legal services.

"Lawyers, judges and all who recognize the importance of an independent judiciary to the separation of powers are thankful for the Chief Justice's statement." This City Bar Thanksgiving Day tweet was sent in support of Chief Justice Roberts' response to President Trump's criticism of a judge who ruled against his administration's asylum policy.

City Bar President Roger Juan Maldonado (center) joined Andy Scherer and Alison King, Co-Chairs of the City Bar's Civil Right to Counsel Task Force, in testifying on the right to counsel in eviction cases.

New York City Bar Gives Testimony on Improving Opportunities to Vote, Opposing Change to the "Public Charge" Rule, and Civil Right to Counsel
In the week preceding Thanksgiving break, several City Bar members delivered testimony to the State Assembly, the City Council and the NYC Office of Civil Justice. First, at a hearing held by the Assembly Standing Committee on Election Law's Subcommittee on Election Day Operations and Voter Disenfranchisement, Jerry H. Goldfeder (former chair, New York City Affairs Committee) testified to the necessity of several voting-law measures: early voting, automatic registration, same-day registration, no-excuse absentee voting and instant run-off voting. Next, Ernie Collette, on behalf of the Committee on Immigration and Nationality Law (Victoria F. Neilson, Chair), spoke before the New York City Council Committee on Immigration. He described the City Bar's opposition to a Department of Homeland Security proposal to broaden the "public charge" rule, explaining that such "proposed changes would force immigrant families to make impossible choices between life-saving benefits and future immigration options, including the ability to remain in the U.S. permanently with their families." Finally, City Bar President Roger Juan Maldonado, along with the Co-Chairs of the City Bar's Civil Right to Counsel Task Force, Alison King and Andy Scherer, testified to the New York City Office of Civil Justice regarding the mission of the Task Force and the process being undertaken in order to provide feedback and recommendations regarding the City's roll-out of the new law providing a right to counsel in eviction cases for low-income tenants. They conveyed the initial impressions of Task Force members and described how the Task Force is working to develop "short-term, low-resource interventions to facilitate implementation and long-term measures that will be needed for the success of the program."

Continued Funding for the Communities First Program
The Pro Bono and Legal Services Committee (Amy P. Barasch and Jennifer K. Brown, Co-Chairs) wrote a letter to Governor Cuomo urging him to give his continued support to the Communities First program by preserving its $20 million allocation in the Executive Budget. The Communities First program is an initiative that focuses on providing services that help "homeowners avoid foreclosure and build strong neighborhood preservation efforts" and is the product of a statewide effort to mobilize legal resources to mitigate chronic housing-market issues that fuel foreclosure, e.g. zombie properties, distressed mortgages, and municipal tax debt. The Committee's letter underscores that as long as foreclosure persists in New York, preserving the Communities First program will remain critical.

Letter Urging Endorsement of Sanctions on Emmanuel Shadary
With assistance from the African Affairs Committee (Victoria Safran, Chair), and additional input from the International Human Rights Committee (Lauren Melkus, Chair) and the Cyrus R. Vance Center for International Justice (Alexander Papachristou, Executive Director), the City Bar sent a letter to United States Ambassador Nikki Haley urging her to recommend that the U.S. endorse sanctions imposed by the European Union on Emannuel Ramazani Shadary, a close ally and supporter of President Joseph Kabila of the Democratic Republic of Congo. The EU imposed these sanctions after finding that Shadary was involved in "planning, directing, or committing acts that constitute serious human rights violations in the DRC." The EU found Shadary responsible for unwarranted arrests of activists and opposition members protesting the government's delay in holding elections and for the disproportionate use of force. The City Bar urged Haley to recommend endorsement of the sanctions in light of Shadary's actions against persons seeking to ensure fair elections, and as consistent with the Administration's call for free and fair elections.

The New York City Bar Chorus celebrated 25 years of serving the community with a concert on November 9 in the City Bar's Great Hall. The nearly-100-member chorus, directed by Kathryn E. Schneider and accompanied by Matthew V. Grieco, showcased its extraordinary musical talents to a packed house of more than 400 audience members. Read more about the night and be sure to check out the video highlighting the Chorus by the New York Law Journal. Photo: David Handschuh/NYLJ.

Carmelyn P. Malalis, Chairperson and Commissioner, New York City Commission on Human Rights, joined a panel to discuss the recent “Cooperative Dialogue” amendment to the New York City Human Rights Law on November 13. Not pictured: Kathie Carroll, Supervising Attorney, New York City Commission on Human Rights; Katherine Greenberg, Assistant Commissioner, New York City Commission on Human Rights; Sapna Raj, Assistant Commissioner of the New York City Commission on Human Rights; John Egan (Moderator), Seyfarth Shaw LLP; and Hon. Ruth Pickholz (Moderator), Acting Justice, New York State Supreme Court, Criminal Term. Find out how to access this program and other CLE programs through our CLE On-Demand.

On November 13, the City Bar held "New Age Leasing: Shared Workspaces, Food Halls, Pop-up Stores ... and the Reshaped Retail," a CLE program which discussed these real estate growth areas and provided guidance on issues that distinguish it from negotiating a standard lease. From left: Diane Schottenstein, Law Offices of Diane Schottenstein; Donald B. Mitchell, WeWork, Real Estate Counsel; Jeffrey A. Margolis, The Margolis Law Firm; Philip M. Colicchio, Taylor Colicchio LLP; Jennifer Steindler Darling, Vice President, Legal Affairs Americas, Hugo Boss.

St. John’s University School of Law won the regional rounds of the 69th Annual National Moot Court Competition, which took place November 14-15 at the City Bar. The winning team consisted of Daniel Horowitz and Ryan J. Krumholz. Cornell Law School, represented by Alyssa Hasbrouck, Kasey Ashford and Doug Wagner took second-place honors. Both teams will advance to the final rounds, which will feature 28 winning and runner-up teams from 14 regions across the United States, January 28-31, at the City Bar. The competition is co-sponsored by the City Bar's National Moot Court Competition Committee and the American College of Trial Lawyers. From left: James Herschlein, former Chair of Young Lawyers Committee, Partner at Arnold & Porter; Karen Greve Milton, Circuit Executive, U.S. Court of Appeals for the Second Circuit; Hon. Richard Andrias, Ret. Associate Justice at New York State Supreme Court, Appellate Division, First Department; Ryan J. Krumholz, St. John's University School of Law; Daniel Horowitz, St. John's University School of Law; Hon. Leslie Stroth, Civil Court of the City of NY; Hon. Stewart Aaron, United States Magistrate Judge, U.S. District Court, S.D.N.Y. Photo: Zaena Ballon

Pilots, Plans, & Promises: Is Desegregation Possible in New York City’s Schools?

Focused on New York City’s schools grades K-8, panelists discussed the history of school segregation and integration efforts; diversity pilots and plans; school admission screens, G&T programs, and their potential for desegregation; accountability, legal constraints, and best practices. Listen to the November 8 panel discussion here.

Elections Delayed, Governance Denied - The Way Forward for the Congo

The presidential election first scheduled for 2016 in the Democratic Republic of the Congo (DRC) and then for 2017 never took place. The election is now scheduled to take place on December 23, 2018. Panelists examined the way forward for the DRC and the role opposition leaders, youth activists, the Catholic Church, and duly-elected officials can play in strengthening civil society. Listen to the November 8 panel discussion here.

The American Lawyer, November 15, 2018

Thank You, Joanna Litt: A Response From a Lawyer Assistance Program

By Eileen Travis, Director, New York City Bar Association's Lawyer Assistance Program

"Everyone who cares about the legal profession and mental health issues should read Joanna Litt’s heartbreaking essay in The American Lawyer about her husband’s suicide. In 'Big Law Killed My Husband,' Joanna recounts how the stress that her husband, Gabe MacConaill, was going through at work became too much for him given the mental health issues he was grappling with. 'I know ‘Big Law’ didn’t directly kill my husband,' Joanna acknowledges, 'because he had a deep, hereditary mental health disorder and lacked essential coping mechanisms. But these influences, coupled with a high-pressure job and a culture where it’s shameful to ask for help, shameful to be vulnerable, and shameful not to be perfect, created a perfect storm.'”

The New York City Bar Association’s Lawyer Assistance Program (LAP) and LAPs across the country provide free, confidential assistance to lawyers, judges, law students and their families who are struggling with mental health, alcohol and substance abuse problems. For 24/7 help in New York, call 212.302.5787.

Gothamist, November 15, 2018

NYC's Legal Assistance Program For Tenants Is Saving Thousands From Eviction

"For almost a year now, New York tenants who live in select ZIP codes have been entitled to a free lawyer if their landlord tries to evict them, thanks to a law passed by the City Council in 2017. But you might not know it from walking into the Bronx Housing Court on the date of your court appearance.....'The climate in these courtrooms has changed significantly,' said Andrew Scherer, a lawyer who co-chairs [along with Alison King] the New York City Bar Association’s civil justice task force, which formed earlier this year to evaluate the rollout of the right-to-counsel law. 'People are more aware of their rights, and there’s a lot more actual litigation going on.' Still, Scherer says he’s observed some hiccups in the rollout, most noticeably in the Bronx. In that borough, lawyers contracted by the city to provide free counsel are based not out of an enclosed office, but off a counter in the third-floor lobby where they process around 50 new cases a day, a much higher load than other boroughs. The caseload and the chaotic arrangement of space make it very difficult for the service providers to have private, substantial conversations with their clients. 'Capacity is a huge issue there,' said Scherer. 'These facilities were inadequate when there was half the current amount of litigation.'"

Documented, November 12, 2018

This Russian Blacksmith Was Declared a Public Charge in 1913

"Besides targeting the poor, the Trump proposal is also expected to hit families. “Ultimately, one of the worst impacts will be the way in which this rule could tear families apart,” the New York City Bar Association said in a statement released this month. 'If this rule goes into effect as written, it’s going to be much more difficult for families to sponsor relatives,' said Victoria F. Neilson, the chair of the immigration and national law committee at the Bar Association. That’s because many people seeking green cards or permanent resident status apply through immediate family members."

In a letter to the New York Law Journal on November 9, Adrienne B. Koch, former Chair of the City Bar's State Courts Committee, wrote:

"A Sept. 4 New York Law Journal article titled “NY Bar Associations Look to Sell, Rent Their Buildings as Membership Declines or Stagnates” raised several concerns regarding the continued relevance of bar associations. The article noted that these once dominant legal organizations are facing membership stagnation due to various demographic trends, including “a millennial generation that prefers virtual communities, law firms that don’t want to provide financial support and lawyers who are questioning the value of belonging.' Outlined in the piece are some of the ways bar associations are exploring to reduce costs and find new revenue sources. But there are also ongoing efforts to find creative ways to retain and expand membership and maintain relevance in an evolving profession that exists in a world in which the fundamental ways people interact are themselves changing." She adds, "The bar association of the future may have a very different look and feel from what we are accustomed to today. It may make more use of social media, and “virtual” interaction. It may be less about libraries and more about online resources. But bar associations are more than just buildings, committees and CLE seminars. They are the heartbeat of the legal profession. We should give them room to evolve as the profession does."

We couldn't agree more! Thanks to members like Adrienne, and so many of you who participate on our committees, organize and attend our events and CLE programs, perform pro bono, and find other ways to be involved in our legal community, we continue to exist and thrive because of you.

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