WWBA April 2017 Newsletter

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○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ An Interview with Hon. Susan Cacace from page 7 16 and 17 year-olds) and sex offenses involving victims of tender age. Sixteen and 17 year-old defendants who are charged with violent crimes oftentimes get stuck between two systems; they are too young to get services that adults would ordinarily receive, but too old to get assistance from Family Court, as they are considered adults under the New York State Law. When they are charged with violent sex crimes, I am required to balance the needs of the victims with the needs of these defendants, as young adults, and tailor their dispositions accordingly. My sex offense cases involving child victims are also very challenging, in that it is very easy for a young child to be re-victimized during the trial process. As a result, the negotiation of a disposition prior to trial is critical, and if there is no disposition and a matter proceeds to trial, I try to make the process as comfortable as possible for the child, while still affording both parties, the defendant and the prosecution, a fair trial. Q: What advice would you give to women lawyers starting out in the profession? A. The advice that I would give to women starting out in the profession is that you can accomplish anything through hard work. I also advise them to always conduct themselves in a dignified manner, in and out of court; be respectful of their peers, their fellow attorneys, and the judiciary; and be forthright and honest, while balancing the interests of their clients – all because your reputation proceeds you and you will only be as effective as your reputation permits. Most importantly, women lawyers should truly support other women lawyers, because if we stick together, we can only become stronger and even more successful. Q: How has the practice of law changed in Westchester County over the years, if at all ? A: In my experience, having been admitted to the Bar nearly 30 years ago, the diversity of the legal community in Westchester County, both Bench and Bar, represents the greatest change I have observed. As I have focused most of my career in the arena of criminal law, as a prosecutor, a defense attorney, and as a judge, I am encouraged by the significant growth in the ranks of the female criminal defense attorneys. At the beginning of my career in 1990, I can recall that outside of the District Attorney’s Office and the Legal Aid Society, there were a mere handful of women practicing criminal law in Westchester County, whereas today I would estimate that women are the most rapidly growing demographic in this niche area of practice, despite the historic misconception by too many that such work was better-suited to our male counterparts. Similarly, and perhaps even more gratifying, is the growth I have seen in the diversity of the Bench, where women are now routinely elected to sit in the Surrogate’s Courts, the Family Courts, the County Courts and the State Supreme Courts, as well as the United States District Courts, and all appellate courts in both systems. Of course, much has changed over the course of my career, but nothing more meaningful than the diversity of our legal community. Q: When you are not on the bench, what activities do you like to engage in? A: When I am not on the bench, I spend time with my family, friends, and I try to work out as much as I can. As a mother of three teenage girls, my free time is filled with traveling to track practices, school events, and doing homework. My eldest daughter is a rising high school senior, so we are currently in the midst of a college search. As a family, we like to travel and are looking forward to a trip to London in August. Finally, I enjoy getting in my early-morning workouts on most weekdays before the whirlwind of school and work begin. ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Q: How have you managed the work/family balance over the years? A: As any working mother knows, managing the work/ family balance takes a great deal of practice and I am very fortunate to have had a tremendous amount of help along the way. My husband, James G. Dibbini, has always been my strongest support both personally and professionally. An accomplished attorney in his own right, Jim is a smart and successful businessman, a wonderful father, and a generous and loving husband, who always makes time for me and our three girls. Throughout the years, we have had additional support and assistance from both of our families, our friends, and a few wonderful nannies, as well. Q: What are your goals professionally and personally going forward? A: My goals both professionally and personally going forward are pretty much the same -– to strive to do my best at everything that I do. In my personal life, we are currently searching for that “perfect” college for my oldest daughter; I hope she, as well as my other two daughters, find colleges that they love, where they will thrive as they move on to adulthood. Professionally, I feel so fortunate to have been re-elected as a Westchester County Court Judge, a position that I love, and to work in a field that I continue to find exciting, as well as challenging. Going forward, I will strive to gain even more of an expertise in my capacity as presiding judge of the Westchester County Sex Offense Part and continue to promote the administration of justice. ◗ Page 8 Westchester Women’s Bar Association News
○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ April Litigation Tip ✦ BURDEN OF PROOF: SEALING COURT RECORDS IN CIVIL ACTIONS TRIAL COURT RULE §216.1(a) Even where parties stipulate to seal records, Uniform Trial Court Rule 216.1(a) requires a finding of good cause by the court. The party seeking to seal court records has the burden to demonstrate the compelling circumstances which justify restricting public access. It should be recognized that access includes the right of the press to read and review court documents, unless the documents have been sealed pursuant to a statutory provision or by a properly issued sealing order. Confidentiality therefore is viewed as an exception not the rule and both the First and Second Departments have held there is a broad presumption that the public is entitled to access to judicial proceedings and court records. The issue was recently addressed in an appeal of two related actions, Maxim Inc, et al. v Feifer, et al. and Hearst Newspapers, LLC, et al., Proposed Intervenors, 2016 NY Slip Op 08319. The First Department unanimously reversed the lower court’s denial of the motion made by Hearst Newspapers to intervene for the limited purpose of accessing court records and granting public access to certain redacted records. The appellate court undertook a thorough review of the documents finding that certain documents were incorrectly sealed and did not involve matters of trade secrets, confidential business information or proprietary information. While the appellate court recognized that it may be easier for the parties and the motion court to seal an entire record rather than make a determination document by document, the court held administrative convenience is not a compelling reason to seal a record. The court ordered certain documents un-redacted (action 1) and the sealing order vacated (action 2) but directed the clerk not to release such documents for ten (10) days to allow the parties time to move by order to show cause to redact or seal documents on notice and for the trial court to decide the motion in a written decision complying with Rule 216.1(a). Of note, documents obtained through disclosure and not filed with the clerk remain subject to protective orders as set forth in CPLR 3103(a). See 22 NYCRR 216.1(b). Written by Angela Morcone Giannini, Co-Chair, Litigation Committee Other Co-Chairs: Jacqueline Hattar & Kimberly Sheehan Education Committee Program from page 6 special educator. Ms. McCabe highlighted accessibility issues that she has addressed at Mercy College to ensure that students with disabilities have access to college programs and services: for example, course substitutions; emotional support animals; accessible technology; and accommodations in extracurricular activities. The Education Committee program was very well attended. Attendees participated in a vibrant and constructive roundtable discussion. The WWBA Education Committee is grateful to Ms. Drumm and Ms. McCabe for providing attendees with valuable written materials and promoting awareness regarding accommodations for people with disabilities. The Education Committee appreciates the generosity of White and Williams, LLP for providing its conference room for the event. ◗ *Certification from the Institute of Disabilities and Equal Access to Legal Systems Approved by King’s International University of Science & Technology not a governmental entity. Westchester Women’s Bar Association News 2017 Justice Sondra Miller Scholarship Award from page 4 routinely gives back to the community in various ways including tutoring and mentoring students, advocating for others, volunteering and interning, and serving in leadership roles in various professional organizations and clubs. The Justice Sondra M. Miller scholarship will be awarded to Ms. Akpaka at the WWBA Annual Dinner on June 7, 2017. I hope you have the opportunity to meet Erika, congratulate her and welcome her to the WWBA. ◗ Page 9
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WWBA April 2017 Newsletter

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