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Court considers kids’right to representation

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first_imgCourt considers kids’right to representation Court considers kids’ right to representation Jan Pudlow Associate Editor Children in juvenile court should not be allowed to waive their right to counsel and enter a plea without first talking to an attorney and understanding fully what rights they are giving up.That was the top priority of The Florida Bar Commission on the Legal Needs of Children, after three years of research and study. It was also recommended by both the Supreme Court’s Steering Committee on Family and Children in the Courts and the Juvenile Court Rules Committee, approved by the Bar Board of Governors, and endorsed by the Florida Public Defender Association.But in oral arguments June 10 on proposed amendment to Fla. R. Juv. P. 8.165, justices peppered lawyers with practical questions, including Justice Charles Wells’ attempt to get a handle on the fiscal impact it may have on public defenders who say they are willing to take on these added duties in juvenile court.“My concern is, I want to understand how this will work in real life,” Wells said.Gerard Glynn, executive director of Florida’s Children First! and a member of the Juvenile Rules Committee, described what he envisioned should happen at arraignment: The judge would ask the child whether he or she had talked to an attorney. If the child answers, “Yes,” the judge would inquire: “Whom did you speak with?” and probably go into a colloquy about what the child understood. If the child answers, “No,” the judge would ask the child to speak to the public defender already on duty in the courtroom.Justice Peggy Quince asked about determining whether the child is indigent to qualify for the public defender. And Justice Raoul Cantero asked whether a child’s family who is not indigent would be directed by the judge to hire an attorney.To the first question, Glynn answered that the public defender would simply be assigned to talk to the child for that limited purpose, not appointed for the whole case, so it should not be a problem. To the second question, Glynn answered that §985.203 deals with that issue.“It is common that a parent may refuse to want to hire an attorney. And the reason the child is entering this plea is because generally children don’t have money,” Glynn said. The statute gives the judge the authority to appoint a paid attorney to a non-indigent client and order the parents to pay for that attorney, he said.Justice Barbara Pariente asked why the Bar’s Commission on the Legal Needs of Children saw the need for this new rule.Glynn quoted the commission’s 2002 final report: “Alarming to many commissioners was that children entitled to representation in delinquency cases often waive that right.”But Glynn was not able to answer Justice Kenneth Bell’s question on how many children plead guilty or no contest to crimes they did not commit.There was a difference of opinion of whether this proposed rule would create a substantive right that should be addressed in changes to the statute by the legislature, rather than a procedural matter that could be addressed in a rule change by the court.Glynn argued that the right to counsel is created in the Sixth Amendment to the U.S. Constitution, and the rule would create a procedure so there are guarantees before that substantive right is waived.“The issue of why these procedures are necessary is because. . . we recognize there needs to be extra caution when we are dealing with children waiving their rights,” Glynn said.Ward Metzger, of Jacksonville, speaking on behalf of the Florida Public Defender Association, said: “Let me assure the court that, in fact, the public defenders do wholeheartedly support this rule and the concept behind the rule. We believe that it is crucial that children in the courtrooms of the state of Florida understand before they enter a plea, before they waive counsel, what it is in fact that they are giving up.”Wells asked whether the association had “done an analysis of how many more lawyers the public defender would need in order to provide this service? In other words, the fiscal impact?”Because public defenders are already present in juvenile courts, and many judges already make sure no child goes unrepresented, Metzger answered: “We believe at this point in time that there will not be a direct fiscal impact.”Jennifer Parker, general counsel for the Department of Juvenile Justice, spoke in her capacity as chair of the Juvenile Rules Committee, and presented the minority opinion that to mandate a child be represented by counsel confers a substantive right.Chief Justice Harry Lee Anstead asked whether DJJ objects when judges, such as those in Jacksonville, already follow the practice of appointing a lawyer for the child.“Absolutely not,” Parker answered. “Again, I am not really here for the department. But it would be the department’s position that every child be represented before they proceed. It is just our opinion that the statute needs to indicate that, not the rule.”Sixth Circuit Judge Lynn Tepper, a member of the Bar’s Commission on the Legal Needs of Children, spoke on behalf of the Supreme Court’s Steering Committee on Family and Children in the Courts, which voted 12 to 3 in favor of the proposed rule change.“Children have a right to counsel. Courts take waivers all the time,” Tepper said. “How we take that waiver is procedural. It is not conferring a right on a child. The right exists. It is to assure that the judges, and I believe it is frankly probably the majority of judges in this state who may not do what we do in Dade City or do what they do in Duval County, and have a child confer.”Tepper pointed out that there is already a fiscal impact with the status quo, noting that 35 cases have gone up on appeal regarding a child’s waiver of counsel. Thirty-three of those were reversed with the finding it was not a valid waiver of counsel, so those cases will have to be retried, she said.Chief Justice Harry Lee Anstead: “I take it that you see this as a very valuable quality control device?”“Absolutely,” Tepper said. “I’m concerned that I have children whose parents have the wrong motivation at heart. It is the children’s rights that are at issue. These children and these families are in crisis.”Justice Quince wondered what happens in “some jurisdiction where the public defender is not available or will not talk to children who are not indigent?” And even though Metzger assured the public defenders of the state are willing to take on the requirements of the new rule, Justice Wells reminded “but they don’t have a statutory obligation.”“With this rule, it will make it clear that they would need to be there,” Tepper answered. “Again, children can waive their right to counsel. This doesn’t mean that the public defender will be with the child through every stage of the proceedings. And it doesn’t mean that children whose families can afford an attorney will necessarily end up with a public defender at an adjudicatory hearing.”But it would mean that the judge must inquire whether the child had an opportunity to talk to a lawyer before entering a plea, she said.“It may be I have a child who is being prosecuted for domestic violence,” Tepper said. “The very parent being asked to pay for the attorney is the named victim. It is my policy, frankly, to appoint the public defender.”Justice Cantero asked: “Why don’t we just establish a rule that a certain colloquy needs to be undertaken, when the right to counsel is waived?”“I would refer you to the research and testimony of the Commission on the Legal Needs of Children that did consider these alternatives,” Tepper said.“Yes, we can educate judges. Yes, we can improve that. But I have found that children may have defenses they do not recognize or they’re simply stating to the court, ‘I don’t want an attorney. I didn’t do it. I want to get it over with.’ Their motivation may not fully comprehend the consequences, although I say, ‘This is going to come back and haunt you.’ I have found the public defender’s office is very effective in persuading their clients just exactly what the impact may be in a few years.” July 1, 2004 Associate Editor Regular Newslast_img read more

Cuomo Proposes State, NYC Minimum Wage Hike

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first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Citing “stubborn” economic and social problems that have “persisted for decades,” Gov. Andrew Cuomo has proposed two separate minimum wage hikes for workers—one for the state and a more ambitious increase for New York City—and tax relief for small businesses as well as several more economic-related initiatives he hopes to have passed as part of this year’s budget.Under Cuomo’s proposal, the state’s minimum wage would be raised to $10.50 by the end of 2016. In New York City, Cuomo is proposing hiking the minimum wage to $11.50 because of the higher cost of living in the city compared to other areas in the state. If these hikes are approved, New York would have the highest state minimum wage in the country.“It’s too easy to say, ‘Get a job,’ ” Cuomo said on Sunday. “You need to get a job, which means you need to have the training and skill to get the job, which means the job has to exist. When you get the job, the job has to pay enough that you can pay the rent, and you can pay for food, and it’s a sustainable wage.”The wage hike is one part of Cuomo’s so-called 10-point plan to combat poverty and inequality.His initiative also includes student loan relief, doubling funding to tackle high unemployment in minority communities, investing nearly $500 million in affordable housing and more than $200 million in homeless services, and $4.5 million to battle hunger. The governor also proposed reducing the income tax rate for small businesses from 6.5 percent to 2.5 percent. The tax cut would drop over a three-year period starting in 2016. Small businesses that file under the corporate franchise tax would be eligible.“That is the lowest level in 100 years for small businesses,” Cuomo said of the proposed tax cut, “and we believe that’s going to be a real shot in the arm for the labor market.”The minimum wage hike and small business tax cut announcement comes days before Cuomo delivers his fifth State of the State address, when he’ll officially lay out his roadmap for 2015. His anti-poverty campaign is expected to be on the list of issues he’ll discuss.But looking at his legislative prospects in Albany, the governor may face his biggest battle over the minimum wage hike.In November State Sen. Dean Skelos (R-Rockville Centre) shot down a potential minimum wage hike, noting that the Legislature had previously passed an hourly wage hike as part of the 2013-2014 budget, increasing the minimum wage to $9 per hour by the end of 2015. The Republican majority leader also nixed helping children of undocumented immigrants acquire citizenship rights through the Dream Act and opposed campaign finance reform involving public funds.“There will be a discussion, I’m sure,” Skelos said, according to Capital New York. “We’re not doing Dream Act, we’re not doing minimum wage, we’re not doing taxpayer financing. If there are other reforms we can come up with, then I’m for it.”Cuomo explained that despite the passage of the earlier hike, a second increase was necessary. “The wage gap is continuing to grow,” he said.The state’s current minimum wage is $8.75.Addressing concerns of college graduates drowning in debt, Cuomo proposed a “get on your feet” loan forgiveness program for graduates who attended a college in New York and continue to live in the state, earn less than $50,000 per year and participate in the federal Pay As You Earn Repayment Plan (PAYE). For those graduates, the state will pay the difference between what the federal government covers and the graduate’s total monthly loan payment.last_img read more

3-second account access wins IdentityX NACUSO Big Idea Award

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first_img ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblr How would you like to dropkick your password and access your account in 3 seconds? Well, you can. IdentityX President Conor White joined us to explain how his speedy, yet secure, biometric technology works and why it won NACUSO’s recent Big Idea Award along with CUNA Technology Council’s Award at the 2015 GAC. continue reading »last_img

Three reasons your employees should also be your members

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first_imgA few weeks ago, I escorted our senior staff writer, Colleen Cormier, to the Apple Store – also known as my happy place. Yes…I am married to Apple. Each member of my family owns some kind of MacBook. We also own iPhones, iPads and iPods. If there is a little “i” in front of a device, I probably own it. I also provide an Apple computer for each of my staff members. This was Colleen’s transition to the “other side.”My experience there is always a positive one, but something one of the employees said took us both by surprise. He said “I don’t use a Mac.”A similar scenario happened not too long ago during a marketing audit we were conducting for a client. One of the employees told us he didn’t use his credit union’s products and services – not one. Why would a customer or member use your products if your own employees don’t?“Internal branding and vocal brand advocacy from employees will be minimally successful at best if your employees don’t actually use your brand,” writes Susan Gunelius, president and
CEO at KeySplash Creative, Inc., in a blog at corporateeye.com. “How can they truly talk about your brand, advocate your brand, develop appropriate new products, and sell your product if they’ve never or rarely used it?” continue reading » 6SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

The future of HSAs

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first_imgIf there is one constant in American politics, it is that with every new administration comes change. One of the first questions that I received after the election was if I think that health savings accounts (HSAs) are at risk of being negatively affected or eliminated. My answer—absolutely not. Of all the issues discussed, it was one of the few issues both sides agreed on. Let’s take a look at why.MomentumHSAs became available in January 2004, at a time employers were actively seeking to lower health care expenses for their employees. Hence, the growth of high-deductible health plans (HDHPs) emerged. By the end of 2007, approximately 10 percent of employers offered an HDHP. The key driver clearly was economics. For early adopters, acceptance of these high deductible plans required education and support of HSAs. Learn more from an in-depth conversation with Steve in Using HSAs To Attract New Members-Part 1 podcast.HSA Growth ContinuedHSAs and the dollars invested continued to grow at an accelerate rate. At the end of 2007, there were an estimated 3 million HSAs holding approximately $3.4 billion in assets. By year-end 2012, HSAs grew to 8.2 million with $15.5 billion in assets, and year-end 2015, 16.7 million with $30.2 billion in assets. And at year-end 2015, $4.2 billion of that $30.2 billion was held in investment accounts. continue reading » 12SHARESShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

Learning the process – Alignment session

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first_img continue reading » Have you ever sat down with a design firm and been immediately inundated with recommendations for the design of your next branch or workplace without diving into your goals and purpose of the project? This process often results in nice looking buildings that don’t deliver on your goals and that your staff don’t quite understand how to use.We take a different approach. Before beginning design or even making suggestions, our team works with your key stakeholders to understand the purpose that is driving your project. We do through a meeting we call an alignment session.“The goal is to uncover what success means to your team. Only then do we draw on external insights and innovations to begin to design a solution.”The alignment session is an interactive workshop, designed to kick off a project and get everyone on the same page. The goal is to uncover what success means to your team, and we do this by facilitating conversations and activities around your goals and requirements for the project. These conversations include deep dives into research, your strategic vision, and a good deal of introspection. This is an opportunity for all voices to be heard, and to discover where your organization’s priorities lie. Ultimately, the team leaves the session with clarity around the best path forward. ShareShareSharePrintMailGooglePinterestDiggRedditStumbleuponDeliciousBufferTumblrlast_img read more

4 Killed, 2 Wounded in Yaphank Crash

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first_imgSign up for our COVID-19 newsletter to stay up-to-date on the latest coronavirus news throughout New York Four people were killed and two others were injured when two vehicles collided and burst into flames on the Fourth of July in Yaphank, Suffolk County police said.Gustave Geyer was driving a Chevrolet pickup truck southbound on Yaphank-Middle Island Road when he lost control of the vehicle and struck a northbound Nissan Altima in front of the Middle Island Country Club at 10:45 p.m. Monday, police said.Geyer, 25, of Ridge, who was alone in his vehicle, was pronounced dead at the scene along with a man and a woman who were passengers in the Nissan. The driver of the Nissan was taken to Stony Brook University Hospital, where he was pronounced dead.A third passenger in the Nissan was taken to Brookhaven Memorial Hospital Medical Center in East Patchogue for treatment of life-threatening burns and head injuries. And an 11-month-old boy in the Nissan was taken to Stony Brook University Hospital for treatment of non-life-threatening injuries.The names of the victims in the Nissan were not immediately released, but investigators believe all five occupants are related.Seventh Squad detectives impounded both vehicles. They are continuing the investigation and ask anyone with information on this crash to call them at 631-852-8752.last_img read more

Jakarta Police apprehend seven alleged provocateurs in rally protesting jobs bill

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first_imgThe Jakarta Police have apprehended seven alleged provocateurs at a rally protesting the controversial omnibus bill on job creation in front of the House of Representatives complex in Central Jakarta on Friday.The police initially netted more than 100 people who allegedly infiltrated the rally to incite riots, Jakarta Police spokesman Sr. Comr. Yusri Yunus said. Of those detained, seven faced questioning while the rest were released.The seven people were apprehended for carrying items deemed suspicious, such as flags bearing the sigil of a so-called anarcho-syndicalist group, rocks and bottles that the police claimed resembled Molotov cocktails.”[We suspect that] five of them are members of the anarcho-syndicalist group and one is a former member,” Yusri told The Jakarta Post on Saturday. Topics : “We are still questioning and investigating them.”Read also: Komnas HAM calls for stop to job creation omnibus bill deliberationsIn April, the police claimed that the group had committed acts of vandalism and provocation to trigger social unrest across the island of Java amid public anxiety over the COVID-19 pandemic.Thousands of protesters comprising students and laborers gathered at the legislative complex in Senayan on Friday to demand the House and the government end deliberation of the omnibus bill on job creation. They condemned contentious articles stipulating manpower affairs, fearing the bill, if passed, would take away workers’ rights.They protested outside the House during the annual People’s Consultative Assembly meeting attended by the country’s executive, legislative and judicial branches. President Joko “Jokowi” Widodo delivered his state of the union address at the meeting, held ahead of Indonesia’s 75th anniversary on Monday.last_img read more

PensionsEurope to EC: ‘Stay clear of prescriptive approach’ on ESG

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first_imgMatti Leppälä, secretary general of PensionsEuropeAs reported yesterday, one of the expert group’s recommendations is that investor duties be “clarified” to extend time horizons and bring greater focus on ESG.As part of this, the HLEG said pension funds should consult their beneficiaries about sustainability preferences, and reflect these in their investment decision-making. An EU omnibus proposal would ensure that the necessary changes took place across the entire investment chain, it said.Commenting on IPE’s report yesterday, Randy Bauslaugh, an experienced pensions lawyer at Canadian firm McCarthy Tétrault, said he was not sure a requirement to consult members on their ESG preferences was a good idea in common-law jurisdictions.“Doesn’t it amount to trustees delegating their decision-making duty to a survey?” he said. “If the purpose of the trust is to provide financial benefits, common law already dictates that fiduciaries ought to be making rational decisions that factor in ESG considerations that are relevant to financial risks and opportunities. Where reliable ESG information is available, they ignore it at their peril.”At PensionsEurope, Leppälä also took issue with suggestions in the report about revising IORP II, the European pension fund directive. “The new IORP II Directive is already very advanced and includes many new provisions on ESG, as part of risk management and investments,” he said. “It would be advisable to first see the impact of these new rules before expanding them.”PensionsEurope’s comments echoed some of those it made in response to a Commission consultation on some of the early recommendations the HLEG made in its interim report.The Commission is already pursuing some of the ideas contained in the HLEG’s interim report, and today said it would move to finalise its sustainable finance strategy on the basis of its final recommendations.Voices across finance  Stephanie Pfeifer, CEO of the Institutional Investors Group on Climate ChangeThe Institutional Investor Group on Climate Change (IIGCC) said it would be studying the HLEG’s final report in detail, but in principle fully supported the priority actions and cross-cutting and sectoral recommendations in the report – in particular, steps to support the clarification of investor duties, to establish an EU sustainability taxonomy, and to confront short-termism in financial markets.Commenting on the report, Stephanie Pfeifer, CEO of IIGCC, said: “The final report… is both very welcome and very timely.“For the financial sector to respond effectively to the climate challenge, the EU must signal clear direction and expectations across all economic sectors via an overarching and comprehensive roadmap for sustainable finance which pulls in the same direction as the EU’s 2030 Climate and Energy Package and commitments to the Paris Agreement.”The insurance view:Insurance Europe , the trade body for the European insurance industry, said it welcomed the HLEG’s report, in particular the recommendations that the EU’s Solvency II regulatory framework for insurers needed adjustment. It also supported an EU taxonomy for sustainable finance, the need for an increased supply of investable sustainable assets, and a proportionate and careful approach in encouraging disclosure of climate-related factors.The campaigners’ perspective:“We are particularly pleased to see the strong focus on clarifying investors’ duties, something that ShareAction has been pushing for since 2010. It is great to see the EU showing leadership in this area and we urge the Commission to now adopt a strong legislative proposal.  “At the same time,” he continued, “there are countless different ways in which pension funds do responsible investments, depending on national traditions, the type and size of the fund, the position of the sponsoring company and the role of the social partners.“The EU should stay clear of any prescriptive one-size-fits-all approach. The number of pension funds that choose to proactively invest according to ESG criteria is growing and will continue to do so.” PensionsEurope, the European umbrella association for national pension fund bodies, has pushed back against some of the final recommendations made by an expert group on sustainable finance advising the European Commission. Matti Leppälä, secretary general of PensionsEurope, said the final report of the High Level Expert Group (HLEG), out today, set out a vision for a more sustainable financial system that aligned capital with the broader values of society.It contained recommendations that were very important for pension funds, he said. Some could widen the choice of sustainable investments and create a common language for the markets through an environmental, social and governance (ESG) classification, or “taxonomy”. This would support “the many pension funds that already take environmental, social and governance issues on board in their investment decisions and engagement strategies”, Leppälä added. Bethan Livesey, head of policy at ShareAction“Ordinary people should be at the heart of a sustainable financial system that serves society. We welcome the recognition that beneficiaries’ interests are not limited to financial returns only. We also welcome the renewed focus on retail investors, which was missing from the interim report.“An accountable and strong Capital Markets Union will only be possible if retail investors can be confident that their money is invested responsibly. We congratulate the HLEG for this inclusion.”– Bethan Livesey, head of policy at ShareAction , a UK-based responsible investment campaign organisationThe capital markets and investment bank view:“The Commission’s final report on sustainable finance is a big step in the right direction. The plans to ease capital charges for banks’ green investments, provided they are commensurate with the risks assumed, can play an important part in the development of a Capital Markets Union.”– Simon Lewis, chief executive at AFME , the association representing Europe’s capital markets and investment banksHowever, the association expressed concern with some specific issues in the expert group’s report. It disagreed with the HLEG’s view that sell-side analysts did not consider ESG criteria.In a statement, AFME said: “Although there is no industry-level best practice on the inclusion of ESG criteria, many firms use their in-house frameworks to integrate such criteria in their research.”The view from the European banking sector:“This is an important moment, also for the banking sector. To properly serve society banks need to be able to act constructively when addressing climate change and the decarbonization of industry. Banks can only do so when there are clear definitions and clear rules that also maintain financial stability. These recommendations are the starting point.”– Wim Mijs, chief executive of the European Banking Federation (EBF)last_img read more

Real Madrid, Barcelona battle Man Utd for £60m-rated Grealish

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first_img Both Spanish giants are tracking the exciting 24-year-old as they identify their top transfer targets for the summer. Barcelona and Real Madrid have joined Manchester United’s hunt for Aston Villa’s attacking midfielder Jack Grealish.Advertisement Loading… Read Also: Pogba tells Man United pals he still wants to leave in summerBirmingham-born Grealish is likely to have his pick over who he wants to join, whether or not he helps Villa avoid relegation this season.If United fail to finish in the top four or win the Europa League, they would have less appeal than their biggest rivals in the battle for his signature.Grealish was even linked with neighbours City early last month.FacebookTwitterWhatsAppEmail分享 center_img Their interest will be a major blow to United, who have made Grealish their No 1 option to become the new playmaker at Old Trafford.Grealish’s sparkling form has convinced a number of Premier League and European clubs he is the real deal.And he has not escaped notice from Spain’s top two clubs.Now Villa are steeling themselves for offers at the end of this campaign. Promoted ContentCouples Who Celebrated Their Union In A Unique, Unforgettable WayA Hurricane Can Be As Powerful As 10 Atomic Bombs6 Ridiculous Health Myths That Are Actually TrueBoys Deserve More Than Action-Hero Role Models10 Disney Characters Who Would Make Great Role Models6 Extreme Facts About Hurricanes7 Black Hole Facts That Will Change Your View Of The Universe7 Ways To Understand Your Girlfriend BetterCan Playing Too Many Video Games Hurt Your Body?Ever Thought Of Sleeping Next To Celebs? This Guy Will Show YouBest & Worst Celebrity Endorsed Games Ever MadeThe Very Last Bitcoin Will Be Mined Around 2140. Read Morelast_img read more