Columbian Lawyers Association explores mental health challenges in courts

February 12, 2024 Robert Abruzzese, Courthouse Editor

Columbian Lawyers Association President Yolanda Guadagnoli welcomed Hon. Matthew D’Emic, the Kings County Supreme Court administrative judge for criminal matters, for a CLE lecture titled, "The New York State Judicial Task Force on Mental Illness: Elimination of Bias, Inequity and Exclusion in our Courts' Response to Mental Illness.”
Photos: Mario Belluomo/Brooklyn Eagle

Full slideshow below

At a recent meeting of the Columbian Lawyers Association of Brooklyn, Justice Matthew D’Emic, the administrative judge of the Kings County Supreme Court, Criminal Term, addressed the intersection of mental illness and the law.

In his speech titled “The New York State Judicial Task Force on Mental Illness: Elimination of Bias, Inequity and Exclusion in our Courts’ Response to Mental Illness,” delivered at Gargiulo’s Restaurant in Coney Island on Wednesday, Feb. 7, Judge D’Emic outlined the role of the National Judicial Task Force in addressing the challenges posed by mental illness in the criminal justice system.

Justice D’Emic, a respected figure in the legal community and an annual speaker at the association, emphasized the Task Force’s mission to tackle what he described as a crisis contributing significantly to jail and prison populations.

He cited Dr. June Tagney, Ph.D., highlighting the country’s failure to effectively address mental health issues, leading to many individuals with treatable illnesses being caught in the criminal justice system instead of receiving appropriate mental health treatment.

The task force’s recommendations focus on two key areas.

First, the deflection and diversion to treatment, advocating for courts to explore behavioral health deflection and diversion options in their communities to facilitate early treatment access.

Second, the reform of the competency to stand trial system, suggesting that the competency process should be reserved for those charged with serious crimes, with others diverted to treatment. This includes the consideration of competency dockets to enhance access to diversion and outpatient restoration to competency, alongside active case management to prevent individuals from languishing in jail.

Justice D’Emic’s stressed a growing recognition within the legal community of the need for a more nuanced approach to mental illness in the criminal justice system, with the aim to shift the focus from incarceration to treatment and rehabilitation.

Full slideshow below

Adam Kalish (left), president of the Bay Ridge Lawyers Association, and Michael Benjamin at at Mental Health CLE. — Adam Kalish (left), president of the Bay Ridge Lawyers Association, and Michael Benjamin.

Yolanda Guadagnoli, President of the Columbian Lawyers and Brooklyn borough chief at the NYC Law Department at Mental Health CLE. — Yolanda Guadagnoli, President of the Columbian Lawyers and Brooklyn borough chief at the NYC Law Department.

From left: Hon. Mark Partnow, Linda LoCascio and Steven Bamundo at Mental Health CLE. — From left: Hon. Mark Partnow, Linda LoCascio and Steven Bamundo.

From left: Linda LoCascio, Hon. Thomas Aliotta, Christopher Caputo and Hon. Rosemarie Montalbano at Mental Health CLE. — From left: Linda LoCascio, Hon. Thomas Aliotta, Christopher Caputo and Hon. Rosemarie Montalbano.

Hon. Vincent Del Giudice and Hon. Theresa Ciccotto at Mental Health CLE. — Hon. Vincent Del Giudice and Hon. Theresa Ciccotto.

Yolanda Guadagnoli and Hon. Donald Kurtz at Mental Health CLE. — Yolanda Guadagnoli and Hon. Donald Kurtz.

Hon. Danielle Noel and Mark Hanna at Mental Health CLE. — Hon. Danielle Noel and Mark Hanna.

Hon. Jeffrey Sunshine and Hon. Nancy Sunshine at Mental Health CLE. — Hon. Jeffrey Sunshine and Hon. Nancy Sunshine.

Joseph Rosato (left) and Bruno Codispoti at Mental Health CLE. — Joseph Rosato (left) and Bruno Codispoti.

Hon. Joanne Quinones and Brooklyn Bar Association President Joseph Rosato at Mental Health CLE. — Hon. Joanne Quinones and Brooklyn Bar Association President Joseph Rosato.

From left to right: Hon. Loren Baily-Schiffman, Hon. Connie Mallafre Melendez, Hon. Lillian Wan and Hon. Caroline Piela Cohen at Mental Health CL. — From left to right: Hon. Loren Baily-Schiffman, Hon. Connie Mallafre Melendez, Hon. Lillian Wan and Hon. Caroline Piela Cohen.

A Pioneer in Mental Health Courts

Judge D’Emic is recognized as a pioneer in expanding mental health courts across New York State. He was honored with the Vincent E. Doyle Jr. Award by the New York State Bar Association at its annual meeting on Jan. 20.

Alongside the Chemung County district attorney and four other attorneys, Judge D’Emic was celebrated for his two-decade tenure overseeing the mental health court in Kings County, where therapeutic alternatives were explored for defendants to reduce repeat offenses.

New York State Bar Association President Richard Lewis commended Judge D’Emic’s efforts, noting that his work exemplified a successful diversion of defendants from the criminal justice system to treatment, offering countless individuals a chance at rehabilitation.

“By successfully diverting defendants out of the criminal justice system and into treatment, Judge D’Emic provided countless New Yorkers a second chance at life,” said New York State Bar Association President Richard Lewis. “His work at the intersection of mental health and criminal justice is a model for others to follow.”