NYSBA sets legislative agenda for 2025 under Domenick Napoletano’s leadership

December 19, 2024 Robert Abruzzese, Courthouse Editor

Domenick Napoletano, president of the New York State Bar Association, a Brooklyn attorney with deep roots in the legal community, is focusing his presidency on expanding access to justice for New Yorkers facing critical challenges, from deportation to custody battles. Brookyln Eagle photo by Robert Abruzzese

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The New York State Bar Association has outlined an ambitious set of legislative priorities for 2025, with a focus on expanding access to legal representation for vulnerable populations, including immigrants facing deportation, families at risk of losing their homes, and parents fighting for custody of their children.

“Navigating parts of our court system without a lawyer is like walking through a labyrinth blindfolded,” NYSBA President Domenick Napoletano said. “New Yorkers involved in a crisis need the guiding hand of a lawyer, and the guarantee of one is the best way to ensure fairness and equal protection under the law.”

Among the top priorities is legislation requiring Child Protective Services to inform parents of their legal rights, akin to a Miranda warning during an arrest. The proposed law would clarify that parents have the right to legal counsel and may deny CPS access to their homes or medical records without a court order.

The NYSBA will also push for increased funding for indigent legal services, higher compensation rates for assigned counsel, and expanded loan forgiveness for attorneys representing underserved communities.

At the federal level, the association wants to secure a legal right to counsel for immigrants during deportation cases, boost funding for the Legal Services Corporation, and make it easier to seal conviction records. Other priorities include expanding voting rights, protecting abortion access, and tightening gun control laws.

These efforts build on previous NYSBA recommendations, such as banning assault weapons and implementing “red flag” laws nationwide. A 2020 task force report highlighted the need for these measures to reduce gun violence.

NYSBA also backs the Medical Aid in Dying bill, which would allow terminally ill patients to take medication to end their lives under strict safeguards. The legislation follows a detailed study by the association’s Task Force on Medical Aid in Dying.

The association also plans to revisit notary reform after Gov. Kathy Hochul vetoed a bill that would have eased record-keeping requirements for attorneys. NYSBA has argued that these rules are unnecessary and drive up costs for everyday New Yorkers.