Criminal Law Library Blog

Prepared by Michael Chernicoff

http://www.abajournal.com/news/article/exclusive_inside_the_new_westlaw_lexis_bloomberg_platforms/#ecamp=t-n322

Despite coming out with new platforms of their own, the perceived‐legal research monopoly of “Wexis” – WestLaw and LexisNexis – is facing pressure from a newly rejuvenated Bloomberg platform. Benefits of the updated Westlaw platform includes the use of a powerful natural language search in the newly‐named WestlawNext, and in the case of Lexis Nexis an intuitive display of results in their product, NewLexis.

The potential release of BloombergLaw marks the company’s expansion of their research product onto personal computers. Historically, the Bloomberg legal research product, B‐Law, was restricted to the Bloomberg Terminal. Currently still running in the Beta version in universities and select New York City law firms, advantages of BloombergLaw include its dockets search and collaboration features, citation analysis, and strength‐of‐authority indicators.

Some expect law firms to see the benefit, with increased competition expected to bring down prices for online legal services.

Point of disclosure. The New York Supreme Court Criminal Term Library has participated as one of the pilot test sites for the Beta version of BloombergLaw.

We are not court reporters and normally do not become involved in discussions related to that field. Nevertheless we recently came accross an interesting exchange of e-mails which helps to identify and highlight the challenges and sometimes emotial reactions regarding how stenographic reporting and electronic recording relate to one another within the court reporting process.

The first e-mail, which we refer to as a comment, presented here in exerpted form, raises concerns about the impact of increased digitization of the process and a percieved lack of planning and resources to deal with these impacts.

The second e-mail is a response to the first. It defends some of the issues criticized in the first e-mail and presents an altervative perspective regarding the roles of stenographic reporting and electronic recording in the court reporting process.

Because of the nature of the exchange and the need to respect privacy we have deleted all identification information regarding either party

COMMENT (EXCERPT) :

:The reports prepared by NACM or reports by other groups sponsored by the National Center for State Courts should be prepared with the help of fine court staff who have spent years and dedicated their careers to expertly recording and preparing court transcripts.

As they say in the appellate courts, there is court reporter dissent with the recommendations of the National Association of Court Management and the recommendations of the Conference of State Court Administrators.

All court reporters who have ever worked in a courtroom and recorded court proceedings will strongly disagree with above mentioned findings and recommendations by NACM and the Conference of State Court Administrators.

Professional court reporters of all types have high standards, and it is not high standards to have the proceedings of several courtrooms monitored from a remote location.

Professional court reporters have high standards and would would never recommend wrapping court reporter notes in rubber bands and storing those notes in metal filing cabinets and then having to later empty those cabinets and file the records in cardboard boxes for permanent storage.

I believe it is the duty and responsibility of those who are skilled in court reporting to challenge reports put out by NACM and the Conference of State Court Administrators when skilled court reporters believe the recommendations made by NACM and the Conference of State Court Administrators are not in the best interests of the court systems or the best interests of the taxpayers when expensive unneeded metal filing cabinets are recommended for the storage of court reporter records.

Court reporters should speak up when the court administrators recommendations give bad advice.

RESPONSE:

Lets try to remove the hysterics from this issue, ... It is not an either/or choice of stenographic reporting or electronic recording. With the exception of Kentucky, every state I am aware of that has grappled with this has ended up with a blended solution of both methods of capturing the verbatim record. As the NACM Miniguide on this subject points out, court managers should go over several considerations to determine the best method to suit the circumstances depending upon such things as case type, likelihood of the need for a transcript and available resources.

As to the other matters you raise, in order to be effective, electronic recording equipment should be monitored by qualified internal or contract staff. The Florida courts have recommended a formula for how many courtrooms a monitor could handle simultaneously, again depending upon several factors. Their report has loads of helpful information about the effective use of electronic recording, and can be found at http://www.flcourts.org/gen_public/court-services/bin/TCPACtReportingFinalReport.pdf

Finally, stenographic notes should be stored electronically, not in paper form. Who cares about the shelf life of rubber bands or whether notes should be stacked vertically or in hermetically sealed boxes?

Stenographic reporting is an honorable profession and there is a rightful place in the making of the court record for steno, especially if the reporter offers realtime and the host of technology advances that come with computer aided transcription. This combination is the platinum standard, but courts do not always need a Cadillac solution especially in these tough budgetary times.

I would much prefer that court reporters bring their expertise about the record to the table to help court management make informed decisions that benefit the system as a whole. Inflammatory rhetoric such as yours only harms this cause, in my view.

As almost everyone knows, the 2011 U.S. Budget was submitted on February 1. Since this is such a huge budget, in terms of both bulk and scope, we have decided to limit this posting largely to links to some " Budget Fact Sheets" prepared by the Office of Management and Budget. Each separately linked fact sheet focuses on a particular priority or group of priorities related to this budget request, thus enabling you to quickly "pick and choose" those areas that interest and concern you without devoting considerable time to other parts of the budget. If you wish to examine this budget request in greater detail, go to the GPO Access link at the end of this posting.

Here are links to the Budget Fact Sheets::

Keeping America Safe and Secure

Clean Energy

Suppoting World Class Education for Children

Create Industries and Jobs

Secure and Affordable Health Care

Supporting America's Military Families

Supporting America's Middle Class Families

Supporting Our Nation's Seniors

Opening Doors for College and Opportunity

Those who are interested in more extensive regarding Budget for the U.S. Governmenrt for fy 11 can go to the GPO Access site at http://www.gpoaccess.gov/usbudget/index.html and follow the various links at that location,

Volume3 Number 1 January 2010

From the Desk of David Badertscher

As we begin the new year, it’s an opportune time to assess the cyber security landscape and prepare for what new challenges may lie ahead, as well as what current threats may continue.

What Are the Cyber Trends for 2010?

· Malware, worms, and Trojan horses: These will continue to spread by email, instant messaging, malicious websites, and infected non-malicious websites. Some websites will automatically download the malware without the user’s knowledge or intervention. This is known as a “drive-by download.” Other methods will require the users to click on a link or button.

· Botnets and zombies: These threats will continue to proliferate as the attack techniques evolve and become available to a broader audience, with less technical knowledge required to launch successful attacks. Botnets designed to steal data are improving their encryption capabilities and thus becoming more difficult to detect.

· Scareware – fake/rogue security software: There are millions of different versions of malware, with hundreds more being created and used every day. This type of scam can be particularly profitable for cyber criminals -- as many users believe the pop-up warnings telling them their system is infected and are lured into downloading and paying for the special software to “protect” their system.

· Attacks on client-side software - With users keeping their operating systems patched, client-side software vulnerabilities are now an increasingly popular means of attacking systems. Client-side software includes things like Internet browsers, media players, PDF readers, etc. This software will continue to have vulnerabilities and subsequently be targeted by various malwares.

· Ransom attacks occur when a user or company is hit by malware that encrypts their hard drives or they are hit with a Distributed Denial of Service Attack (DDOS) attack. The cyber criminals then notify the user or company that if they pay a small fee, the DDOS attack will stop or the hard drive will be unencrypted. This type of attack has existed for a number of years and is now it is gaining in popularity.

· Social Network Attacks: Social network attacks will be one of the major sources of attacks in 2010 because of the volume of users and the amount of personal information that is posted. Users’ inherent trust in their online friends is what makes these networks a prime target. For example, users may be prompted to follow a link on someone's page, which could bring users to a malicious website.

· Cloud Computing: Cloud computing is a growing trend due to its considerable cost savings opportunities for organizations. Cloud computing refers to a type of computing that relies on sharing computing resources rather than maintaining and supporting local servers. The growing use of cloud computing will make it a prime target for attack.

· Web Applications: There continues to be a large number of websites and online applications developed with inadequate security controls. These security gaps can lead to the compromise of the site and potentially to the site’s visitors.

· Budget cuts will be a problem for security personnel and a boon to cyber criminals. With less money to update software, hire personnel and implement security controls enterprises will be trying to do more with less. By not having up-to-date software, appropriate security controls or enough personnel to secure and monitor the networks, organizations will be more vulnerable.

What Can I Do?

The following are helpful tips to assist in minimizing risk:

· Properly configure and patch operating systems, browsers, and other software programs.

· Use and regularly update firewalls, anti-virus, and anti-spyware programs.

· Be cautious about all communications; think before you click. Use common sense when communicating with users you DO and DO NOT know.

· Do not open email or related attachments from un-trusted sources.

Additional Information:

IBM’s Top Security Trends for 2010: http://www.internetnews.com/security/article.php/3849636/

Symantec’s 'Unlucky 13' Security Trends for 2010:
http://www.internetnews.com/security/article.php/3849371

SANS Top Cyber Security Risks: http://www.sans.org/top-cyber-security-risks/

Bankinfosecurity.com article: http://www.bankinfosecurity.com/articles.php?art_id=1926

PC World: http://www.pcworld.com/article/182889/new_banking_trojan_horses_gain_polish.html

Panda Labs 2009 Annual Malware Report:
http://www.pandasecurity.com/img/enc/Annual_Report_Pandalabs_2009.pdf

The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/

OTHER NEWS AND VIEWS:

DARPA: Calling All Cyber Geneticists
Technology sought would develop cyber equivalent of DNA to identify cyberattackers

By Ben Bain
Jan 29, 2010
Federal Computer Week
"The Defense Advanced Research Projects Agency is looking for technologists who can think like scientists to develop and use the cyber equivalent of fingerprints or DNA to pinpoint the origins of a cyberattack...."
____________________

False sense of cybersecurity
Paul Bell
GCN Government Computer News
January 13, 2010.
Newly appointed National Cybersecurity Coordinator Howard Schmidt has a big job ahead of him. Getting individuals, businesses and government to take greater responsibility is one of three places he should start

Although addressed primarily to Internet Society members, the following message contains information which should be of interest to librarians, lawyers and other important stakeholders in the internet community who need to follow ongoing developments.

Dear Members, Friends, and Colleagues,

The end of 2009 is here - and what a year it has been. The Internet
Society continued to prosper in 2009, the results of our work reaching
wider and deeper than ever before. So it is a pleasure to extend my
sincere gratitude to all of you whose combined efforts, energy, and
dedication have made this such a great year.

We often use the term "Internet community" and, looking back at the
achievements of this year, it is clear that these are truly the result
of a strong, committed community pulling together around shared values
and principles.

It is impossible to list here all of the Internet Society's
achievements from such a busy and productive year, but I would like to
single out a few highlights.

Within the Enabling Access Initiative, we worked closely with Chapters
and other local and regional partners to significantly extend our
technical and policy capacity building programmes, especially in
Africa, Latin America, and the Caribbean. These efforts were aided
through a revitalized INET programme with specialized content
developed in partnership with local communities, and which reached out
successfully to hundreds of participants in each location. This work
advanced our profile and strengthened our message in many high-level
forums, such as the OECD, the World Bank, and the ITU. Access
continues to be one of the major themes in many of the Chapter and
other member projects supported by our grants programmes.

In our InterNetWorks Initiative, a number of new efforts contributed
to helping to advance the health of the Internet. ISOC continues to
project a strong voice for IPv6 deployment, so it has been pleasing to
see in 2009 that IPv6 is gathering momentum around the world. In an
exciting new development this year, ISOC launched a series of topical,
lively panel discussions during IETF meetings. The first on IPv6
deployment attracted much international attention. Together with the
subsequent panels on DNS security and bandwidth management issues,
these events have set the scene for what will be an important ongoing
activity, helping to advance the health of the Internet and promoting
the role of the IETF.

ISOC's Trust and Identity Initiative benefited from two important new
staff additions in 2009, increasing our involvement in many important
new initiatives and partnerships in both the Trust and Identity
spaces. One of the most significant is the Kantara Initiative
(formerly the Liberty Alliance), in which ISOC has developed a strong
voice and leadership role.

Throughout all of our work in 2009, we strived to promote better
understanding of the nature and importance of the Internet Model of
development and the relationships of the many organizations and
functions making up the Internet Ecosystem. These efforts have clearly
paid off and we were very pleased to see many of our messages
reflected in the words and actions of many others in regional,
national, and global discussions. In 2009, ISOC's key messages were
more frequently cited in media reports and reflected in statements by
policy makers around the world than ever before.

Additions to ISOC's staff in 2009 helped us make big strides in
producing better publications and communications resources, delivering
important information and services in more languages, and providing
much greater support for events where Chapters, Individual and
Organization Members, and others come together in support of our
common mission. The successful Sphere project continues to be an
excellent process for enabling the full potential of the Chapter
network. And we were very pleased to recently launch the first phase
of our new Association Management System as a much improved tool for
Chapter and member interaction.

This year was one of ISOC's most significant ever in terms of global
engagement. With highly visible roles in the EU, ITU, OECD, IGF, and
many other major policy and technical forums, it is clear that ISOC's
reputation as a trusted and authoritative voice on critical Internet
issues continues to grow stronger. We again were honoured to
coordinate the participation of other organizations, especially in the
Internet Technical Advisory Committee to the OECD and the Internet
Pavilion at the ITU's Telecom World 2009. At the latter event, ISOC
announced the Next Generation Leaders programme, a new activity
starting in 2010 to build on our past successes such as the Network
Training Workshops (NTW's), as well as our current work in Fellowships
to the IETF, and Ambassadorships to the IGF and other forums, adding
coursework and mentoring to help accelerate the careers of the young
practitioners who will lead the Internet into its next generation.

Finally, the Internet Society is finishing the year on a high note,
having just announced our support for the World Wide Web Consortium
(W3C), to help it evolve as a more agile, inclusive, and flexible
organization, as it creates and promotes open standards.

There is so much more I could mention here - it really has been an
extraordinary year. As 2009 draws to a close, it is important to
recognize and thank all those who contributed to such a successful
year. So, thank you to all the Individual and Organization Members,
the Chapters, and all our other supporters and partners for their
efforts and support as we worked together in pursuit of our common
goals. Thank you to our friends in the Internet Engineering Task Force
(IETF) and the Internet Architecture Board (IAB) without whose values
and work, the Internet, as we know it, would not exist. And, of
course, thank you to the ISOC staff, the ISOC Board of Trustees, the
Organization Member Advisory Council and the Public Interest Registry
(PIR), for their efforts and support. To all of you, your support is
vital to helping the Internet improve the lives of people everywhere.

Finally, I'd like to extend my very best wishes to you and your
families during the holiday season, as we couldn't do what we do
without their support. I look forward to working together with all of
you for a prosperous and successful 2010.

Warmest regards,

Lynn

Lynn St.Amour
President & CEO, Internet Society

Robert C. Richard, Editor in Chief of Vox PopoLII reports thatSarah Rhodes has just published a terrific new overview of digital legal preservation, entitled "Preserving Born-Digital Legal Materials…Where to Start?" on Cornell's VoxPopuLII blog. The post addresses core concerns, as well as emerging issues, and provides a thorough and accessible view of the field. He thinks it will prove a very rewarding resource for novices and experienced preservation professionals alike.

For Week Ending January 22, 2010

Law Students
Deluged with Clerkship Apps, Some Federal Judges Don't Look at All of Them
Jan 19, 2010, 03:51 pm CST

Law Firms
Six Law Firms Make Fortune's List of Top 100 Places to Work
Jan 21, 2010, 08:29 am CST

Careers
90-Year-Old Retiring Manhattan DA Heads to Wachtell
Jan 20, 2010, 09:38 am CST

Legal Ethics
Lawyer Who Inflated Grades Gets Recommended 18-Month Suspension
Jan 19, 2010, 07:51 am CST

U.S. Supreme Court
5-4 Citizens United Ruling 'a Revolution in Campaign Finance Law'
Jan 21, 2010, 09:00 am CST

Careers
Depression Is Rising as Lawyers Lose Jobs and Sense of Entitlement
Jan 19, 2010, 07:04 am CST

Legal Marketing & Consulting
Ads by Personal Injury Law Firm Poke Fun at Faked Injuries
Jan 20, 2010, 08:18 am CST

Constitutional Law
Liberal Law Prof Thrills Conservatives with Claim of Class Action 'Pathologies'
Jan 20, 2010, 06:06 pm CST

Legal Ethics
Senior Judge Is Charged with Choking Wife in Domestic Dispute
Jan 19, 2010, 02:27 pm CST

White-Collar Crime
Prominent Lawyers Charged with Failing to File Personal Income Tax Returns
Jan 20, 2010, 01:56 pm CST

Top Ten Stories for Week Ending January 15, 2010

Careers
DLA ‘Working Lawyer’ Explains Why He and 8 Others Moved to Jackson Lewis
Jan 14, 2010, 09:39 am CST

Legal Ethics
Unhappy Secretary’s Report Spurs Ethics Trouble for NJ Litigator
Jan 13, 2010, 11:42 am CST

Business of Law
Jones Day Practice Head Joins Winston; Other Lawyers Likely to Follow
Jan 13, 2010, 04:13 pm CST

Legal Ethics
Posner Blasts ‘Out of Control’ Class-Action Lawyer in Fee Fight
Jan 14, 2010, 08:20 am CST

Law Practice Management
New Milbank Partner Quits After Former Firm Alleges ‘Personal Misconduct’Jan 11, 2010, 03:04 pm CST

Elder Law
‘Invisible’ Woman, 78, Jailed 2 Weeks By ‘System of So-Called Justice’Jan 12, 2010, 04:34 pm CST

U.S. Supreme Court
Supreme Court Word of the Day: Orthogonal
Jan 12, 2010, 08:28 am CST

Natural Disasters
ABA Prez Calls for Haiti Donations After ‘Heartbreaking’ Quake; BigLaw Gives Big MoneyJan 14, 2010, 02:24 pm CST

Terrorism
Jon Stewart: Terrorists May Talk if Forced to Watch His Yoo Interview
Jan 12, 2010, 06:43 am CST

Careers
Boat Commute & Luck Led to Lawyer’s 2nd Gig as Author of Legal Thrillers

Yesterday January 19, 2010 New York State Governor David Paterson proposed a 2010-11 Executive Budget that according to a Press Release from the Governor's Office "makes significant spending reductions in order to eliminate a $7.4 billion deficit and institutes key reforms to put New York on the road to economic and fiscal recovery. The Executive Budget proposal includes spending reductions across every area of the budget; limits State spending to far below both the Governor's proposed spending cap and the rate of inflation; implements the most significant public higher education reforms in a generation; and provides fiscal relief to local governments through an aggressive mandate reform agenda."

Below are links to some of the documents related to that proposal. Some of these documents are related primarily to the proposed State of New York Executive Budget as a whole while others include various agency presnetations, A link to State of New York Chief Judge Jonathan Lippman's commentary on the Governors observations regarding the judiciary part of the budget proposal is also included.

Link to Press Release , video presentation and various other documents related to Governors budget Address on January 19:

http://www.state.ny.us/governor/press/2010budgetaddress.html .

2010-2011 Governors Budget Proposal - Agency Presentations
http://publications.budget.state.ny.us/eBudget1011/agencyPresentations/pdf/AgencyPresentations.pdf

New York State Chief Judge Jonathan Lippman's Statemeont on Proposed 2010-11 Judiciary Budget
http://www.nycourts.gov/press/pr2010_01.shtml

In his posting on the Blog Critics Culture Blog, William Lambers explains that bloggers can help Haiti by taking action through spreading the work about the suffering in that country and by showing how others can help. Although Lambers is referring in his post primarily to the World Food Programme, his words aply to blogging assistance in promoting other programs as well.

You may also be interested in the video from the New York State Comptroller regarding Haiti at http://www.osc.state.ny.us/video/haitian_relief.wmv

U.S. White House: Haiti Earthquake Relief

David Badertscher*

A giant of New York politics and law enforcement recently retired from public office– Robert Morgenthau. Scion to a powerful family, Robert Morgenthau’s grandfather served as United States Ambassador to the Ottoman Empire, and his father was Secretary of the Treasury under Franklin Delano Roosevelt. While his famous name and lineage may have helped to open doors, Robert Morgenthau was determined to find a profession where he could navigate his own path in life.

After honorable combat service in the navy during World War 2, where his ship was torpedoed, Robert Morgenthau proceeded to law school and rose to partner in a major law firm. However, Robert Morgenthau largely dedicated his professional career, and indeed his life, to public service. He served as United States Attorney for the Southern District of New York for an eight year period from 1961 -1969. But he will surely best be remembered for his longstanding and legendary tenure as New York County District Attorney that spanned a thirty-five year period from 1974 - 2009. In this latter capacity, he resuscitated the office which was ravaged by budget problems and made it, what many law enforcement officials consider, the finest district attorney’s office in the nation and possibly the best overall law enforcement office in the nation.

Robert Morgenthau certainly accomplished much in his professional life. Many noteworthy prosecutions and convictions were won by his office, and staff members consisted of many notable figures ranging from John F. Kennedy, Jr to Linda Fairstein to Eliot Spitzer to Andrew Cuomo. Indeed, many rose to higher positions in government and the private sector. Most people would consider it amazing to continue effectively working until the age of ninety as Robert Morgenthau did. Nonetheless it is even more amazing that Robert Morgenthau does not plan to retire but intends to open an office to remain active in retirement. This is truly a model we should all hope to be able to emulate.

Those interested in learning more about his life and accomplishments can find much information on the web and elsewhere. One of possible statring point for an overview is: Real Life "Law and Order" DA Robert Morgenthau Retirees at 90.

On a personal note, I did not know Robert Morgenthau well. However, many years ago, Justice Murphy, then Presiding Justice of the New York Appellate Division, First Department, introduced us at a social function, and we chatted briefly. Working in the same building where the New York Supreme Court (Criminal Term), New York County Criminal Court, and New York County District Attorney Office share space at 100 Centre Street, I would occasionally see Robert Morgenthau on an elevator. He always made time to say hello, trade small talk, and ask how business was even though he was involved in steering a large office with many high level prosecutions and complex organizational issues. This repeated kindness over the years to an acquaintance met in passing demonstrates another dimension of Robert Morgenthau that is not well known by the public. However, I saw it many times over the years we worked in the same building. No longer will we sometimes share the same elevator. The torch has been passed to a new district attorney: Cyrus Vance. Yet, I certainly wish Mr. Morgenthau all the best in his future endeavors and, indeed, his working retirement.
______________________________
* Principal Law Librarian, New York Supreme Court Criminal Term Library, New York County. He would also like to thank Theodore Pollack, Senior Law Librarian, New York County Public Access Law Library for his assistance.

Since first hearing about the planned closure of of six of the fifteen courthouse libraries in Connecticut I have contacted I have heard from a number of people (both librarians and non-librarians) from throughout that state. By all accounts the announced closures will prevent attorneys, judges and members of the public from accessing the up-to-date legal materials they need. They will especially hurt disadvantaged citizens and pro se litigants, who are especially vulnerable and may be unable to access official legal resources and will be required to struggle to travel to far-away courthouses. While the dire budgetary circumstances are the state currently faces are understandable, it is essential that Connecticut’s public law libraries and courthouses remain open. They are irreplaceable.

To help spread the word, the American Association of Law Libraries (AALL) has been working closely with the Southern New England Librarians Association (SNELLA) to oppose the announced closures . Kate Hagan the AALL Executive Director has distibuted an e-mail (see below) which details that effort. It includes some useful links for those who want to become active in saving Connecticut court libraries.

People are also urged to search the directory of state legislators and government employees at the of Connecticut Website for other contacts that could be helpful in this effort. This web site includes a directory of state employees, a directory of state legislators, and a directory of federal legislators serving Connecticut, all with links for e-mail contact information.

Additionally I have included a link at the end of this post to enable you to download the November 18, 2009 written testimony of Judge Barbara Quinn, Chief Court Administrator at an Appropriations Committee public hearing on Deficiencies. In this statement she includes a section on "Closing law libraries".

Please help spread the word about the importance of saving Connecticut courthouse libraries.

David Badertscher

AALL has been working closely with the Southern New England Law Librarians Association (SNELLA), to oppose the announced closure of six of the 15 courthouse libraries in Connecticut. They are jointly sponsoring online petitions to save the courthouse libraries in Bridgeport, Hartford, Litchfield, Milford, and Norwich. The sixth library, at the Willimantic Courthouse, is not staffed and its small collection will likely be moved to the local public university. Each petition includes a compelling statement by a leader of the local bar association, whose members stand ready to join forces with us. Attorneys and pro se litigants will be deprived of local access to current and historic legal materials, as well as the knowledge and expertise of professional librarians, if we do not stop these proposed closures.

The petitions are open to all residents of Connecticut, so please help spread the word so that our efforts are successful in quickly getting as many signatures as possible to keep these public law libraries open and staffed.

In addition to the petitions, on December 23, AALL and SNELLA sent joint letters to Connecticut's Governor Rell and to the leadership of the Appropriations Committee strongly opposing the decision, which was announced by Judge Barbara M. Quinn, chief court administrator. The closures became necessary, according to Quinn, after the executive branch cut $12.9 million from the budget for the judicial branch.

Kate Hagan
Executive Director
American Association of Law Libraries
Suite 3300

105 W. Adams Street
Chicago, IL 60603

Written Testimony of Judge Barbara M. Quinn, Chief Administrative Judge of Connecticut to the Appropriations Committee Public Hearing on Deficiencies, November 18, 2009

What recourse does a criminal defense defense attorney have if he or she learns a client has committed a crime ascribed to someone else? On the one hand, as Ken Strutin writes in his article "Wrongful Convictions and Attorney-Client Confidentiality" published at LLRX.COM, "When an innocent person faces conviction, imprisonment, and in some cases death, an attorney mindful of the injustice occuring to a third party is still bound by the rules of confidentialtiy to honor their commitment to their client" But as Mr. Strutin also points out, ABA MRPC Rule 1.6 Confidentiality of Information creates an exception to confidentiality and this exception in turn creates what can become a very difficult ethical quandry for the attorney.

In addition to identifying the relevant issues, the primary focus of his article is to search for ways to resolve this dilemma by examininig both resources about several notable cases and approaches to possible resolution discussed in the scholarly literature .

Top Ten Stories for Week Ending January 8, 2010.

Layoffs
BigLaw Laid Off More than 12,000 People in 2009, the Worst Year Ever
Jan 4, 2010, 06:55 am CST

Law Students
Almost 1/3 of Law Students Expect to Graduate with $120K Debt
Jan 6, 2010, 08:23 am CST

Law Practice Management
Two Chief Justices Have One Word of Advice for Solos: Unbundling
Jan 4, 2010, 10:56 am CST

Careers
ABA Prez Laments Young Lawyers 'Squashed by Debt,' Presses Deferment Idea
Jan 4, 2010, 07:33 am CST

Law Practice Management
Law School Rank and Class Year Take Back Seat to Practical Skills in 2010
Jan 7, 2010, 10:01 am CST

Business of Law
BigLaw Partners May Be Worth Top Pay, But What About Associates?
Jan 5, 2010, 05:55 pm CST

Consumer Law
Angry About 27.99% Credit Card Rate, Lawyer Refuses to Pay, Threatens Suit
Jan 6, 2010, 11:44 am CST

Criminal Justice
Las Vegas Courthouse Shooter Had Served Time for Killing His Brother
Jan 6, 2010, 07:14 am CST

Business of Law
Growing Midsize Firm Pays Big Bucks, Targets 'Core Industries'
Jan 7, 2010, 12:00 am CST

U.S. Supreme Court
Scalia Worried About Supreme Court Filled with Experienced Judges
Jan 5, 2010, 07:08 am CST

Top Ten Stories for Week Ending December 23, 2009

Lawyer Pay
First-Year Associates Bear the Brunt of Lower Bonuses; Some See Cuts of 71%
Dec 21, 2009, 08:09 am CST

Labor & Employment Law
Ex-Fried Frank Associate Says Female Partner Harassed Her
Dec 21, 2009, 07:00 pm CST

Careers
Legal Recruiter's Job Secret: Fitting In Helps You Get and Keep a Job
Dec 21, 2009, 06:50 am CST

Legal Ethics
A Judge's Advice to New Lawyers: Don't Be a Jerk
Dec 22, 2009, 09:49 am CST

Judiciary
Hundreds of Lawyers Rally to Protest Ariz. Sheriff's Battle Against Judiciary
Dec 22, 2009, 07:51 am CST

Constitutional Law
Convicted for Being Naked in Own Home, Man Complains of 'Living in a Fishbowl'
Dec 18, 2009, 07:21 pm CST

Entertainment & Sports Law
Story of Tiger Woods' Parking Lot Liaison Reportedly Killed with Law Firm's Help
Dec 18, 2009, 01:55 pm CST

Plus:

Setting Stage for 'Lawyer's Dream' Divorce, Tiger Woods' Wife Retains Attorney Sorrell Trope
Tort Law
Hedge Fund Sues Dechert, Claims $125M Loss in Dreier Ponzi Scheme
Dec 21, 2009, 07:36 pm CST

Law Professors
Law Prof Writes 'Explosive' New Book on Whitewater, Lewinsky Probes
Dec 21, 2009, 10:36 am CST

Legal Ethics
Judge Gets 30 Days for 'Stupidity' of Seeking Relationship with Defendant
Dec 21, 2009, 04:58 pm CST

:

Top Ten Stories for Week Ending December 18, 2009:

Trademark Law
The North Face Sues The South Butt for Trademark Infringement
Dec 15, 2009, 06:46 am CST

Careers
Cravath's $80K Deferral Offer Not Enticing Enough for Some Yale Law Grads
Dec 15, 2009, 07:40 am CST

Judiciary
Judge Orders Lawyers to Stop Using Capitalization 'With Abandon'
Dec 14, 2009, 09:31 am CST

Law in Popular Culture
Unable to Find Legal Job, Blogger Posts Bah Humbug Tale on YouTube
Dec 14, 2009, 01:43 pm CST

Criminal Justice
Police Theorize Howrey Associate Was Willing Participant in Murder-Suicide
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David Badertscher

Although not primarily a reviewer of legal materials, Kirkus Reviews is one of the most outstanding and respected review magazines devoted to book media. It was founded in 1933 by Virginia Kirkus (1893-1981) a former head of the children's book department of Harper & Bros. with the idea of holding book reviewing to a very high standard, being selective in both the books reviewed and the people assgned to review them. The first year they received about 20 advance galley proofs.

By all accounts Kirus has managed to maintain these high standards throughout the years, becomeing one of the true standard bearers for the authoritative reviewing of all types of titles including those related to law. According to their website, Kirkus currently reviews about 5,000 titles per year "with the idea of of providing Kirkus regulars (librarians, newspaper editors, agents, film producers, booksellers, and those throughout the book world in general) with professional, informative, and impartial descriptive evaluations of forthcoming titles, and to do so on a timely basis."

This is a tall order whch even under the best conditions would be difficult to duplicate under present conditions. It was therefore distressing to hear last month that Kirkus Reviews would be shut down and cease publication..

Hopefully miracles do happen because I was informed today that a business deal is currently being worked out with a new buyer and that Kirkus will not suspend publication as announced earlier. This is great news for all who love and respect books. The world will remin a much better place if Kirkus and other organizations like it can be resurrected and continue setting high standards for all of us.

BY: David Badertscher*

I have been following with great interest recent discussion on listservs and in the literature regarding a perception that libraries are becoming less relevant in a technologically-oriented society that relies increasingly on “instant gratification”(achieved largely through online searching and related techniques).

Technology is wonderful, and I think should it should be embraced, but not at the expense of alternative tools and methods that produce better results and may be more cost effective. If they are to accomplish their mission and remain relevant over time to their parent organizations, libraries must always be prepared to use a variety or mixture of techniques and materials, both technical and non-technical, to achieve results that are accurate, timely, efficient, cost effective, and deemed by patrons and managers to be trustworthy. The alternative is to increase the risk of libraries being perceived as no longer capable of meeting growing expectations and thereby becoming possible candidates for eventual closure.

How can libraries hope to escape this dilemma and continue to thrive in the highly competitive and dynamic environment where we live and work?

The discussions mentioned earlier include many excellent observations and recommendations which I think should be adopted. I agree that law libraries (and perhaps all libraries) need ready access to the services of a public relations department with the capability of responding quickly and professionally to articles denigrating libraries**. Discussions regarding these matters should be extended outside the library to include a broader population served by libraries, and more should be done by way of educating people “who work with librarians as to the value added elements a well-trained library staff adds to”*** the utility of both the library and its parent organization.

These and other excellent recommendations and suggestions being discussed are both necessary and useful, but are not by themselves sufficient to address the overall dilemma mentioned above. They need to be presented within a broader context which includes both core competencies of librarians such as the ones currently being revised by the American Association of Law Libraries for law librarians and a separate list of characteristics essential for libraries and library systems to maintain their relevance and effectiveness over the long term. If properly constructed, such a list should go far in helping libraries and library systems to be perceived as being essential components of our society due to their leadership role in both identifying and responding to information needs in a thoroughly professional manner. While much work continues to be done regarding the competencies of librarians, it appears that insufficient attention is being devoted to the complementary but distinct effort in identifying those overall characteristics or attributes of libraries, library personnel, and library systems essential for their assuming and maintaining a leading role in our increasingly dynamic and competitive world. Although other work has probably already been done in this area, I am not aware of it.

The following is my effort to compile such a list based on my own observations and conversations with colleagues. Hopefully it will stimulate both thought and further action. With that in mind the list of characteristics can be used as a point of departure for further development. A second equally important objective is to convey to the reader reviewing the list a sense of the vital, irreplaceable role libraries and librarians can play in meeting the information requirements of an increasingly dynamic and competitive environment. Thirdly, I would hope to convey my basic optimism regarding the future of libraries and library systems, provided that measures such as those discussed above are implemented and maintained consistently over time.

Some of the characteristics listed below apply primarily to librarians as a group. Others also include additional components of libraries such as the physical space, records, etc. Characteristics listed are assumed to incorporate a willingness to take actions and assume appropriate risks associated with those actions in the areas concerned. While all of the characteristics are considered important (even essential) to the relevance of libraries and library systems over the long term, some will be perceived as being more significant than others in particular situations and circumstances. Therefore, since the focus of this article is long term, no attempt is made in the following list to rank characteristics in terms of relative importance or significance. In my view they all play vital roles in the long term relevance and ultimate success of libraries. In addition to the characteristics (upper case and bold type) the following list includes some definitions and other illustrative material. Since the illustrative material is not intended to be all inclusive I have added the notation “Other, as appropriate” at the end of each grouping to underscore that fact.

The List:

ACCESSIBILITY
Ability, right, or permission to approach, enter, speak with, or use; obtainable; approachability.
Accessibility of library directors, managers, department heads, and others as appropriate to decision makers and to meetings and other forums where policies and procedures related to libraries and library systems are being discussed and deliberated.
Accessibility of library collections in all formats, including digital, to library users.
Other, as appropriate

ANALYTICAL:
Skill, aptitude, and motivation in the identification and detailed examination of components of systems, procedures, documents, organizations, or other entities and to infer meaning and communicate conclusions based on such examination..
Reports.
Studies
Evaluations (including evaluations of library collections)
Compilations (including bibliographies, development and continuing maintenance of library catalogues, indices)
Financial evaluation and analysis (includes financial planning - budgets)
Analysis related to strategic planning
Systems Analysis related to library applications and services
Other, as appropriate.

CREATIVITY::
The ability to transcend traditional ideas, techniques, rules, approaches
Originality
Develop new, improved approaches to resolving challenges
Exploration of new and emerging developments as to their possible application to library applications and services.
Other, as appropriate

CURIOSITY::
Desire, and drive, to learn and understand
Inquisitiveness
Urge and motivation to become more aware of ways to adapt libraries and librarianship to competitive, dynamic environments
Other, as appropriate

EMPATHY:
Ability to vicariously experience experiences, feelings, thoughts, attitudes of others
Sharing
Collaboration
Outreach
Caring about and relating to other people
Other, as appropriate

FLEXIBILITY:
Willing to adapt and adjust
Accepts and is reasonably comfortable with change
Willing to yield when appropriate
An important attribute in a rapidly changing library environment
Other, as appropriate.

LEADERSHIP:
Ability to make things happen
Provide direction
Take initiative and assume risk
Strategic planning
Ability to ensure that quality of organization and service are maintained at a high level
Ability to persuade and articulate at a high level
Take lead in encouraging coordination, collaboration, and sharing as considered appropriate
Take lead in introducing new technologies as appropriate
Ability to say “no” when situation warrants
Other, as appropriate

PERSEVERANCE:
Ability to stay the course and be steadfast in working toward objectives of the library, especially in difficult, challenging situations
Other, as appropriate

STABILITY:
Includes all areas related to maintaining the integrirty of library records, including bibliographic records as well as financial and business records associated with the library
Cataloging, indexing, issues related to authentication of digital records and materials over time Preservation of materials and records over time
Maintain consistent and steady relationships with parent and other organizations as needed Maintain stable physical environment in library or library system
Other, as appropriate

RESOURCEFULNESS:
Ability to deal skillfully with new or difficult situations
Ability to adapt quickly
Skillful in finding ways of doing more with less as situation warrants
Other, as appropriate

Comments are welcome.
_____________________________
*Although David Badertscher is the Principal Law Librarian of the New York State Supreme Court Criminal Term, First Judicial District, the opinions, conclusions, and observations expressed in the above article are entirely his own and should not in any way be attributed to that organization, the State of New York Unified Court System, or any other organization or group with which he has been associated, past or present. He also wishes to thank Theodore Pollack, Senior Law Librarian at the New York County Public Access Law Library for his assistance in editing the final version of this paper.

**E-mail from Mary Matuszak, Director of Library Services, New York County District Attorney's Office, December 18, 2009.

***E-mail from Joni L. Cassidy, President and Technical Services Librarian, Cassidy Cataloguing Services Inc., December 17, 2009/

In the e-mail below Camilla Tubbs, Chair of the American Association of Law Libraries (AALL) Government Relations Committee provides useful information regarding efforts by the Obama admiinistration to create greater transparency and openness in and among federal departments and agencies. She is also asking what types of information people want to see on federal agency web sites? These are important questions that merit serious consideration. Although this e-mail was originally directed to a group of law librarians everyone should be concerned about these issues. Comments from both librarians and non librarians are welcome. We will be glad to forward comments on to Camilla upon request.

E-mail from Camilla Tubbs:

In his Memorandum on Transparency and Open
Government http://www.whitehouse.gov/the_press_office/Transparency_and_Open_Government/
President Obama instructed the Director of the Office of Management and
Budget (OMB) to issue an Open Government Directive. Responding to that
instruction, on December 8, 2009, a
memorandum http://www.whitehouse.gov/omb/assets/memoranda_2010/m10-06.pdf was
issued directing executive departments and agencies on how to take
specific actions to implement the principles of transparency, participation,
and collaboration. The memo was broken up into four main points, each
having their own action items: (1) Publish Government Information Online;
(2) Improve the Quality of Government Information ; (3) Create and
Institutionalize a Culture of Open Government; and (4) Create an Enabling
Policy Framework for Open Government

Aside from the major points mentioned above and the action items posted in
the memorandum http://www.whitehouse.gov/open/documents/open-government-directive ,
*what types of information would you want to see on agency web sites? *For
example, some ideas from the open government community include:

1. List of government agency employees and how to reach them.

2. Visitor logs of each agency and calendars for top-level agency
officials should be made public in timely fashion. The public has a right
to know who agencies are consulting, and a "timely fashion" needs to be
narrowly defined.

3. Contract and award documents include Requests for Proposals,
Contracts, Task Orders, Contract Modifications, etc.

4. Communications between the agency and Congress, including responses to
inquires, testimony before committees, reports mandated by Congress, etc.

5. A records retention policy along with a schedule of records that will
be declassified and the timetable for such action, as well as a list of all
FOIA requests.

*What else would you like to see? What types of documents are your patrons
requesting? What suggestions should be passed along to make the federal
government more transparent and participatory?

Volume 2 Number 12 December 2009.

Automatic Software Updates and Patching

From the Desk of David Badertscher

Security vulnerabilities are flaws in the software that could allow someone to potentially compromise your system. Each year, the volume of software security vulnerabilities discovered increases, and the hacking tools available to exploit these vulnerabilities become more readily available and easier to use. Vulnerabilities in commonly used programs such as Adobe PDF Reader, QuickTime, Adobe Flash and Microsoft Office are prime targets of attacks on computers connected to the Internet. Recent statistics reported show that 48% of the cyber attacks identified in the second quarter of 2009 were targeted against vulnerabilities in Adobe Acrobat/Adobe Reader1 and in October 2009 Microsoft released patches for a record number of security holes. No entity is immune to vulnerabilities, so we must ensure we understand the risks and take appropriate mitigation steps.

Why do I need to update my software?

One of the basic tenets of computer security is to update your operating system and other software installed on your computer. Software updates fix problems in the software, add functionality, and most importantly, fix vulnerabilities that impact the security of the software and subsequently your computer. These vulnerabilities can lead to your computer—and information that resides on it—being compromised. Exploitation of vulnerabilities may occur by opening documents, viewing an email which contains malicious code or visiting a web site hosting malicious content. Seventy percent of the top 100 web sites hosted malicious content or contained a link designed to redirect users to malicious sites.2

What is a software patch (fix) and when should I install software patches?

Patches are often called "fixes." A patch is software that is used to correct a problem to an application (software program) or an operating system. Computer companies are continuously addressing security holes (i.e. vulnerabilities) in computer software which could be used to infect your computer with a virus, spyware or worse. When vulnerabilities are discovered, the software vendor typically issues a fix (i.e. patch) to correct the problem. This fix should be applied as soon as possible since the average time for someone to try to exploit this security hole can be as little as a few minutes. Most major software companies will periodically release patches, usually downloadable from the Internet, that correct very specific problems in their software programs.

My computer includes hundreds of software programs-- which ones do I need to update and how often?

One of the challenges facing the average computer user is to know which software needs to be updated and how often. Software programs that communicate or interact with the Internet are especially susceptible to attacks and should be kept at a vendor-supported version and current on all patches.

Many software programs include a feature called “auto update.” This feature allows the computer to check for updates at periodic intervals. The software will automatically check for updates and save them to your computer. Some updates will instruct you to “reboot” your computer before the software update can be applied.

At a minimum, you should enable the auto update feature on the following products:

Anti-virus and Anti-spam signatures: anti-virus and anti-spam software requires regular updates to virus and spam signatures to remain effective. New viruses and other types of malware appear every day and the anti-virus/anti-spam vendors release new signatures on a daily basis to stay on top of the new threats. Windows Office software: Word, Excel, Outlook, etc. – (see below for updating Windows software) Internet Browsers: e.g., Internet Explorer (Microsoft), Firefox (Mozilla), Safari (Apple) and Chrome (Google). Make sure you update any software you use for browsing the Internet. Adobe products: e.g., Adobe Reader, Adobe Acrobat, Flash, Shockwave Media Players: e.g., Windows Media Player (Microsoft), QuickTime (Apple), Real Player (Real Networks) and Flash Player (Adobe)

Java (Sun Microsystems): Java is software that is installed on most computers to allow users to play online games, conduct online chats, and view images in 3D, among other functions. It is also used for Intranet applications and other e-business solutions. Other software programs that communicate or interact with the Internet, like e-mail, web servers, and remote desktop software are especially susceptible to attacks and should be kept current on patches and version levels.

It is very important to promptly download and patch your operating system and programs whenever security updates or “service packs” become available. These patches are created to protect systems against potential attacks. Be aware that attacks sometimes occur before updates are released.

How do I update my Microsoft Windows programs?

Windows Update is a Microsoft service that provides updates for the Windows operating system and other Microsoft software. Installing Windows updates, such as “service packs” and other patches, is necessary to keep your Windows system secure. To activate Windows Update, go to Settings/Control Panel/Automatic Updates. When you turn on Automatic Updates, Windows routinely checks the Windows Update web site for high-priority updates that can help protect your computer from the latest viruses and other security threats. These updates can include security updates, critical updates, and “service packs.” Depending on the setting you choose, Windows automatically downloads and installs any high-priority updates that your computer needs, or notifies you as these updates become available. Be sure to set the auto updates to daily, as patches can be released at any time.

Note: Many organizations have formal processes to patch systems that will automatically update all appropriate software. In these situations, no end user action is required.

******************************

Source: 1. F-Secure
Source: 2. SC Magazine

The above comments are based on information tips provided by the Multi-State Information and Analysis Center (MS-ISAC). To learn more about MS-ISAC go to http://www.msisac.org/
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