20 | September/October 2023 | BAEC Bulletin
The Administrative Board of the Courts is seeking public comment on a proposal, proffered by the New York State Bar Association (NYSBA) and the New York City Bar Association (City Bar) (Exhibit A – Joint Letter), to amend Section 202.12 of the Uniform Rules to “require attorneys to discuss discovery issues, insurance coverage and ADR with their clients and their adversaries before the preliminary conference” (Exhibit B –Joint Report on Rule 202.12, p. 1). The goal of the rule amendment is to make the preliminary conference processmore efficient. If an agreement can be reached prior to the preliminary conference in compliance with the amended rule, then the preliminary conference can be handled by a so-ordered stipulation. Where an agreement is not reached, the Joint Report concludes that the attorneys would, nevertheless, come to a preliminary conference better prepared to discuss such issues if the proposed amendments were adopted. Efficiency and clarity are also promoted through explicitly empowering the Court to require written submissions in advance of a preliminary conference that would present the parties’ views on any disagreements. The Joint Report notes that a common complaint about preliminary conferences is that they are “inefficient, pro forma conferences, often attended by junior or contract lawyers not familiar with the details of the case.” (Ex. B, p. 2.) Instead of eliminating preliminary conferences, the proposed rule attempts to make these conferences more meaningful through an expanded mandatory meet-and-confer process. The Joint Report states that the enhanced attorney preparation and collaboration before a preliminary conference and the active judicial intervention at such conferences (fostered by the rule amendment) will focus and streamline litigation overall. The proposed rule amendment also encourages the use of virtual preliminary conferences. The proposed revisions to the rule are reproduced in Exhibit C. Persons wishing to comment on the proposal should e-mail their submissions to rulecomments@nycourts.gov or write to: David Nocenti, Esq., Counsel, Office of Court Administration, 25 Beaver Street, 10th Fl., New York, New York, 10004. Comments must be received no later than October 31, 2023. All public comments will be treated as available for disclosure under the Freedom of Information Law and are subject to publication by the Office of Court Administration. Issuance of a proposal for public comment should not be interpreted as an endorsement of that proposal by the Unified Court System or the Office of Court Administration. Request for Public Comment on Amending 22 NYCRR § 202.12 Concerning Preliminary Conferences Public Notice for Reappointment of Incumbent Magistrate Judge The current term of office of United States Magistrate Judge H. Kenneth Schroeder, Jr. at the United States District Court, Western District of New York, Buffalo, New York, is due to expire on May 31, 2024. The United States District Court is required by law to establish a panel of citizens to consider the reappointment of the magistrate judge to a new eight-year term. The duties of a magistrate judge in this court include the following: (1) conduct of most preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters and evidentiary proceedings on delegation from a district judge; and (4) trial and disposition of civil cases upon consent of the litigants. Comments from members of the bar and the public are invited as to whether the incumbent magistrate judge should be recommended by the panel for reappointment by the Court and should be directed to Merit Selection Panel Chairperson, c/o Office of the Clerk, United States District Court, 2 Niagara Square, Buffalo, NY 14202. Comments must be received by October 11, 2023.
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