Whether you believe your role as the sentencing judge is to punish, rehabilitate and/or deter future illegal activity, it is important that you understand the impact your sentence may have on the defendant and the defendant’s family. The Judges’ Chambers Subject Area is designed to keep you informed of what, if any, legal responsibility you or defense counsel have to inform the defendant of the collateral consequences of a plea or sentence. The other Subject Areas on this Website, civic participation, employment, family, financial impact, housing and immigration, will enable you to understand how your sentence may effect the lives of the defendant and the defendant’s family.
The Judges’ Chambers Subject Area contains links to the most recent court decisions, law review articles and other publications that address various issues, including: i) the difference between direct and collateral consequences of a plea or sentence; ii) what a judge is required tell the defendant regarding the consequences of the defendant’s plea or sentence; iii) what a defense counsel is required to tell the defendant prior to the defendant entering a plea, and iv) when an incorrect or inadequate response to a defendant’s question regarding a collateral consequence of the defendant’s plea is grounds to grant a defendant’s motion to withdraw a plea.
Unlike the other Subject Areas, the Judges’ Chambers Subject Area will have a message board accessible only to judges. An e-mail will soon be sent to judges around the State of New York explaining how they may access the message board and talk with their fellow judges about the consequences of criminal prosecutions. The message board will enable judges to share their thoughts and raise issues and concerns regarding the collateral consequences of criminal prosecutions. We also seek the judges’ input on how to make this Website a meaningful tool for judges, practitioners and academics.