MEMORANDUM-DECISION AND (1) ORDERED, that the Motion for Class Certification (Dkt. No. 9) is GRANTED. The following class is certified: All adolescent and juvenile offenders, as the terms are defined under New York State Law, who are now, or will be, in the custody of law enforcement and appear before the designated Onondaga County Youth Part. J.M. shall serve as class representative. The Legal Aid Services of Central New York shall serve as class counsel; and it is further (2) ORDERED, that the Motion for Preliminary Injunction (Dkt. No. 12) is GRANTED. Onondaga County and County Executive Ryan McMahon shall make a room available for class members to meet privately with their attorneys in the Syracuse Criminal Courthouse before appearances in the Youth Part. Sheriff Eugene Conways deputies and staff, and all other law enforcement officials acting in concert with them, including the Syracuse Police Department, are enjoined from being present in the room when class members are discussin g their cases with their attorneys before or after court appearances; and it is further(3) ORDERED, that Defendants shall confer with Plaintiffs counsel and the New York Attorney General and, by August 26, 2019, report the steps they have taken to co mply with Order (2). Plaintiffs shall, and the Attorney General may, join in that report to state their position concerning whether Defendants are complying with that Order; and it is further (4) ORDERED, that the Clerk shall cause this Memorandum-Decision and Order to be served on all parties and the City of Syracuse, 233 E. Washington St., 300 City Hall, Syracuse New York 13202. Signed by Senior Judge Lawrence E. Kahn on August 12, 2019.
Northern District of New York, nynd-5:2019-cv-00137