Kramer Levin Secures Victory for Pro Bono Client in New York Appellate Division First Department

On April 25, 2023, Kramer Levin secured a victory in the Appellate Division, First Department, for a pro bono client in a criminal case. Associate Rachel Czwartacky and special counsel Karen Steinberg Kennedy successfully appealed the imposition of a mandatory surcharge and fees paid by the client, who was a minor at the time of his sentencing and had already completed his term of probation for possession of a weapon in the second degree. Together with AIG and the Legal Aid Society, they argued that the fees should be waived and refunded because they presented an unreasonable hardship and adversely impacted his reintegration into society, and because recently passed New York State legislation now prohibits imposing these fees on minors. After receiving Kramer Levin’s brief, which pointed out that the client had no prior arrests and had enrolled in college by the time of his sentencing, the Bronx District Attorney conceded that the fees should be waived in the interest of justice, and the First Department then ordered the fees vacated.

Advocating for those given excessive sentences is at the core of Kramer Levin’s commitment to racial justice. The Racial Justice Initiative was launched in 2020, in order to demonstrate through concrete action the firm’s commitment to racial justice in the wake of George Floyd’s murder. The firm’s Racial Justice Initiative encourages Kramer Levin attorneys and staff to pursue pro bono work focused on assisting communities that have historically been, and continue to be, adversely impacted by racism, including in the areas of voting rights, housing, civil rights, and the criminal justice system.

The Kramer Levin team was led by Litigation associate Rachel Czwartacky and Litigation special counsel Karen Steinberg Kennedy, and included summer associate Emily Mandell and paralegal Angela Chan.