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Putting It All Together: Practice in Integrated Domestic Violence Parts of the Unified Court System

SKU: FAM2100
General Credits
1
Price$50
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Description

This CLE course offers a practical overview of practice in the Integrated Domestic Violence (IDV) Parts, where criminal, family, and civil matters involving the same family are heard together under the “One Family, One Judge” model.

The course addresses the structure and rules governing IDV Parts, jurisdictional and ethical considerations, orders of protection, motion practice, conferences, hearings, and trial scheduling, as well as strategic challenges faced by attorneys representing petitioners, respondents, and children in parallel proceedings.

Lecturer Bio

James Montagnino

A Princeton graduate with a degree in Classical Greek, Jim began his legal career as a Student Legal Assistant in the Bronx DA’s Office in 1986. He graduated Pace Law School in 1988 and served as an Assistant District Attorney in the Appeals Bureau of the Westchester County DA’s Office until 1991. He then served as a felony trial attorney in the Legal Aid Society of Westchester County until December 1994.

In January 1995 Jim joined the Unified Court System and served as a Principal Law Clerk to a County Court Judge and Acting Supreme Court Justice in Westchester County. In 1999 he became a Court Attorney/Referee and was assigned for the next seven years to the Matrimonial Part of Westchester County.

In 2006 Jim and his family moved to Saratoga Springs, NY. Jim served as a “floating” law clerk in the Third Judicial District, where he drafted decisions in complex cases ranging from class action suits to Article 78 proceedings against administrative agencies.

In 2009 Jim became Principal Law Clerk to the Hon. Catherine Cholakis, Acting Supreme Court Justice in the Integrated Domestic Violence Part in Rensselaer County. As Judge Cholakis was also assigned to the Article 78 rotation for the Capital District, Jim continued to draft decisions in those proceedings, as well as in Family Court litigation. He served in this capacity for the next 12 years until his retirement from the Court System in April 2021.

Over the course of his 26 years with the Unified Court System, Jim has reviewed more than a thousand grand jury proceedings, has drafted decisions for 35 Judges in matters ranging from small claims to murder prosecutions, has presided as Special Referee over hundreds of contested matrimonial cases and has participated in thousands of settlement conferences.

In November of 2021 Jim was elected to the position of Commissioner of Public Safety for the City of Saratoga Springs. During his time in office, Jim oversaw the Saratoga Springs Police Department’s achievement of New York State Accreditation by the Division of Criminal Justice Services and the construction, on time and on budget, of the city’s third fire station.

Jim is currently enjoying semi-retirement with his wife of nearly 40 years, Nancy Montagnino, who served as felony trial counsel for The Legal Aid Society of Westchester County for ten years and as an attorney with New York’s Mental Hygiene Legal Service for two decades. They enjoy spending time with their two children, three grandchildren and their extended family.

CLE is voluntary for Massachusetts attorneys. To view our full accreditation details, please click here.


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