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Journal of Crime Interview with Cheryl Kates, Esq. |
| Cheryl Kates is a solo practitioner in the Rochester NY area. She has carved a successful niche for herself with her specialization in parole plans, parole revocations, and Tier III tickets (disciplinary actions against correctional inmates). Cheryl began her professional career in nursing with an LPN, and also obtained a B.A. in Political Science at St. John Fisher College in Rochester, NY. She later graduated from Syracuse University College of Law, and has recently completed a Masters Degree in Public Administration from Walden University. Cheryl has long been an advocate of civil rights, particular in regard to the incarcerated, since law school, where she was president of the student chapter of the ACLU. She later went on to cofound Edge of Justice, a prison advocacy organization. Cheryl has spoken across New York State on parole issues and is well-known in among correctional inmate family networks, and has received several awards including Empire State Council for 2007-2008, and the 2004 Martin Luther King Drum of Justice Award for her work with inmates and their families. She is a member of the New York State Bar Association, American Bar Association, and the New York State Criminal Defense Lawyers. She spoke with Journal of Crime about the importance of her work. |
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| Q. What is the most fulfilling aspects of working with incarcerated persons up for parole? |
A. The feeling I get when I am first notified that through my efforts someone that has been incarcerated for decades and achieved rehabilitation has gained their release. The relief I hear in their voices and the voices of their families is indescribable when their battle is over. People do not realize how difficult incarceration is on the families and children of the incarcerated.
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Q. What led you to focus solely on parole issues?
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A. During my experience at law school, I served as the President of the ACLU student chapter and Vice President of Criminal Justice Society. I did several independent studies examining prison issues. During the course of my independent studies and my involvement with the Syracuse chapter of the NYCLU I discovered that this was an area of interest. I then began an organization along with my friend called Edge of Justice focusing on inmate issues. Through my experiences I carved a niche for myself in my legal practices trying to help people with their quest for freedom.
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| Q. What are the typical reasons an inmate is denied parole? |
A. The Parole Board relies on a blanket application of New York State Executive Law denying parole on the “serious nature” of the crime and does not really give any other specific answers.
The statute, NYS Executive Law § 259 (i) (2) (c) (a) says:
“Discretionary release on parole shall not be granted merely as a reward for good conduct or efficient performance of duties while confined, but after considering if there is a reasonable probability that, if such inmate is released, he will live and remain at liberty without violating the law, and that his release is not incompatible with the welfare of society and will not so deprecate the seriousness of his crime as to undermine respect for the law.”
Because the Board has discretion in their decisions, courts rarely intervene to help. I have generally had a successful rate in obtaining de novo appearances for my clients at the Board of Parole. Nobody wins them all! The key is being thorough, checking client files for errors, and reviewing everything..
I prepare parole plans that summarize my clients’ legal history, and in a historical context of their life present mitigating factors that contributed to their criminality. We include certificates they earned, educational degrees, and letters of support. I also do administrative appeals, Article 78's and Appellate Division Appeals on parole cases.
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| Q. What are the most important issues you have spoken on and advocate for in your work and speaking engagements? |
A. Issues/ Advocacy- fair parole Policies. The ways to spot errors in records, hiring competent legal help, appealable issues in parole denials.
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Q. What are some myths about the incarcerated and about parole you would like to dispel?31 |
A. The media—news, television shows and movies, present an inaccurate image of the typical incarcerated person as being evil or psychopathic. In fact, many are in prison for nonviolent crimes, and many have backgrounds (i.e. abuse or mental illness) that have contributed to their imprisonment.. The fearful image of inmates leads to automatic acceptance of harsh sentencing and unjust prison terms.
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