New York State Lawmakers Push for Major Investment in Family Court System

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Written by Adilia Watson and Susanthi Sarkar

New York State Sen. Bird Hoylman Segal (front row, left) called for a historic $102 million investment in the state’s family court system at a press conference. Photo, New York State Senate.

Declaring New York’s family court system “in crisis,” state lawmakers and child and family legal advocacy groups are calling for major new public investments to improve the family court system. . Handling foster care and youth justice cases.

Senators and representatives are calling for a $102 million investment in the state’s next budget to improve the “overburdened and under-resourced” family courts.

“The family court system is in crisis here in New York and something needs to be done,” Sen. Brad Hoylman Sigal said at a press conference Monday. “The funding we are seeking will help make up for years of underinvestment that has resulted in a dysfunctional state that fails to deliver justice to those who need it most.”

The proposed budget includes $50 million for the Office of Poverty Legal Services to increase representation for parents facing allegations of child abuse and neglect. Children’s lawyers contracted through the Administrative Office of the Courts will be paid $19.7 million, of which $6 million will go toward raising salaries for privately contracted lawyers, who recently earned just $75 an hour.

Lawmakers also would fund 41 new family court judge positions and improve supervised visitation in counties that don’t have enough resources to allow parents and children in foster care to visit in a safe and comfortable manner. is seeking $6 million for.

Family advocates are leading the budget request, which is supported by New York Chief Justice Rowan Wilson and leaders of the New York Senate Judiciary Committee and the Committee on Children and Families.

“It’s going to be extremely impactful and absolutely essential,” said William Silverman, a New York lawyer and president of the Modern Courts Fund, an organization focused on court reform. he said. “We need enough judges to respond to the needs of the most vulnerable. A commensurate amount of resources should be provided for the safety and security of poor families and children. .”

Richard Lewis, president of the New York Bar Association, agreed.

“Families will be torn apart if they have to wait three months, six months or more for a case to be heard,” Lewis said at a news conference this week. “It causes irreparable harm to the children, and it causes irreparable harm to the parents.”

Lawmakers announced the $102 million proposal along with a joint report by the Senate Judiciary Committee and the Committee on Children and Families entitled “The Crisis in New York Family Courts.”

This is one of a number of damning reports in recent years pointing to serious deficiencies in the quality of justice delivered in New York family courts. In 2022, the New York City Bar Association and the Modern Courts Fund identified “serious constitutional issues” and delays that “harmed thousands of families.”

Two years ago, a report commissioned by then-Chief Justice Janet DiFiore and authored by former Homeland Security Secretary Jeh Johnson found that racial injustice is “pervasive and systemic in nature.” , it was determined that a complete overhaul of New York’s court system was needed. Johnson’s report, based on nearly 300 interviews, found that family courts provide “a second-class justice system for New York State’s people of color,” and that the system is “inhumane” and too He also stated that they deal with a large number of cases in large quantities. Like “cow mooing”.

Lawmakers this week argued that the law ranges from “unjust family separation” to “exceptional hardship for poor litigants and people of color, to a lack of resources that make it difficult to properly manage cases, retain staff, and try cases.” “Concerns are widespread.” in a timely manner. They continued, “The testimony makes abundantly clear that New York’s family courts are overburdened and under-resourced, plagued by unacceptable caseloads, overworked staff, and a legacy of dysfunction.” It became,” he said.

Lawyers representing children and parents have been fighting for years to increase compensation. In 2021, bar associations and attorneys who represent parents in abuse and neglect cases sued the city and state of New York for failing to fairly compensate parents, which they said was “not a meaningful and effective law.” “Violations of the constitutional rights of children and indigent adults to personal representation.”

Last year, child and parent panel lawyers received their first pay increase since 2004.

The state Senate report released this week not only supports calls for more judges and lawyers and better pay for field attorneys, but also includes support from parents, lawyers, government and court officials, and nonprofit representatives. It also includes suggestions for improvement. Recommendations include providing support to households suffering from domestic violence, substance abuse, and mental illness long before court intervention is needed, and investing in alternative solutions to litigation, such as problem-solving courts and dispute resolution. It includes things to do.

The report also highlights the need to better protect families investigated by Child Protective Services after allegations of abuse or neglect. The cases often focus on situations related to poverty and lack of resources.

To that end, the Senate report calls for “narrowing the gates” to the child welfare system by fully funding legal service providers and foster care prevention services and protecting the rights of litigants in court.

Creating a more stable court system by adding dedicated family court judges would also help, the report authors said.

Legal advocates echoed this need, pointing to the chaos caused by a “revolving door” of judges, including substitute judges who have been pulled from civil court at short notice to cover the calendar.

“They leave after a year or two of being appointed, right when they’re settling in and getting to know the family situation,” says Philip, a family court attorney and member of the New York Association of Family Court Appointed Lawyers.・Mr. Katz says.

Karen Friedman, executive director of Lawyers for Children. Photo: Ben Fink Shapiro.

Karen Friedman, president of Lawyers For Children, said in an email that the proposed $19.7 million funding for children’s law firms, which represent more than 90% of children in family courts in New York City and many other areas, He said he would welcome it. state.

“We are extremely grateful for this funding increase and the support of Senator Hoylman and others as a first step in addressing our massive funding crisis,” she said. She added that lawyers at these firms are representing 150 children at a time, which is “unconscionable” and double the number that should be present. Friedman needed about $50 million “to maintain comprehensive legal representation” with fewer than 75 active cases per lawyer, she said.

“Adding more judges without adding more lawyers to children’s courts will impose additional burdens on children and families who depend on family courts to provide quick, responsive, and fair justice,” Friedman said. “This will not improve the months and even years of delays in family courts.” .

Katz agreed that the additional funding proposed this week would significantly strengthen a system that is “completely underfunded,” but it also highlights how undervalued family courts are among judges and legal professionals. He also pointed out that the solutions are not sufficient.

“Money alone can’t solve these kinds of problems,” Katz said. “The culture in New York state courts is to treat family courts as second-class citizens. And that’s very frustrating for the families we represent.”

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New York State Lawmakers Push for Major Investment in Family Court System

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