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Bar task force seeks Family Court Reform

Thu, Dec 1st 2011 12:00 am

A State Bar Association task force created to help improve the lives of children and families through reform of the state's complex and overburdened Family Court system convened the first of four statewide hearings Dec. 1 in Albany. Subsequent hearings will be held in each of the three other state judicial departments in January and March.

"Ultimately, the need to re-examine Family Court comes down to doing what's best for the children who are affected by domestic violence, the breakup of families and criminal behavior," said Bar Association President Vincent Doyle III. "An overburdened, under-resourced Family Court means weeks or months of prolonged uncertainty for kids."

"The Family Court Task Force is working to find ways to assist the courts and those they serve to address the problems they face more efficiently and fairly in a time of diminished resources," said Susan Lindenauer. She is former counsel to the president and attorney-in-chief of the Legal Aid Society of New York City. She also co-chairs the Task Force with Broome County Family Court Judge Mary Rita Connerton.

Among the topics to be discussed at the hearings are:

• Using technology to minimize and streamline court appearances;

• Assistance for litigants who represent themselves;

• Mediation;

• "Paperless" court and speedy trial proposals;

• The impact of budget cuts;

• Use of probation and social services;

• Need for translators;

• The presence of adolescents at child custody and child protective hearings.

Anyone wishing to submit written testimony for the task force to consider may send submissions to the Family Court Task Force at One Elk St., Albany, N.Y. 12207.

The task force expects to use testimony from the four hearings to complement its research and provide additional insight into the problems and solutions. It will issue its preliminary report in June and a final report in November. That report will be presented to the state's chief administrative judge and others for consideration of its recommendations.

The 35-member Task Force on the Family Court was formed in 2010 at the direction of then-Bar Association President Stephen Younger to identify key areas for improving Family Court across the state. Four subcommittees have been established that address resources for litigants, resources for the courts, operation case management and staffing, and technology.

According to the Office of Court Administration statistics, New York's Family Courts handled 720,850 court filings in 2010, compared to 683,390 in 2001. In New York City, the caseload was 246,266 in 2010, up from 226,544 in 2001. The number of custody/visitation cases statewide rose from 169,111 in 2001 to 205,026 in 2010, and the number of filings related to child support statewide rose from 217,352 in 2001 to 267,820 in 2010.