New York State
Defenders Association
Defenders Association
| Family Defense Resources Right to Counsel |
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"An indigent parent, faced with the loss of a child’s society, as well as the possibility of criminal charges, is entitled to the assistance of counsel." - In re Ella B., 30 N.Y.2d 352 (1972) NYSDA provides information helpful to lawyers and the parents and other adult respondents they represent in Family Court. That information is distributed through NYSDA publications, and provided to attorneys through trainings, consultations, and this website. Since NYSDA (the Backup Center) has been providing support to attorneys who represent parents for many years and also keeps abreast of advances in representation and expert testimony nationwide, attorneys can request very specific information that is tailored to their questions and needs by calling the Backup Center. In addition to the material below that is specific to family law practice, materials under Public Defense Issues and Positions and Studies, under Our Work, may relate to Family Court practice. Archived material may be found at Reports & Studies under NYSDA History in About Us. Other information relevant to family defense issues or cases may also appear in other areas of the website. There are a myriad of complications and considerations for anyone involved in Family Court proceedings who is also not a US citizen. The Regional Immigration Assistance Centers described at Immigration Resources for Criminal and Family Court are a resource for attorneys delivering representation in Family Court.
In New York State an expansive right to assigned counsel exists in Family Court. A parent unable to afford counsel,”faced with the loss of a child’s society, as well as the possibility of criminal charges, is entitled to the assistance of counsel. A parent’s concern for the liberty of the child, as well as for his care and control, involves too fundamental an interest and right to be relinquished to the State without the opportunity for a hearing, with assigned counsel if the parent lacks the means to retain a lawyer. To deny legal assistance under such circumstances would … constitute a violation of his due process rights and, … a denial of equal protection of the laws as well.” In re Ella B., 30 N.Y.2d 352 (1972). This case, along with Family Court Act 261 and 262, which adopted the language in Ella B. as a framework for its creation, cemented an individual’s right to legal representation in a range of Family Court matters. For a full list of mandated representation cases, please see NY Family Court Act 262. The right to assigned counsel also extends to certain matters in Supreme and Surrogate's Court under Judiciary Law section 35(7). Anyone with questions about how to find an assigned counsel attorney in their county, should contact Family Court staff attorney Kim Bode at kbode@nysda.org; 518-465-3524. |
