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LAS: Significant Change Required to Address Family Court Crisis

The Legal Aid Society is calling for substantive changes to New York’s overburdened Family Courts. The COVID-19 pandemic exposed many underlying issues that left the system ill-equipped to respond to those in need, creating an enormous backlog of critical matters that have yet to be heard, as reported by NBC 4 New York.

In a new report from The New York City Family Court COVID Work Group, advocates, including multiple attorneys from Legal Aid, lay out a series of changes to address the issues faced by the children, families, and survivors of domestic violence who rely on the courts for a wide range of serious matters including child abuse and neglect; issues related to custody, visitation, guardianship, and domestic violence; child support; and juvenile delinquency cases.

The report calls for investments in and upgrades to technology including adopting New York’s State’s electronic filing system and creating a user-friendly website. It also outlines the need to ensure appropriate access to technology for those participating in virtual hearings.

Caseloads were an issue before the pandemic, 56 judges were tasked with 192,000 filings in New York City in 2019. When COVID hit proceedings came to a halt, creating a massive backlog of cases. The report recommends moving judges, and resources from other trial courts to tackle the backlogs and delays.

Advocates are further calling on the court system to improve external communication and enact uniform procedural rules to create a system that can be easily navigated by those who rely upon it.

“[We] are acutely aware that the COVID-19 pandemic has presented remarkable challenges for all organizations serving New Yorkers and that the transition to remote work and the resulting embrace of technology have been unprecedented in scope,” the report states.  “The new way forward offers the opportunity to improve our court system for the most vulnerable in society by applying what we have learned during this crisis. We are eager to work closely with the Family Court to ensure that we leverage this moment to reimagine how the Court can better ensure equal access to justice for all New Yorkers.”