Paul, Weiss Files Amicus Brief in New York Appellate Court Advocating for Expanded Right to Appointed Counsel in Child Welfare Proceedings

On behalf of a broad coalition of amici, Paul, Weiss filed an amicus brief in early February in the New York Supreme Court’s Appellate Division, First Department, advocating for the right to appointed counsel in administrative hearings contesting registrations of child abuse or maltreatment on the New York State Central Register of Child Abuse and Maltreatment (the SCR). Through Paul, Weiss’s efforts, the amicus represents a diverse group of 25 amici—many of which are frequently not in agreement—including seven public defense offices, two child advocate organizations, two domestic violence victim assistance organizations, four civil legal offices, four legal clinics and six other advocacy organizations.

The underlying case concerns two otherwise identically situated parents who received different outcomes at their SCR hearings after the father was represented by counsel but the mother proceeded pro se. The brief argues that due process under the New York Constitution requires appointment of counsel at SCR administrative hearings under existing case law and the balance of relevant interests, and that the absence of appointed counsel only exacerbates existing racial inequalities in the SCR system. The brief highlights the experiences of clients of the amici and the profound familial, economic, and social effects of a listing on the SCR.

The Paul, Weiss team was led by litigation partner Audra Soloway and associates Erin Morgan, Alyson Cohen, Daniel Negless, Chih-Wei Wu and Michael Bass.