Judge Kaye Convenes Statewide Task Force

Address Flaws in Divorce Process

October 1, 2004

Author: Amy Schwartz

In June 2004, Chief Judge Judith Kaye announced the creation of a Matrimonial Commission. This Commission is charged with "examining every facet of the divorce process" in New York and recommending reforms to correct existing problems in both the Supreme and Family Courts. Among other topics, the Commission will consider the complex issues involved in contested custody cases, the use, role and qualification of forensic experts and law guardians, mediation and the use of alternative dispute resolution, collaborative divorce efforts, interim counsel fees, and enforcement of court orders.

The Commission is an initiative of the Office of Court Administration and an official website has recently been created to disseminate information about their tasks, goals, and public forums.

Comprised of members representing many regions of the state, the Commission is chaired by Justice Sondra J. Miller of the Second Department who herself was a matrimonial lawyer prior to attaining her judicial post. Currently, membership also includes Family, Supreme and Appellate Court-level judges, a representative from the Office of Court Administration, private practitioners, several legal services attorneys, and two forensic experts. A complete listing of the membership roster is available at the commission's website listed above.

As a part of its formal inquiry, the Commission will host a series of public hearings beginning late 2004 and continuing through Spring 2005 at various locations throughout the state in order to hear the views of interested individuals and organizations with regard to ways to reduce cost, delay, and trauma to parties. They would like the hearing participants to focus on: custody and visitation concerns; the use, role and qualification of forensic experts and law guardians, guardians ad litem, and other appointed experts; mediation and the use of alternative dispute resolution; and collaborative divorce.

Dates and times for the public hearings were recently announced in mid-September. The next hearing is scheduled on November 4, 2004 in Albany. More complete information about the times and locations of the hearings, as well as registration information is located on the Commission's website noted above.

Hearings are open to members of the public, but likely participants will include domestic violence advocates, matrimonial attorneys, legal services agencies, law guardians, forensic experts and evaluators, and former litigants. The Commission cannot accept testimony from a litigant with a pending matter, but these individuals may send general comments and observations in writing. The Commission may not accept any written or oral comments addressing the details of any individual litigation or complaints about specific judges, attorneys, or forensic experts. Those interested in speaking at the hearings must register at least 10 days prior to the hearing date. No deadline for written commentary has yet been announced.

Doubtless, the voices of legal services agencies, especially those who provide representation in Family and Supreme Court, will be useful to the Commission as a way to provide the important perspective of litigants with limited resources, as well as victims of domestic violence and their children.

Because there is no particular legislation tied to these hearings and participants are being invited to speak, participation is likely not considered "lobbying" for the LSC restriction purposes, although agencies concerned about this may want to discuss this with the NYU Law School's Brennan Center for Justice at 212-998-6730. Legal services providers may also want to encourage certain former clients to consider testifying as to their experiences.

The Commission is expected to report its findings to the Chief Judge in about one year.

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