NYLAG’s client sought a sentence of incarceration to be served consecutively, following the Court’s finding that Respondent willfully committed 26 crimes and family offenses in violation of an order of protection, including but not limited to Criminal Contempt, Stalking and Harassment. The Respondent was repeatedly absent from court and actively evaded service while continuing to violate the Petitioner’s order of protection, even after a warrant was issued for his arrest and he was brought to court and notified about the proceedings and the risk of incarceration. Respondent continued to fail to appear in court, and contacted the court admitting his knowledge of the proceedings, Petitioner requested to move to fact finding without Respondent being present, and her request was granted. After proceeding through fact finding, the court again moved ahead to the dispositional phase of the trial without Respondent. Finding that Respondent had knowledge of the proceeding and knowingly and voluntarily waived his right to be present, the court sentenced Respondent to 27 months in jail, to be served consecutively.

In Coumba F., the Appellate Division upheld a Bronx Family Court decision issuing a five-year Order of Protection on behalf of NYLAG’s client and her child – and put teeth in it by requiring the lower court to order that the respondent father attend anger management and domestic violence counseling, which must be completed within a strict six-month deadline.  To read the decision, please click here.

In Angela C., both the trial and appellate courts justified the maximum length order of protection on behalf of NYLAG’s client and her child based on three independent grounds: the respondent’s repeated conduct in sending harassing letters to Angela in violation of the prior order of protection; his criminal conviction of four counts of aggravated harassment; and his aggressive threatening conduct in court. To read the decision, please click here.

Commenting on the decisions, Kim Susser, Director of Matrimonial and Family Law at NYLAG, said, “These decisions are noteworthy and should be commended for aggressively protecting domestic violence victims and their children. The Family Courts, looking at cases involving repeated and serious violence took the law and ran with it, using the dispositional alternatives available, and the Appellate Division upheld their orders – in one notable instance even strengthening the lower court order.”

Pictured above: Ez Cukor, Harvard Law School Irving R. Kaufman Fellow, who will implement the new Transgender Employment Law Project at NYLAG.

The New York Legal Assistance Group (NYLAG) has launched a program to help low-income transgender and gender non-conforming (TGNC) workers combat discrimination and other unlawful practices that represent formidable barriers to earning a living in New York City.

NYLAG’s LGBT Law Project, which currently provides culturally competent representation to low-income LGBT clients, will draw on the employment law expertise of NYLAG’s Justice at Work Project (JWP), bridging two existing areas of NYLAG’s work and expanding its ability to help LGBT clients across a broader spectrum. Elizabeth “Ez” Cukor, Harvard Law School Class of 2012, was awarded a Harvard Law School Irving R. Kaufman Fellowship for Public Service to develop the project with NYLAG.

“It is outrageous that today, in New York City, transgender people continue to experience discrimination in the workplace, and with this new program NYLAG is putting employers on notice that this behavior is illegal and will not be tolerated,” said NYLAG President, Yisroel Schulman. “We will address the problems of poverty and discrimination within the transgender community through direct legal representation of transgender workers by bringing together the expertise of two of our most effective legal services programs. Our LGBT Law Project attorneys will provide culturally competent representation for our transgender clients, while the Justice at Work Project attorneys will bring their expertise in employment law. And, we are thrilled to welcome Ez Cukor to NYLAG and partner with her in this effort.”

In a recent survey of transgender workers, half of all respondents had never been offered a job while living openly as transgender and nearly 60% had experienced employment discrimination. A large nationwide study yielded similar results: almost 80% of TGNC respondents reported experiencing discrimination on the job. A staggering 47% of respondents had been fired, denied promotion, or not hired because of their gender identity. Moreover, TGNC people are nearly four times more likely to be living in dire poverty than the general population.

NYLAG’s LGBT Law Project offers free direct legal assistance to low-income LGBT community members. The Project offers assistance with matters that involve family law, second-parent adoptions, orders of protection, legal name changes, housing discrimination, wills and advanced directives among other areas. This work is made possible by a generous grant from the Orrick Community Responsibility Program. For more information go to www.nylag.org/lgbt or call 212-613-5000 x 5107.

NYLAG’s Justice at Work Project provides advice, consultations, and legal representation to low-wage workers on issues related to employment. JWP assists workers seeking to enforce their rights in the workplace, particularly in the areas of wage violations, unemployment insurance appeals, employment discrimination, and the Family and Medical Leave Act.

It was NYLAG’s first year participating in the annual celebration, the route of which spans Fifth Avenue from East 38th Street to Christopher Street in the West Village. Entitled “Share the Love,” this year’s March commemorated the one-year anniversary of the passage of New York’s same-sex marriage law. A cloudless Sunday made for an especially festive occasion, involving approximately 500,000 participants and attracting an estimated one million spectators.

NYLAG made a big impact for its first appearance at the parade. Participants wore matching t-shirts, an abundance of rainbows and glitter, and carried signs proclaiming “NYLAG PRIDE” as they danced and chanted down the parade route. The Mobile Legal Help Center, with a giant rainbow “Pride” flag waving from its window, followed the group and demonstrated the New York State Office of Court Administration’s partnership with NYLAG in support of equal rights. Materials about NYLAG and the LGBT Law Project, accompanied by lollipops and branded decals, were handed out to spectators along the parade route, informing the diverse crowd about NYLAG’s free civil legal services.

While the passage of marriage equality in New York State is a milestone to be celebrated, NYLAG recognizes that LGBT communities still face numerous inequalities and discrimination when accessing critical services. The LGBT Law Project at NYLAG conducts outreach and provides culturally sensitive legal services to surmount these barriers. Virginia Goggin, Director of the Project, is thrilled with the high level of participation in the parade, remarking, “NYLAG’s large and highly visible presence at the March made a strong statement that we support the right to justice of all individuals, regardless of sexual preference or gender identity.”

For more photos of the parade, click here.

NYLAG Director of Matrimonial & Family Law, Kim Susser (left) with visiting Qatari students: Manar Mohammed Al Bloushi, Sarah El Nour and Aisha Al-Neama

On Friday, June 22, students from Qatar University’s College of Law visited the New York Legal Assistance Group (NYLAG)’s office to learn how the issue of domestic violence is addressed in the United States.

The visitors are part of Qatar University’s College of Law Domestic Violence Clinic and hope to use the knowledge gained from this exchange to draft legislation addressing domestic violence that they will submit to Qatar’s policymakers. They came to NYLAG through a partnership between the American Embassy in Doha and Meridian International Center, a non-profit that facilitates international educational and cultural exchange.

As a leading advocate on behalf of domestic violence victims, NYLAG provided a comprehensive overview of the law in this area. Kim Susser, Director of the Matrimonial and Family Law Unit (FLU), and Shani Adess, Staff Attorney in FLU, met with the students to discuss the legal protections available to domestic violence victims in New York State and to demonstrate how FLU uses the law to advocate on behalf of victims. The young women were initially reticent to engage in the discussion, but as the conversation progressed, they became more and more articulate about issues they wanted to pursue and asked numerous questions.

“The students were very interested in discussing how lawyers, police, judges and the general population could be educated about responding to domestic violence situations,” said Adess, noting that awareness of domestic violence in Qatar is lacking. NYLAG’s focus on providing culturally sensitive services to victims was particularly informative for the visitors. “This issue was of paramount importance to the women,” said Adess. “Almost 80% of Qatar’s population is Muslim, and they wanted to know how we approach socio-cultural differences in our work.” Susser and Adess spoke in detail about the methods and strategies used in NYLAG’s “Project Eden,” which works within the Orthodox Jewish community to raise awareness of domestic violence and to help victims escape abuse while respecting their religious customs. Qatari women face analogous religious pressures in combating domestic violence, making NYLAG’s experience with this project particularly applicable.

The law the students plan to submit to Qatari policymakers will provide comprehensive legal remedies for domestic violence victims and will increase sanctions for abusers. The students are also working to develop priorities for increasing community education and awareness. Their experience at NYLAG will inform their proposal and, if enacted, will make Qatar a model for the Middle East region.

NYLAG Associate Board Co-Chair, Valerie Tocci; Master of Ceremonies & Associate Board member, Monte Albers de Leon; actor and guest speaker, Emily Bergl; Associate Board member Janice Kubow; Associate Board member Jeremy Turk

NYLAG’s Matrimonial and Family Law Unit (FLU) held a successful fundraiser on June 18, 2012. The event celebrated FLU’s achievements on behalf of domestic violence victims and also recognized the work of the LGBT Law Project, a division of FLU, by commemorating the one-year anniversary of New York State’s passage of marriage equality. FLU provides direct legal services, advocacy and outreach to empower marginalized populations, prioritizing domestic violence victims and low-income LGBT individuals. The goal is to help these people overcome their unique barriers to safety and security.

Entitled “It’s A Family Affair,” the event was hosted by NYLAG’s Associate Board in the beautiful garden and penthouse of the Park Restaurant in NYC’s trendy Meatpacking District. Over 150 attendees came to show their support, including many attorneys from the City’s major law firms, young professionals, and representatives from the nonprofit legal services community.

The program included remarks from Associate Board member and Master of Ceremonies, Monte Albers de Leon; New York City Councilmember Dan Garodnick; Family Law Director Kim Susser; and Broadway and television star, Emily Bergl, who is best known for her roles on Desperate Housewives and Men in Trees. In her speech, Bergl related how her own childhood experience as an undocumented immigrant heightened her appreciation for the importance of civil legal services, particularly for those who cannot afford lawyers. A longtime activist for low-income families, she drew parallels between her experiences building physical homes for the homeless, and the importance of NYLAG’s work to protect families from domestic violence, as both services provide essential safety and stability for parents and their children.

"Fight for Justice" Awardee Hannah Pennington; Monte Albers de Leon; NYLAG Matrimonial & Family Law Director, Kim Susser; NYLAG Matrimonial & Family Law Associate Director, Lisa Rivera

Susser presented the 2012 “Fight for Justice Award” to Hannah Pennington, a 1999 alumna of NYLAG’s Domestic Violence Clinical Center (DVCC). Pennington’s experience in the DVCC set the foundation for the rest of her career as a prominent advocate for victims of domestic violence. Susser described Pennington as “passionate and effective” during her time in the NYLAG Clinic, qualities that continue to serve her well in her current position as Director of Sanctuary for Families’ Bronx Legal Project at the Bronx Family Justice Center. In this role, Pennington leads a team of lawyers and volunteers who provide victims with vital information and a wide range of legal services. As she presented the well-deserved award, Susser remarked, “There is nothing that makes me prouder than to see a former student be as successful as Hannah is now.”

Featuring a silent auction of luxury items, the evening succeeded in raising over $40,000 and served as a testament to the strength of NYLAG’s mission to provide high-quality, free civil legal services to low-income New Yorkers.

Music at the event was provided by DJ Patafunk and the cocktail hour was sponsored by 42Below Vodka and Brooklyn Brewery. For more photos, please click here.

The mother, Yamely, applied for an order of protection against her husband, Jose. Jose cross-petitioned for an order of protection and also for custody of their child, but then told his wife that they should settle their issues outside of court. Unaware of her husband’s custody petition and misled by his agreement to resolve the matter out of court, Yamely feared that a court proceeding would worsen the situation and dropped her case—“something that battered women commonly do,” according to Brandt-Young. She then failed to appear in court regarding either her own order of protection or Jose’s custody petition, and the Family Court Judge by default gave him custody of their son.

In Family Court, Yamely argued that her default should be vacated because she had never been served Jose’s papers. She also notified the court that Jose was not a fit father because of his long history of violence against her, alleging that he had punched her in the face and given her a black eye, hit her when she refused to provide her cell phone so he could look at her call log, and held a gun to her head when she came home later than he liked. “The Family Court judge was frustrated with the mother for filing for an order of protection and then changing her mind, not coming to court, misunderstanding the process, and for leaving the child with her parents in the Dominican Republic while dealing with the situation,” Brandt-Young explained. For this reason, the judge ruled that Yamely did not have a reasonable excuse for defaulting on the custody petition, maintaining custody of the boy to his father and denying reexamination of her case despite the fact that it had not been decided on its substance. This was unacceptable, according to Brandt-Young, as “there were serious allegations that the father was a batterer and there is a strong precedent for vacating defaults when children are concerned because the goal should be to protect them.”

The Appellate Division decided in favor of Yamely and sent the custody case back for a trial. “It was rewarding to see the child’s interests put at the center of the discussion, not the procedural mistakes the mother made,” said Brandt-Young. She also noted that the Appellate decision directs that the custody hearing take place in front of a different Family Court Judge, “which is a step the Appellate Division rarely takes.”

Sanctuary for Families Center for Battered Women’s Legal Services, represented the client in the Family Court case, and referred the case to NYLAG for the appeal.

The case involves a tragic incident in Castle Rock, Colorado. In 1999, Jessica Gonzales’s ex-husband violated a domestic violence restraining order in keeping their three daughters beyond the time set forth. Despite repeated calls over several hours and a personal visit to the station, police made no effort to locate her missing children or enforce Colorado’s mandatory arrest law on the ex-husband.

Early the next morning, Jessica’s ex-husband parked his truck in front of the Castle Rock Police Department and began firing shots at the building. Police returned fire and killed him. Law enforcement later found all three of Jessica’s daughters shot dead in the truck. Because authorities never conducted a proper investigation, Jessica still does not know whether her ex-husband or the police’s returning fire killed her daughters.

Jessica sued the Castle Rock Police Department for failing to enforce the restraining order and protect her children. She took the case to the US Supreme Court, which ruled in 2005 that Jessica did not have a constitutional right to protection despite a Colorado law mandating arrest for violations of restraining orders. New York has a similar law in place. Jessica then took her case to the IACHR, alleging that the US violated her human rights.

Christine Brandt-Young and Amanda Beltz of NYLAG’s Matrimonial and Family Law Unit and Sarah M. Buel of the University of Texas Law School submitted an amicus brief on behalf of several law school domestic violence clinics and nonprofit organizations. The brief asserted that domestic violence victims receive little protection in various jurisdictions despite the existence of the Violence Against Women Act. NYLAG’s brief became the basis of materials sent to the United Nations Special Rapporteur on Violence against Women, whom the IACHR cited in its final decision.

The decision issued several non-binding recommendations to the US government regarding the case including “full reparations” to Jessica, a “serious and impartial” investigation into the girls’ deaths, and new laws to make protection order enforcement mandatory.

As Coordinator of the LGBT Law Project, Ms. Goggin provides free legal consultation and representation on a wide array of matters to low-income LGBT New Yorkers. Ms. Goggin offers Know Your Rights trainings to community members as well as cultural competency workshops on serving LGBT community members for legal and social service providers.

Ms. Goggin received recognition specifically for her role as a partnering attorney in AVP’s new Domestic Violence Legal Clinic. This free and confidential Legal Clinic is a collaborative service between AVP, NYLAG, Sanctuary for Families, and the Urban Justice Center. The Clinic offers free legal consultations to LGBT victims and survivors of intimate partner violence.

After receiving the award alongside her two colleagues from the Clinic, Ms. Goggin said, “It’s a tremendous honor to share the stage with such hard working individuals who embody the spirit and mission of the NYC AVP.”

NYLAG’s LGBT Law Project partnered with the LGBT Law Association Foundation of Greater New York to create and operate the new clinic, held at the LGBT Community Center in Manhattan. The clinic was formed in response to the increasing need for life planning documents that provide legal protection and address the unique needs of the LGBT community. At the clinic, volunteer attorneys assist low-income LGBT individuals with the preparation and completion of essential documents such as health care proxies, living wills, powers of attorney and wills, helping to ensure the fulfillment of their wishes.

“Every day we learn about members of our community who are in crisis as a result of not having basic planning documents in place,” said Virginia Goggin, Project Coordinator of NYLAG’s LGBT Law Project. “Through this clinic, we are successfully preventing these problems before they start.”
The UJA-Federation of New York’s annual Volunteer Recognition Ceremony celebrates the accomplishments of outstanding volunteers across its vast network. Ricciardi was recognized for her fierce advocacy and extraordinary commitment to advancing the rights of the gay, lesbian, bisexual and transgender community. “I am so grateful for the opportunity to work with Virginia Goggin and the other talented and dedicated people at NYLAG to provide legal assistance to the LGBT community,” Ricciardi said. For more information on the Project, please visit its web site at  www.nylag.org/lgbt.

Erik Graham-Smith (LegalHealth intern) graduated from Boston College in 2005 and is currently in his first year at Harvard Law School. After his graduation from BC, Erik joined the Jesuit Volunteer Corps (JVC) where he was placed at the Interfaith Committee on Worker Justice, part of the Center on Policy Initiatives in San Diego. While at JVC, he helped mobilize leaders of the faith community to support low-wage workers and encourage them to publicly advocate the ideals of justice that their faiths espouse. Following his year in San Diego, Erik went on to complete a Masters Degree in Divinity at Yale University, planning to continue his faith-based non-profit work after graduation. However, after reflecting on some of the personal experiences he had at Yale concerning medical funding, insurance and access to healthcare, he was inspired to go to law school instead. Erik explained, “As an intern for LegalHealth, I’m learning so much about the way our medical system works, and I’m also getting an opportunity to help clients through the web of issues that come into play when sickness strikes. From immigration to housing to public benefits, in a few weeks, I’ve already been able to help clients on a wide range of issues. It’s been wonderful!”

Daniel Nam (General Legal Services intern) graduated from St. John’s University School of Pharmacy in 2003 and started working at Morgan Stanley Children’s Hospital as a staff pharmacist. While the hospital gave him incredible clinical experience, Nam explains, “I didn’t feel like I was doing enough.” After observing that the healthcare services in Elmhurst/Jackson Heights were erratic, he was inspired to start his own independent pharmacy in the neighborhood. Community service was a crucial aspect of his business: he regularly offered freed blood pressure readings, counseled community members on finding errors in their medical treatment, and made himself available to the public for questions about healthcare and treatments. In providing these services, Nam noticed that most of his patients had questions regarding social healthcare issues such as access to Medicare and Medicaid. After three years in business, he realized that he could best serve these individuals as a public advocate. Speaking about his subsequent decision to attend St. John’s Law School, Nam gushes, “I love every second of it.”

Julie Rapoport (Family Law intern) graduated in 2010 from the University of Maryland College Park and immediately began her studies at Harvard Law School the next semester. She has “always been interested in the many parallels between American civil law and Jewish law, especially in the United States where we are constantly struggling to define the line between church and state,” she explained. At NYLAG, Rapoport has been working with Orthodox Jewish victims of domestic violence as part of Project Eden, a program that incorporates New York civil law and Jewish law to help victims from the Orthodox community in Brooklyn.

Andrew Tepper (General Legal Services intern) is a third-year undergraduate at New York University majoring in history with a minor in public health and policy. At NYLAG, Tepper has been working with cases related to enforcing the decision in Reynolds v. Giuliani, an impact case brought by NYLAG that challenged NYC’s failure to properly process food stamp, public assistance, and Medicaid applications. During his time as an intern, Tepper has had the opportunity to speak with individuals directly affected by unjust denials of public benefits and answer their questions. He has also attended fair hearings, staffed the intake desk at Project Fair, and conducted telephone intake. “These experiences have been very interesting and have afforded me the unique opportunity to have real interaction with clients,” Tepper stated.

Of primary importance in these cases is assuring the safety of the victim. As part of the Project, NYLAG attorneys will work to secure orders of protection, make arrangements for child custody and visitation, and protect and pursue the victim’s rights to marital assets and ongoing spousal financial support. The attorneys will represent clients in contested and uncontested divorces, and will assist them in establishing or enforcing orders of child and spousal support, equitable distribution, and financial awards.

NYLAG attorneys will also counsel and represent victims of domestic violence in cases involving eviction, foreclosure prevention and homelessness; help immigrant victims to achieve independence from their abusers by resolving work authorization issues and/or undocumented status; and help victims to restore credit destroyed by their abusers. Attorneys from NYLAG’s General Legal Services Unit will partner with Family Law attorneys to help restore wrongly terminated or denied government benefits and to represent survivors in employment suits regarding discrimination or unfair termination.

As a third part of the new Project, NYLAG’s professional financial counselors will provide personalized counseling with an emphasis on understanding financial abuse, safeguarding assets, restoring and establishing credit, and following the steps to achieve and sustain financial independence. The Project will also offer financial workshops for victims at social services agencies from within NYLAG’s extensive mutual referral network. In addition, NYLAG is in the process of training law students and volunteer attorneys to assist in providing effective legal remedies and education for survivors.

Recent studies suggest that access to legal services has the greatest impact on decreasing domestic violence. While shelters, hotlines and counseling are vitally important crisis-intervention services, they do not offer victims certain important alternatives to their abusive relationships. The studies concluded that legal service programs help victims to achieve physical safety and financial security, thereby providing them with the practical means to leave their abusers. Project Safe & Secure provides a vital resource for victims, and it is the hope of Kim Susser, Director of NYLAG’s Family Law Unit, that the new Project will continue to grow in order to meet the needs of all survivors of domestic violence in New York City.

The first recipient of the new Fellowship is NYLAG fellow, Amira Samuel. While studying at the Benjamin N. Cardozo School of Law, Samuel became committed to the study of family law because, as she states, “Family law interested me both because it seemed like an area of law that was permissive of emotionality, and because family law encompasses a score of other legal issues, from housing to criminal law.” Upon graduation, Samuel was granted a fellowship to practice public interest law, and she brought her passion and expertise to NYLAG. “I was excited to work with so many dynamic and progressive people who are so obviously devoted to what they do,” she commented of her decision to join NYLAG’s Family Law Unit. At the conclusion of the public interest fellowship, Samuel applied for and became the first-ever recipient of the Judge Gertrud Mainzer Fellowship enabling her to continue her important work at NYLAG.

It is no longer required that those seeking divorce obtain the spouse’s consent or prove abandonment, cruelty, adultery, or other grounds for divorce. NYLAG’s matrimonial clients rarely faced difficulties obtaining a divorce, as almost all could claim cruelty, but they and their children were often forced into poverty immediately after the separation. “Maintenance (formerly alimony) was completely unpredictable, inconsistent, and unfair,” explains NYLAG attorney Antoinette Delruelle, who began working in 2007 with a coalition of legal service providers which authored and lobbied for the newly passed temporary maintenance bill. “Judges, from county to county and even within the same county, would grant different maintenance awards in divorces with remarkably similar facts.”

The new law sets a formula for determining how much the lower-income spouse should receive from the higher-income spouse as temporary maintenance, due while the divorce is pending. Until the reforms, many low income spouses who could not afford an attorney or were not lucky enough to obtain free legal representation from NYLAG or other free legal service providers, were forced to give up legitimate claims of maintenance. Thanks to the new temporary maintenance laws, these individuals are now able to obtain support even without the services of an attorney.

Assemblywoman Amy Paulin noted: “When I first met with members of the coalition, it was clear to me that reform was long overdue. For me, ensuring equity for the less-monied spouse in a marriage that was ending was a far more important issue to be addressed. The less-monied spouse is typically a woman who has sacrificed her career and given up her financial independence for her husband, children, and the functioning of the household. When the marriage ends, the woman is at a severe disadvantage in establishing financial stability for herself, having been out of the workforce for years. Existing law simply failed to secure protection for these women.”

In another case, NYLAG Housing Project Attorney Sunny Noh represented a single mother who was wrongfully accused of taking part in drug trafficking. In the Spring of 2009, the police executed a search warrant on MB’s home while her estranged brother, whom the police suspected of drug trafficking, was in the apartment. Another family member had allowed MB’s brother to enter the home without her knowledge, which led the police to suspect MB of collusion in his dealings. The search uncovered no evidence to support the claim of her involvement, yet the District Attorney directed MB’s landlord to file a holdover petition against her on the grounds that the house was being used as a staging ground for drug trafficking. Noh filed a motion to dismiss. “It can be a really messy case for someone, through no fault of their own,” said Noh. “The prosecution needs to be able to actually support this kind of claim.” The judge agreed with Noh that the evidence did not support the eviction petition and dismissed the case. Aimco 759 St. Nocholas, LLC v. Brown, 8/18/2010 N.Y.L.J. 1, (col. 1)

Benefactors

Skadden, Arps, Slate, Meagher and
Flom LLP & Affiliates

DLA Piper

Champions

Cadwalader, Wickersham & Taft LLP
Fried, Frank, Harris, Shriver & Jacobson LLP
Greenberg Traurig, LLP
Kirkland & Ellis LLP
Kramer Levin Naftalis & Frankel LLP
Merrill Corporation
Mindy & Jon Gray
O’Melveny & Myers LLP

The question presented in the case was whether Ms. Watson could file an action for criminal contempt in the District of Columbia Superior Court against John Robertson for violating an order of protection issued in her favor after the U.S. Attorney’s office had agreed not to pursue criminal charges against him for the same incident. The courts of the District of Columbia said yes, and jailed him after a horrific attack in which he beat her and poured Drano on her, causing chemical burns and resulting in medical fees of over $10,000. The case could have important repercussions for the practice of family law and the protection of domestic violence victims. For example, ongoing violations of a visitation order cannot always be remedied by cutting off the relationship with the child, though the imposition of a fine or a few days in jail may prevent future violations. Moreover, in domestic violence cases it is critical for victims to have every remedy available at their disposal without having to rely on the government to prosecute.

On appeal, the D.C. Court of Appeals did not vacate Mr. Robertson’s convictions, but the U.S. Supreme Court granted certiorari. NYLAG’s brief, filed in support of Ms. Watson, argued that if family court litigants, especially in child visitation and support actions, cannot file criminal contempt actions in their own names but instead must rely on a government official to do so, many important family court orders will go unenforced, potentially wreaking havoc on the lives of women and children.

The process of writing the brief involved “lots of late nights drafting, editing and revising,” says Ms. Brandt-Young. Ms. Guerrero, who joined NYLAG in October of 2009, describes the process as inclusive and highly collaborative. “When we completed the first draft I was impressed by how well we had collaborated. Every person’s input was taken into account and the final brief was polished and, I hope, very persuasive.”

Amici often wonder whether their briefs will be utilized or have any discernible effect upon the court. In this case however, the attorney for Ms. Watson, referred directly to “amicus briefs” relating to family law, which was the subject of NYLAG’s brief. So while the case will likely not be decided for several more months, NYLAG and Cleary Gottlieb are confident that their opinion has been taken into account by the highest court in the United States.

After graduating from law school, Ms. Guerrero joined the law firm of O’Melveny & Myers, LLP where she had extensive experience with pro bono work. She began volunteering at FLU in August 2009 and will continue to enhance the unit with her passion for law and her fluency in Spanish.

Ms. H contacted NYLAG for help with a divorce from her abusive husband. After working with her, the Kirkland & Ellis pro bono team realized that an order of protection might also be in Ms. H’s interest because her husband continued to pose a danger to her.

The addition of an order of protection created complications within the case, changing it from an uncontested divorce to a contested divorce. It took more than 11 months, and multiple court appearances before the judge finally ruled in favor of Ms. H. She was granted a 5-year order of protection and the divorce settlement will be finalized within the month. Thanks to the assistance from her legal team, Ms. H can now leave her abusive marriage behind her and move on with her life.

FLU staff attorney Kirsten Brodsky provided mentoring support throughout the case, which the Kirkland & Ellis attorneys found very helpful. “We couldn’t have done it without NYLAG guiding us through the process,” Ms. Wollensack said.

The Kirkland & Ellis attorneys all feel that working with Ms. H has been a very rewarding experience. ”When you represent a lot of large corporate clients like we do, it is a very positive experience to also be able to represent an individual client like her ” said Mr. Shah. Ms. Daly added, “She was very happy with the judge’s ruling, and it was a pleasure working with her.”

Project Eden’s success in helping clients through a seamless system of referrals, legal consultation, and representation is what first led the David Berg Foundation to fund the project in 2007. The Project’s continued success has led the David Berg Foundation to approve a renewal of this funding for the next two years. Project Eden will now be able to continue providing legal services and educational opportunities for Jewish victims.

In a recent Project Eden case, dedicated FLU attorney Kate Wurmfeld represented Mrs. T. in a family court action in which her husband was seeking to enforce a visitation order from an Israeli Court, arguing that she had consented to jurisdiction by requesting a GET (Jewish Divorce) in that court. Ms. Wurmfeld filed a motion to dismiss, arguing that because there was a final order of custody from the Brooklyn Family Court, Israel did not have jurisdiction to issue such orders under the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA).

The Court granted the motion to dismiss and not only affirmed the arguments regarding jurisdiction, but strongly agreed that Mrs. T had no choice but to travel to Israel to obtain a GET and that her Husband was now attempting to re-litigate the custody case in a forum more favorable to him. Mrs. T’s husband has indicated that he will appeal this decision, and NYLAG’s Appellate Representation Project will defend it.

Ms. Kayabas’s main responsibilities in FLU include intake, preparing training materials, public relations and developing effective strategies for capacity building in the Unit.

A recent graduate of Binghamton University, Ms. Kayabas majored in Psychology. As an undergraduate, she was the Fundraising Coordinator for the campus chapter of Habitat for Humanity and vice-president of a student group aiding homeless and low-income members of the local community.

Launched by Mayor Bloomberg in response to President Obama’s call to service, NYC Civic Corps’s main goal is to make New York City the easiest city in which to volunteer. By establishing new volunteer programs in over 50 different host sites, the first inaugural class of Civic Corps members is creating an environment that helps foster a sense of civic responsibility and desire to help low-income individuals in the city they call home.

FLU utilized this grant to open the Women’s Clinic for Victim Protection, allowing FLU attorneys to provide free legal services to victims of crimes of domestic violence, sexual assault, stalking and trafficking in their criminal proceedings. Previously FLU’s representation was limited to civil cases related to matrimonial and family law. Now FLU attorneys are able to branch out into criminal court to help uphold the rights of victims affected in criminal proceedings.

In addition to providing direct legal representation, through this grant FLU can now provide training for law enforcement officials, prosecutors, civil attorneys, and crime victim advocates to educate them on utilizing the criminal justice system to its full capacity on behalf of crime victims. These trainings address many topics related to crime victims’ rights, including the history of victims’ rights, victim impact statements, restitution and other rights at sentencing, how New York’s victims’ rights laws compare to the national landscape, and ethical issues that may arise while defending victims’ rights.

The first of these training seminars, which was held on September 11th, was presented by NCVLI Executive Director Meg Garvin, Carol Schrader and Alison Wilkinson. The seminar’s success was apparent in not only the number of people in attendance- more than 45- but also in feedback from the attendees. The seminar’s participants were very impressed with the overall execution and clarity of the material presented, as well as the amount of vital information that was conveyed.

FLU Director Kim Susser and Associate Director Lisa Rivera continue to educate fellow attorneys as well as social service professionals and District Attorneys by offering numerous trainings on this topic. Providing others with the information necessary to protect victims’ rights will hopefully lead to fewer victims being lost in the complex criminal court system.

FLU has been working with domestic violence victims for twenty years and will continue to use that expertise to educate victims on their rights in criminal proceedings. By reaching out to hospitals, courts, social service organizations, and community-based organizations, FLU hopes to continue to identify victims in need and help them maneuver the complex criminal justice system.

At trial, Ms. D demonstrated to the court that she had suffered intolerable physical and emotional abuse, including a sexual assault and beatings with a belt in front of her children. After the trial court issued a five-year stay-away order of protection in favor of Ms. D and her children, and ordered that the batterer’s visitation be supervised pending trial, the batterer defaulted and a final order of custody was issued to Ms. D.

Due to the current economic crisis, New Yorkers are increasingly calling on the Leap Coalition’s legal services providers. The conference represented the first occasion that the organizations could address this issue collectively. Lisa Rivera, a NYLAG supervising attorney and conference coordinator, described the impetus for the conference: “We as legal services providers face a difficult challenge. The needs of our indigent and working poor clients are increasing, with the added challenge of tightening budgets. The conference provided the basis for a fruitful discussion of effective solutions.”

Presentations, organized around the theme of “Civil Legal Services Respond to the Economic Crisis,” took place throughout the day. Presenters discussed topics such as foreclosure defense, health insurance for the unemployed, domestic violence, housing court practices and debt collection defense.

Two NYLAG Family Law Unit attorneys, Amy Hozer and Anya Emerson, gave panel-style presentations that focused on domestic violence in the current economic climate. They specifically discussed representing clients who are in receipt of, or whose children are in receipt of, Supplemental Security Income or Public Assistance and how the receipt of such benefits can alter the litigation strategy.

Hozer feels that the conference succeeded in its goal to facilitate discussion, particularly through its panels. “The Leap conference allowed public interest attorneys the opportunity to share their individual areas of expertise with one another in a relaxed setting which, by design, invited dialogue among the participants. I believe that presenters and participants left the conference feeling more confident and better prepared to address the legal issues arising from the recent economic crisis.”

Sue Zachman saw the Kirkland and NYLAG pro bono collaboration as an opportunity for her associates to serve a growing number of low-income clients in need of free legal assistance. While uncontested divorces often do not require any court appearances, the drafting, filing in Supreme Court of the State of New York, and serving of the documents can be daunting to a client. The assistance of a lawyer in these matters is critical for ensuring that the client established sound grounds for the divorce and file all of the required documents.  Significantly, a lawyer can help a client, who may not speak English well or who is not literate, for example, maneuver through the complex court system efficiently and effectively.

Zachman also realized that her associates would benefit from the collaboration as a new and rich advocacy experience.  When she was evaluating potential pro bono projects that would be suitable for corporate attorneys, Zachman thought that uncontested divorce matters would offer a great opportunity to conduct client interviews, draft papers, and learn how to handle the service process and manage a case. While these tasks appear on their face to differ from much of the day-to-day transactional legal work handled by corporate associates, in practice they actually correspond quite well to the type of skills needed to excel as a corporate attorney – client-relationship skills, overcoming bureaucratic hurdles and managing a project to timely completion.

Zachman first became acquainted with NYLAG shortly before she started law school when she volunteered with the Disability Advocacy Project and worked on Social Security benefits appeals. Through her work at NYLAG, she became adept at obtaining crucial medical evidence and also learned about interview techniques, the boundaries of attorney-client relationships, and how to advocate for a client by presenting her case as a meaningful, coherent story. Zachman felt that her junior corporate attorneys also could obtain valuable experience and develop similar skills working on uncontested divorce cases. “It can be hard for corporate attorneys to figure out what they can do in a pro bono context,” said Zachman. “Much of the pro bono work NYLAG offers can seem so foreign. It’s been great to be involved in pro bono work and to see other attorneys getting excited about work with NYLAG’s clients. Many of our attorneys weren’t sure they could fit pro bono work into their busy schedules. Now that they have fit some of this important work into their work plans, and seen the rewards, many are making sure that as business picks back up, they can continue to be involved with the uncontested divorce project and other pro bono endeavors.”

To kick off the project, Antoinette Delruelle, a staff attorney in NYLAG’s Matrimonial and Family Law Unit, conducted a training session at Kirkland & Ellis last December.  She and other NYLAG staff attorneys also mentor Kirkland & Ellis attorneys as they work on their cases.

Alison Sclater, NYLAG’s Director of Pro Bono said, “Kirkland & Ellis is providing an incredibly valuable service to clients who want a divorce but otherwise would not have help from an attorney.  We are grateful to Sue, in particular, for building a strong project within the firm and helping us provide assistance to many more clients than we would be able to serve on our own.”

Ms. M first contacted NYLAG in 2007 and has since received assistance on six separate matters that touch on issues including domestic violence, divorce, child support, child custody, guardianship, and immigration asylum based on female genital mutilation. To ensure that all of Ms. M’s legal problems were addressed, a collaborative effort was made by drawing on the expertise and experience of NYLAG’s Domestic Violence Clinical Center (DVCC), its Pro Bono Program, and two NYLAG Units. Ms. M’s case, and many like it, demonstrates the power of the intra-organization collaboration that makes NYLAG unique and effective in changing the lives of New Yorkers for the better.

Amanda Beltz and Virginia Goggin, then clinical students in the DVCC supervised by Lisa Rivera, the Associate Director of NYLAG’s Matrimonial and Family Law Unit (FLU), were the first to provide legal assistance to Ms. M. Their diligent research and advocacy resulted in positive outcomes for Ms. M in family court. They obtained an order of protection against her abusive husband, secured her sole custody over her child, and won a child support award.

One year later, Ms. M contacted NYLAG for help in seeking a divorce. She told stories of abuse that included her husband burning her with a cigarette and threatening her with a knife. Alison Sclater, NYLAG’s Director of Pro Bono, secured Ms. M pro bono counsel from the law firm of Simpson Thacher & Bartlett LLP, who then filed a divorce on the grounds of cruel and inhuman treatment. Initiated last year, the divorce was recently granted.

Following her successful divorce proceedings, Ms. M again approached NYLAG for assistance regarding the protection of her niece, an immigrant from Guinea who was genitally mutilated at age 5. Ms. M needed help to obtain guardianship of and asylum for her niece.  FLU’s Amanda Beltz, now a Skadden Fellow, and Franca Kaloko, a paralegal and Board of Immigration Appeals Accredited Representative with the Immigrant Protection Unit’s (IPU) successfully represented Ms. M.  They were able to obtain temporary guardianship while simultaneously filing an asylum petition on the niece’s behalf. The situation was urgent and complicated—the seven-year-old child had no documents and was approaching the one-year deadline for filing for asylum. She also urgently needed continued health care of high quality, as she was at the time recovering from spinal cord surgery in addition to having tuberculosis. NYLAG attorneys filed her application for asylum efficiently and effectively, ensuring that the child would not be deported.

NYLAG attorneys continue to be in contact with Ms. M, as she considers the possibility of naturalization. Ms. M’s cases demonstrate that having access to free legal services on multiple issues through one, integrated provider builds trust and lasting relationships, which ultimately benefits NYLAG’s clients.

FLU Director Kim Susser and attorneys Amy Hozer and Kirsten Brodsky toured Israeli domestic violence shelters, counseling centers, and treatment centers, as well as a treatment program for violent men. The attorneys visited facilities that work with Russian and Ethiopian immigrants, trafficking victims and sex workers, as well as marginalized Bedouins.

FLU attorneys shared their expertise as well. Along with Shana Frydman of Met Council, and Mara Schecter and Donna Dougherty of JASA, Ms. Susser presented on New York’s Family Justice Centers, a court initiative that serves family violence victims holistically by bringing social services, legal services, and criminal prosecution services together in one location. Ms. Brodsky presented on the challenges and rewards of her work in the US with Russian immigrants.

FLU’s attorneys took home valuable lessons from the exchange, which Ms. Brodsky called “one of the most amazing and interesting educational experiences in my life.” Ms. Susser was particularly interested to learn about the unique role of social workers and psychologists in Israeli family law practices.

Devoting two full days a week to volunteering at FLU while enrolled full time in college hasn’t been easy. But for Sara the experience has been richly rewarding. Her work so far has included intake interviews, assisting at Single Stop intake sites, and drafting uncontested divorces. “It’s a learning experience every week,” Sara said.

“It sounds corny,” Sara says, “but I’m really inspired by everyone in FLU and the relationships that they have with their clients…I want to be able to help people and have the same kind of commitment level that the attorneys in FLU have.”

Now a rising senior and political science major, Sara will apply to law school next fall. Inspired by her work at FLU, she plans to become a domestic violence lawye

The pro bono lawyers were Veronica Wissel and Fraser Hartley, associates at the international corporate law firm Shearman & Sterling LLP. They were supervised by partner Douglas Bartner and mentored by FLU attorney Kira Schettino.

Ms. Wissel and Mr. Hartley assisted Mr. M, an 86-year-old man who had been ordered to pay alimony after his divorce in 1967, and who could no longer afford to make the payments. Mr. M had been retired for many years, and he hoped to leave his remaining savings to his second wife, to whom he had been married for 20 years.

Ms. Wissel and Mr. Hartley successfully petitioned for Mr. M’s alimony order to be vacated, creating significant financial relief for Mr. M and his wife. While both had some litigation experience, neither Ms. Wissel nor Mr. Hartley had prior experience with the Family Court.

The best part of the experience, both agreed, was working with Mr. M. “It was a pleasure […] The client was incredibly appreciative. It was all in all a very good experience,” said Ms. Wissel. Mr. Hartley explained, “As an associate you don’t always get to work one-on-one with a client. [Mr. M] was really great. I definitely enjoyed working with him […] and we were glad to help him.”

Both lawyers agreed that partnering with NYLAG had made their pro bono experience easier and more enjoyable. “It was wonderful to have Kira [Schettino, staff attorney] and FLU there as a resource,” Veronica said. “Kira was always easily accessible […] but she let us handle the case as we saw fit,” added Fraser.

Ms. Susser has advocated for the rights of domestic violence victims since 1996, and is currently the Director of FLU. In addition to representing clients in domestic violence cases and supervising the nine other lawyers in the Unit, Ms. Susser also serves as adjunct professor at St. John’s University School of Law where she directs the Domestic Violence Clinical Center with FLU’s Associate Director, Lisa Rivera.

Training future domestic violence advocates has long been one of Ms. Susser’s passions, and many of her students at the Clinical Center have gone on to advocate for victims at NYLAG, the Legal Aid Society, and other public interest practices. Ms. Susser also frequently speaks and trains practicing lawyers on domestic violence issues. She has contributed articles to the Lawyer’s Manual on Domestic Violence and is a longtime member of the Lawyers Committee Against Domestic Violence and the Domestic Violence Committee of the New York City Bar Association.

The McDonald award is given annually to two attorneys, nominated by their peers, and is meant to “recognize the vital services of attorneys who work in the Family Court in New York City.” The award was established in honor of Kathryn McDonald, a former Supervising Judge of the New York City Family Court.

Also honored with the McDonald award this year was Emily Kitay, a staff attorney at the Legal Aid Society’s Juvenile Rights Practice. The award was presented by the Honorable Judy Harris Kluger, Chief of Policy and Planning for New York State’s Unified Court System.

This victory preserved a domestic violence victim’s stay-away Order of Protection after the Order had been appealed to the New York Supreme Court’s Appellate Division.

Ms. S’s three-year relationship with Mr. D was marked by verbal, emotional, and physical abuse. In 2007, Ms. S. petitioned for and was awarded a full two-year Order of Protection covering her and her child.

But Ms. S’s abuser simply moved the abuse into the courtroom, appealing the Order of Protection on the spurious grounds that the trial court should have required Ms. S to testify as to his abuse twice, once in a fact-finding hearing and again in a dispositional hearing, even though he failed to request such a hearing at trial.

Ms. Brandt-Young successfully argued that the Order of Protection had been justly ordered and should continue to be in effect, as no dispositional hearing was required. While a dispositional hearing may be called for when the history of abuse is complex or the case calls for an unusual dispositional order, no such hearing was required in this relatively straightforward case.

“This is important for battered women,” Ms. Brandt-Young said, “as it means they will not be required to testify twice in all family offense [domestic violence] cases,” helping to preserve their dignity in the proceedings.

Ms. Susser is nationally renowned for her leadership in advocating for domestic violence victims. In addition to providing direct legal representation to clients and supervising nine other lawyers in NYLAG’s Family Law Unit, Ms. Susser also serves as an adjunct professor at St. John’s University School of Law. The McDonald Award is given annually to two attorneys, nominated by their peers, and is meant to “recognize the vital services of attorneys who work in the Family Court in New York City.” The award was established in honor of Kathryn A. McDonald, a former Supervising Judge of the New York City Family Court.

At AVP Ms. Smithson helped run a 24- hour crisis hotline for LGBTQ people and counseled hundreds of clients in emergency situations, including victims of domestic violence and sexual assault.

Ms. Smithson’s responsibilities at NYLAG include conducting intake interviews, assisting with uncontested divorces, and advocating in the New York City Family Courts. She graduated from the University of California at Santa Cruz in 2006, where she became fluent in Spanish.

Among the many legal issues addressed through the Project is domestic violence. As in any community, the problem of domestic violence among same-sex couples is prevalent. The case of JP, a young man who sought help from NYLAG is just one example. JP was referred to NYLAG’s LGBT Law Project after he spoke with a counselor at the New York City Gay and Lesbian Anti-Violence Project (AVP). For almost one year, JP lived with his boyfriend TS in a constant state of fear. TS, a drug addict, repeatedly asked JP for money to purchase cocaine. When JP would refuse, TS would become enraged, and subsequently threaten and physically abuse JP. Fearing for his life, JP left his apartment and took up temporary residence with a friend.

NYLAG Orrick Fellow Virginia Goggin and legal intern Ben Salvina assisted JP in preparing a petition for a temporary exclusionary Order of Protection at Manhattan Family Court. JP stated in his petition that TS had choked him, threatened him with a knife, held him against a wall, destroyed almost all of his personal belongings, and threatened to take his dogs to a shelter where they would surely be put down. The referee believed JP’s allegations and granted the temporary Order of Protection.

With further assistance from NYLAG advocates, JP returned to the Manhattan Family Court one week later to request a final exclusionary Order of Protection. When TS failed to appear at the hearing, Virginia Goggin performed an inquest in which she asked JP to relay the allegations to the presiding judge. The judge found JP to be credible and granted a two-year exclusionary order of protection that directed TS to stay away from JP and his two dogs. In the end, JP was able to have the police escort TS out of his apartment.

A native of Connecticut and a 2008 graduate of St. Johns University School of Law, Ms. Beltz learned to speak Arabic and Berber while serving as a Peace Corps volunteer in Morocco.

As a law student, Ms. Beltz received the Pro Bono Service Award and the Association of Women Lawyers Outstanding Law Student Award. She served as an intern at the Global Justice Center and as the Frontline Editor at the St. Johns Journal of Legal Commentary.

Ms. Beltz is a former participant in FLU’s Domestic Violence Clinical Center, demonstrating that the Clinic is meeting one of its primary goals by educating a new generation of lawyers with knowledge of domestic violence issues. Indeed, Ms. Beltz is the sixth Clinic alumna to be hired by NYLAG.

Founded in 1988 by the law firm Skadden, Arps, Slate, Meaher, & Flom, LLP, the Skadden Fellowships are extremely prestigious public interest law fellowships. Lasting for two years, the Fellowship sponsors promising new lawyers interested in public interest work by placing them at nonprofit legal service providers and paying their full salary. Ms. Beltz is the third Skadden Fellow placed at NYLAG in the last five years.

With Sidney Cherubin of the Brooklyn Bar Association’s Volunteer Lawyers Project, FLU attorney Amy Hozer trained a group of twenty pro bono lawyers the lawyers received Continuing Legal Education credit for their participation. Ms. Hozer developed her expertise in Article 17A when she worked at The Family Center.

This training was the kickoff event for the Brooklyn Bar Volunteer Lawyers Project’s new Article 17A initiative. Simple and rewarding, these cases are an excellent introduction to pro bono work. After Ms. Hozer’s training, more than a dozen pro bono lawyers signed up to participate in the program.

In one successful case, NYLAG attorneys Antoinette Delruelle and Kira Schettino won a contested divorce case involving a low-income, domestic violence victim. NYLAG is one of the few legal aid organizations that represents clients in contested divorces.

Ms. U, an immigrant, moved to the U.S. and married, only to find herself trapped in a violent relationship soon thereafter. She and her son endured physical, psychological and emotional abuse. With NYLAG’s help, Ms. U filed for, and was eventually granted, legal permanent residency under the Violence Against Women Act. She later filed for divorce, which her batterer contested. After a fiveday trial in Manhattan Supreme Court, Ms. U’s divorce, and therefore a safe and independent lifestyle, was granted.

To bolster NYLAG’s capacity to serve clients with domestic violence issues, FLU mentors pro bono attorneys from New York’s top law firms. In March, Valerie Cohen, an Associate at O’Melveny and Myers, LLP, secured an important victory for, Ms. K, a victim of domestic violence.

Ms. K is an elderly woman who has both hearing and physical disabilities. She came to NYLAG because she needed representation to defend against an order of protection filed against her in retaliation by her abuser. With supervision from FLU attorney Kirsten Brodsky, Ms. Cohen was successful in having this case against Ms. K dismissed. Poverty causes domestic violence and domestic violence causes poverty. FLU’s experienced advocates are trained to deal with the complexities of family law to improve the lives of DV victims.

In February, FLU attorney Christina Brandt-Young, working as part of NYLAG’s Appellate Representation Program, received a favorable decision from the New York Supreme Court, Appellate Division, Second Department in a domestic violence and child custody case. The Appellate Representation Program focuses on representing victims of domestic violence in appeals to ensure access to justice in the appellate and trial courts.

NYLAG’s client, Ms. J, had a child with an abusive partner. Soon after, in an effort to evade continuing abuse from the father of the child, she and her child relocated to Illinois. Ms. J and the father subsequently filed custody petitions in Illinois and New York, respectively. Later, the father appealed a decision from the Queens Family Court that established Illinois as “a more appropriate and convenient forum” for determining custody.

Through extensive advocacy, Ms. BrandtYoung persuaded the Second Department that the lower court’s ruling that Illinois was the proper jurisdiction was in fact correct. The father’s petition was denied and Ms. J was able to continue fighting for custody in Illinois. She and her child now live without the threat of the father’s continuing abuse and violence.

In addition to protecting the victims, this case represents NYLAG’s ability to affect systemic change and set new precedent. The Family Court’s opinion in this case interprets the implementation of the Uniform Child Custody Jurisdiction and Enforcement Act, which is only five years old. This case may act as a model for future appeals cases and showcases the Appellate Representation Program’s goals of educating appellate courts about domestic violence and promoting good judicial decision making at the trial level.

NYLAG had the largest constituency of any legal group at the Partnership Conference. Fifty-six NYLAG staff members participated in the conference workshops addressing the core areas of poverty law: consumer, disability, elder, family, health, housing, immigration, special education and welfare. The conference offered 44 different workshops.

Several NYLAG staff members presented in these workshops. Lisa Rivera, the Associate Director of NYLAG’s Matrimonial and Family Law Unit (FLU), spoke on using evidence effectively in custody litigation. FLU attorney Christina Brandt-Young, co-presenting with colleagues from other legal aid programs, conducted a session on international human rights law in civil domestic violence litigation. NYLAG’s General Legal Services Director, Randal Jeffrey, led a session on welfare and fair hearings. Rita McLennon, NYLAG’s Director of Development, organized a session entitled “A Right to Counsel: The History and A View to the Future of the Civil Legal Services Movement”. Randye Retkin, Director of NYLAG’s LegalHealth Division, both moderated and presented on the medical-legal partnership model of service delivery. After the first two days of intense work, conference participants relaxed and enjoyed themselves at the Partnership Bash hosted by NYLAG. Music for dancing that went into the wee hours of the night was provided by Lou Bologna, a wellknown Albany DJ.

NYLAG’s President, Yisroel Schulman, said, “This conference provides legal service advocates with a rich opportunity to develop our profession for the purpose of better serving our clients. We are grateful to the New York State Bar Association.” Mr. Schulman served on the Conference Steering Committee.

Over the next two years, Ms. Emerson will coordinate and train pro bono and non-profit attorneys to represent domestic violence victims in appellate cases, and will assist in establishing a briefbank on key issues in domestic violence appellate representation.

Ms. Emerson comes to NYLAG from a clerkship with Hon. Jack Weinstein of the US District Court for the Eastern Division of New York.

She attended Stanford University and the Columbia University School of Law, where she was an editor of the Columbia Human Rights Law Review.

Ms. Emerson’s prior experience includes work with the Legal Aid Society, Fair Housing Justice Center, and Sanctuary for Families, where she assisted immigrant victims of domestic violence in the areas of contested divorces and public benefits.

Samuel Asarnow joined NYLAG as a paralegal in September.

Mr. Asarnow’s primary responsibilities include intake, assisting with NYLAG’s Single-Stop program, and advocating in Family Court.

A recent graduate of Swarthmore College, Mr. Asarnow majored in philosophy, adjudicated at two international debate tournaments, and as student body vice-president helped organize anti-oppression training for student government and cultural groups.

With programs in New York City, Washington, DC, Chicago, and New Orleans, AVODAH organizes recent college graduates in a yearlong program that combines fellowships at antipoverty nonprofits with communal Jewish living and study.

This year, Ms. Hozer trained families in permanency planning options available to parents dealing with HIV/AIDS, explaining the steps they can take to plan for the future care and welfare of their children.

Three other NYLAG attorneys and paralegals, Tina Janssen-Spinosa, Jamie Shanker, and Kamilla Sjodin, also participated in the workshops, leading trainings for Birch attendees on health care and advance directives, how to navigate the Social Security system, and various housing issues.

Organized by Birch Family Services, the Birch Family Camp is free for all attendees and is supported by the work of over 200 volunteers per year.

NYLAG has partnered with the Birch Family Camp since 1995, offering a variety of legal trainings at Birch each summer.

She presented on key issues in contested and uncontested divorces. Alison Sclater, NYLAG’s Director of Pro Bono, gave an overview of pro bono opportunities at NYLAG.

The focus of the webinar was a 30-minute training concerning substantive legal issues surrounding uncontested and contested divorces, including equitable property distribution, maintenance (spousal support), child support, and the contested divorce process.

Pro Bono in New York is sponsored by the New York Community Trust. Look forward to upcoming webinars in November and December, hosted by the City Bar Justice Center and the Legal Aid Society.

Ms. M and her husband were married in Bangladesh in the summer of 1998, and welcomed the birth of their first child one year later in the United States.

Upon their immigration, however, Mr. M. quickly became abusive, and both Ms. M. and her young daughter suffered years of serious physical, emotional, and sexual abuse, causing them extensive and prolonged injuries and psychological trauma.

Fleeing her husband in 2003, Ms. M. successfully petitioned for divorce in 2007. With NYLAG’s assistance, Ms. M. was granted the divorce, as well as $811.00 per month in child support, a final order of protection against her ex-husband, and equitable distribution of their marital assets.

But her ex-husband refused to pay. Citing health concerns for which he had no legitimate medical records, Mr. M. failed to pay thousands of dollars in child support and tens of thousands of dollars generated from the liquidation of the marital assets.

This caused Ms. M. extreme hardship: her limited English skills, her responsibilities for caring for the child, and Mr. M’s vindictive use of his connections within their immigrant community had made finding employment nearly impossible.

Ms. M. was represented by Kirsten Brodsky, FLU staff attorney. Ms. Brodsky represented her at trial, and on October 10, the Court decided in favor of Ms. M., and entered a money judgment for $134,055, the entire sum that she had sought.

After Ms. C. became disabled, she found that the child support payments she was using to help raise her son were no longer enough.

She went to Court twice seeking to raise her payments, but found herself frustrated by the system and still unable to provide her son with necessities, let alone medical insurance for health problems he had experienced.

NYLAG referred Ms. C. to Howrey. Ms. Hunter represented Ms. C. in several court appearances, and negotiated a favorable settlement increasing Ms. C’s child support payments from $302.00 per month to $650.00 per month and requiring the father to provide health insurance for his son.

Ms. Hunter said that doing pro bono work for NYLAG was rewarding on multiple levels:

“This case had a little bit of everything for me: it had the heartwarming story of a woman trying to do what was best for her child and herself, it had the opportunity to get into court to actually conduct a hearing, to negotiate settlement with opposing counsel…I think ultimately [this experience] will help to make me a better lawyer.”

Ms. Hunter added that NYLAG had been a useful and supportive resource:

“Antoinette [Delruelle, Esq.] was very helpful all along the way…I would encourage my colleagues to take on similar cases.

In an unusual move, the Referee changed custody of the young girl from her father to her mother, citing the father’s rigid and authoritarian parenting style, and his failure to address his domestic violence and alcoholism.

This was the second custody trial in this complex matter. The first was overturned on appeal because the Family Court did not consider the domestic violence suffered by the mother. The Appellate Division sent it back to the family court for a new trial.

FLU Director Kim Susser was the lead attorney on the case, and she was assisted by Staff Attorneys Elizabeth Engel and Christina Brandt-Young.

Ms. R expressed her gratitude in an e-mail to the attorneys:

“Just wanted to say thank you again and again, and I will never forget you…Thank you […] for being there for me when I needed you and for helping me win. I love you very much for bringing my baby girl home again.”

This year’s conference was organized around the theme of “Justice in a Challenging Time,” and included presentations on topics in public benefits, family law, consumer law, housing, and immigration.

Lisa Rivera co-facilitated a workshop on using evidence effectively in custody litigation. She presented on substantive issues concerning the complex rules of evidence at play when litigating custody cases, and led an interactive problem-solving session for lawyers in attendance to examine strategies and develop solutions.

Joining Ms. Rivera in facilitating the presentation were Susan Griffith of the Frank H. Hiscock Legal Aid Society in Syracuse and Emily Ruben of the Legal Aid Society of Brooklyn.

Appellate attorney Christina Brandt-Young, together with Caroline BettingerLopez, Deputy Director of the Human Rights Institute at Columbia Law School, and Steve Watt of the ACLU, co-presented on the use of international human rights law in civil domestic violence litigation.

Ms. Brandt-Young presented on strategies for arguing that domestic family offenses constitute violations of internationally recognized human rights. Ms. Bettinger-Lopez explained how international human rights law may be applied directly to domestic violence cases. She presented on a domestic violence case, Gonzalez vs. United States, that she has helped bring to the InterAmerican Commission on Human Rights.

The case is an attempt to argue that Congress’ support and enforcement of the Violence Against Women Act does not adequately protect American domestic violence victims’ internationally-recognized human rights.

NYLAG’s Domestic Violence Clinical Center and the University of Texas School of Law co-authored an amicus brief that was submitted in conjunction with 12 amici to the InterAmerican Commission on Human Rights on behalf of Ms. Gonzales in her petition against the United States.

In 2005, the United States Supreme Court ruled that Ms. Gonzalez could not recover relief under the U.S. Constitution when local Colorado police failed to answer her calls to enforce her order of protection, and thereby failed to prevent her ex-husband from killing their three daughters.

NYLAG was asked to file an amicus brief at the IAC by Ms. Gonzales’s attorneys at the ALCU. The brief argues that Congress’ support and enforcement of the Violence Against Women Act is not a defense to violation of American domestic violence victims’ human rights. For a copy of the brief go to http://www.aclu.org/pdfs/womensrights/gonzales_benefits_20081017.pdf

Ms. Cooper was a summer associate at FLU in 2007, and brings experience working with The Innocence Project and the US Department of Health and Human Services.

Ms. Deutsch is also returning to FLU, having worked on Project Eden as a part of the Domestic Violence Clinical Center in 2006. Her other public interest legal work has included internships at the Center for Family Representation and the Legal Aid Society. At NYLAG she will continue to work with Project Eden, a collaborative program with the Kings County District Attorney’s Office, and social services agencies, which provides civil representation to Orthodox domestic violence victims.

Ms. Goldstein was a FLU summer associate in 2007 as well, and served as a project assistant for Project Eden in the spring of 2008. She also has served as an intern with Hon. David Schmidt of the Kings

Each student was assigned an attorney to act as a supervisor and mentor. After an orientation, students spent their time meeting with clients, conducting research, participating in legal clinics, going to court, and drafting correspondence, petitions, motions, and other legal documents. Some interns also engaged in oral advocacy at administrative hearings, helping clients appeal denials of public assistance, food stamps or Social Security benefits.

Kyle Dandelet, a law student from Penn who interned with the Special Litigation Unit said, “I sharpened my research, writing, and advocacy skills, and developed a more sophisticated understanding of legal procedure. I also became passionate about the issues NYLAG undertakes, serving to reaffirm my commitment to a career in public interest.”

NYLAG’s summer program also included a 26-session training series designed to introduce students to poverty law, covering topics such as representing victims of domestic violence in Family Offense proceedings and child custody cases; handling landlord/tenant disputes in housing court; and helping clients obtain Social Security, public assistance, and public health insurance benefits.

A panel of NYLAG attorneys also conducted a session on ethical issues that can arise in civil legal services work. In addition, staff attorneys held brown bag lunches to discuss the clerkship and fellowship application process, as well as how to incorporate pro bono work into private practice, which was led by NYLAG Board Member Scott Musoff of Skadden, Arps, Slate, Meagher & Flom LLP. The interns and staff also enjoyed spending time together at several social events, including happy hours, a Brooklyn Cyclones baseball game, and an afternoon picnic in Central Park.

Margo Hoppin, a law student from NYU who interned with LegalHealth said, “I came in knowing very little, and left feeling effective and useful when working with a client. Everyone I worked with was always willing to help, supervise and include me in their cases. I couldn’t have asked for a more stimulating or friendly environment in which to start learning how to be a lawyer.”

NYLAG also wishes to thank the law firms of McKee Nelson LLP, Schulte Roth & Zabel LLP, Weil Gotshal & Manges LLP, and White & Case LLP, who sent summer associates to spend a portion of their summer volunteering in our office.

Created in 1998, the Domestic Violence Clinical Center (DVCC) uses the power of the law to help women combat domestic violence. It operates as a collaborative project between NYLAG and area law schools, offering a year-long externship for second and thirdyear law students to learn the skills necessary to represent battered women in Family Court.

Under a Student Practice Order that allows them to practice under the supervision of NYLAG attorneys, DVCC students litigate family offense and domestic violence-related visitation and custody cases, handling matters from initial client consultations to court hearings. In addition, the students learn from practicing NYLAG attorneys about family, immigration and criminal law matters related to domestic violence. By providing the opportunity to both learn and litigate, the Clinic simultaneously bolsters NYLAG’s capacity to serve clients with domestic violence issues and provides students with valuable public interest law experience.

The DVCC was launched ten years ago with the generous support of the late Marty Silverman, whose memory was honored at the 10 th Anniversary celebration. Yisroel Schulman, NYLAG’s President & Attorneyin-Charge, presented a plaque to the Silverman Charitable Group noting that the DVCC is continuously inspired by Mr. Silverman’s ever present spirit. Mr. Schulman said that the DVCC staff and volunteer’s embrace Mr. Siverman’s spirit of service as well as one of his favorite mantras, “We are not through until we are through.”

NYLAG is grateful to all the guests who supported DVCC through the 10 th Anniversary Celebration and we especially want to recognize the event’s major sponsors: Cleary Gottlieb, O’Melveny & Myers LLP, CBS Corporation, St. John’s University School of Law, Dorsey & Whitney LLP, Alston + Bird LLP, and Abby S. Milstein, Esq.

For more information about the Domestic Violence Clinical Center, contact Lisa Rivera, Esq., at lrivera@nylag.org

Under a Student Practice Order that allows them to practice under the supervision of NYLAG attorneys, DVCC students litigate family offense and domestic violence-related visitation and custody cases, handling matters from initial client consultations to court hearings. In addition, through seminars they learn from practicing NYLAG attorneys about family, immigration and criminal law matters related to domestic violence. By providing the opportunity to both learn and litigate, the Clinic simultaneously bolsters NYLAG’s capacity to serve clients with domestic violence issues and provides students with valuable public interest experience.

“The DVCC has been able to alleviate much of the physical and emotional burden faced by victims and their families,” said Kim Susser, Director of the Matrimonial and Family Law Unit at NYLAG and the driving force behind DVCC. Ms. Susser, whose stellar leadership has played a large role in the program’s success, added that, “The passion, knowledge and dedication of DVCC interns are invaluable. By endowing them with substantive experience, the DVCC will continue to empower new lawyers with the skills needed to help victims break free from domestic violence.”

For more information about the Domestic Violence Clinical Center, contact Lisa Rivera, Esq., at lrivera@nylag.org or 212.613.5026.

Skadden, Arps, Slate, Meagher & Flom LLP was honored with NYLAG’s Raising the Bar Award for its long history of working with NYLAG on challenging pro bono cases. Attorneys from Skadden have represented victims of domestic violence in complicated and contested child custody trials, helped clients with child support modification proceedings and uncontested divorces, and assisted with the filing of immigration petitions.

Paul, Weiss, Rifkind, Wharton & Garrison LLP, recipient of the Pro Bono Visionary Award, was honored for dedicating countless pro bono hours to the litigation of a complex case on behalf of 55 low-wage workers who faced unjust labor practices at an upscale Manhattan restaurant, including extensive unpaid overtime and long hours. After the case was filed, the restaurant instituted a campaign of retaliation against workers who had joined the lawsuit in hopes of intimidating these employees and preventing others from joining the lawsuit. Paul, Weiss was able to protect these workers’ rights by successfully obtaining an injunction that forbid further retaliation. We are optimistic that with the help of Paul, Weiss this case will see a very favorable resolution.

A full-time lay volunteer, George Sole, was honored for dedicating his time and talent to NYLAG’s Justice at Work Project. Mr. Sole has been an invaluable asset to NYLAG, and his work in helping low-wage workers secure pay, overtime and other crucial benefits from employers demonstrates his commitment to justice for all. Mr. Sole said that his time at NYLAG has been full of rewards and that, “It was eye-opening to see that I could be a part of making such a fundamental difference in someone’s life.” Discussing the importance of legal services to low-income populations, Lloyd Constantine of Constantine Cannon delivered a keynote address. The evening’s emcee was Jonathan Alter, Senior Editor of Newsweek Magazine.

For information about Pro Bono or volunteer opportunities at NYLAG, contact Alison Sclater, Director of Pro Bono, at asclater@nylag.org, or at 212. 613.5017.