Court Reform

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On February 15th, the Commission to Reimagine the Future of New York’s Courts’ Pandemic Practices Working Group (PPWG) issued a report evaluating the court system’s response to the pandemic and calling for, among other recommendations, the expansion of remote proceedings, enhancement of the court’s technological capacity, and an increase in court staffing. Beginning last summer, I had the privilege along with other Proskauer attorneys of assisting the PPWG with its information-gathering efforts and with drafting the report.

Last week, hundreds of lawyers and staff gathered across Proskauer for the 15th Annual Golden Gavel Awards ceremony to honor those who have made significant contributions to the Firm’s pro bono, corporate social responsibility and Diversity, Equity & Inclusion efforts this past year.  The evening began with a special guest.  Preet Bharara, the former United States Attorney for the Southern District of New York, shared insights from his time in office, impressed the importance of public service, and addressed several issues he raised in his best-selling book Doing Justice: A Prosecutor’s Thoughts on Crime, Punishment, and The Rule of Law.  Also of note were remarks from Labor & Employment associate Godfre Blackman who is currently serving as the Firm’s NAACP Legal Defense and Educational Fund (LDF) Fellow. As part of the Firm’s Collaborate for Change initiative, Proskauer created this fellowship for one of our associates to work directly with the LDF on strategic matters focusing on eliminating disparities and achieving racial justice and equality.

The Commission to Reimagine the Future of New York’s Courts established the Pandemic Practices Working Group (PPWG) to investigate, evaluate, and report on the successes of, and challenges faced by, the state court system during the ongoing Covid-19 pandemic. To that end, the PPWG held its first Public Hearing on Pandemic Practices on June 7th, 2022 in Albany, New York. This hearing served an agenda-setting purpose for the PPWG, highlighting the most pressing issues facing stakeholders within the state court system. Thirty-seven witnesses participated from across New York State to share their unique perspectives.

As a board member of Legal Information for Families Today (LIFT), a non-profit organization that helps unrepresented litigants in New York City Family Court, I was proud to help organize a recent panel discussion addressing race and poverty in the New York State Family Court. Moderated by LIFT Executive Director Cathy Cramer, the panelists included the Honorable Edwina Mendelson, Deputy Chief Administrative Judge; former Secretary of Homeland Security Jeh Johnson; and Proskauer Pro Bono Partner, Bill Silverman. Secretary Johnson is responsible for a recent report on institutional racism in the New York State Court System, where he characterized certain courts, including the Family Court, as providing a “second class system of justice for people of color in New York State.” Bill Silverman co-authored a recent report on behalf of the New York City Bar Association and the Fund for Modern Courts which addressed the impact of COVID-19 on the New York City Family Court and how the crisis laid bare longstanding inequities. Judge Mendelson is responsible for the Court’s justice initiatives.

Despite the critical importance of a strong and independent judiciary, it’s too often that court reform is ignored by public officials and civic leaders. Earlier this week – at the Conference on Judicial Selection Reform hosted by the Suffolk County Executive Steve Bellone – I had the opportunity to use my perspective as Chair of The Fund for Modern Courts to speak on the importance of simplifying New York’s antiquated court system.

The conference began with remarks by Congressman Jerry Nadler, Chair of the House Judiciary Committee, and former Secretary of Homeland Security Jeh Johnson – who recently issued a report on racism and bias in the state court system. Secretary Johnson referred to the current court structure as “inexplicable,” and described how certain courts, such as the family and criminal courts, are under-resourced and over-burdened. He furthered explained how, in New York, over time there has developed a “second class system of justice for people of color.”