Q: Can a judge decide a civil family court case without providing requested lawyer?

A: I understand how upsetting and confusing this experience must have been, especially when you were expecting legal representation and were asked to proceed without it. In New York Family Court, whether a judge can proceed and make a decision without assigning counsel depends on the type of case and the specific rights involved.

In civil family court proceedings, the right to a court-appointed attorney is limited to certain types of cases. Under Family Court Act § 262, a party has a right to assigned counsel if they cannot afford one in cases such as child custody or visitation, abuse or neglect proceedings, termination of parental rights, and family offense petitions. If your case falls under one of these categories and you qualify financially, the court is required to appoint an attorney for you if you request one.

If the court acknowledged your request and sent forms to determine your eligibility, then your right to counsel was being processed. If the judge proceeded with the hearing and made a decision without ensuring that your request had been fully reviewed and that you were given the opportunity to be represented, this could be a violation of your rights—if the case is one in which representation is mandated under the law. The judge should not finalize a decision in such matters without first resolving the issue of legal representation.

The fact that the court claimed not to have received your completed forms during the hearing and asked you to send them again suggests a procedural issue. Once you resubmitted the forms, the court should have reviewed them before taking further steps in your case. If the judge went ahead and issued a decision after the hearing—without resolving the question of your eligibility for a free attorney—this may give you grounds to seek relief.

You can consider filing a motion to vacate or set aside the order if you believe your rights were violated due to the lack of representation. You may also be able to file an appeal, depending on the type of order and the deadlines involved. If you do qualify for assigned counsel, you should request one as soon as possible to assist you with either of these options.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.

A: This question proves a confusion of issues which require resolution with an attorney after a review of the case file. Otherwise, a response to this question is merely conjecture.

First and foremost is a thumbs-up to all the attorneys who appear on an appellate division listing of lawyers who provide legal services free of charge to the litigant but at reduced cost to the taxpayer. These lawyers are carefully selected and they carry huge caseloads.

The problem with such a lawyer is that one wrong move and the lawyer will be dismissed off the list. This means the asker will get quick and easy "stips," which are head-nodding agreements to dispose of the case quickly. Very rarely will a free attorney (called "assigned counsel" in a New York Family Court) go all the way to trial and appeal. The judge signs the pay voucher of the assigned counsel which means if that counsel does more than is minimally needed to dispose of the matter, the judge will not sign the pay voucher.

Meanwhile, there appears to have been a family court trial (called a "hearing" to soften the language for the public) before the assignment of a lawyer. The question is whether a judge can make a decision when the asker is not represented. Certainly, the judge can make any decision he wants to make whether the asker is represented or not. The judge can state he never got the financial disclosure upon which to make an assignment decision. He can state the asker earns too much for a free lawyer. The judge can await financial disclosure but not delay the matter further, or he can delay the matter further. Here, the judge went ahead with trial and will render a decision.

There is nothing further to say.