New
York State Bar Association
January 26-31, 2009
-o0o-
Committee
on Children and the Law
Presents:
The Robert J. Schack Memorial
Program
Challenges for Law
Guardians:
The Attorney for
the Child in the New Era
FRIDAY, JANUARY
30, 2009
1535 Broadway,
9:00 a.m.—-12:10 p.m.
(3.5 MCLE Credits)
Majestic
Complex (6th Floor)
IMPORTANT INFORMATION
Under
Discounts
and Scholarships: New York State Bar Association members may apply for a discount
or scholarship to attend this program, based on financial hardship. This
discount applies to the educational portion of the program only. Under that
policy, any member of the Association who has a genuine basis of financial
hardship can receive a discount or scholarship, depending on the circumstances.
To apply for a discount or scholarship, please send your request in writing to
the New York State Bar Association, Attn: Catheryn
Teeter,
See links at bottom of page for FAQ’s, registration
and other information about attending this program.
Challenges for Law Guardians:
The Attorney for the Child in the New Era
-o0o-
The role of the attorney for the child has
changed greatly. The new model is based on the advocacy function of an attorney
for an adult. Functions such as acting as an investigative arm of the court and
submitting “law guardian reports” have been banished, and yet the nature of
children as dependent and developing human beings, which underlay the older
practices, cannot be ignored. This program’s materials will comprehensively
cover the role of the attorney for the child. The speakers will cover a range
of the most challenging aspects of the newly defined role of the attorney for
the child, and a panel discussion will analyze and solve an assortment of
representational problems facing the attorney.
9:00 – 9:05 Introduction
George E. Reed, Jr.,
Esq.
9:05 – 9:55 An In-Depth Look at the Role of the Attorney for
the Child
A discussion of
recent developments in New York law and practice that require the child’s
attorney to advocate for the wishes of children who have decision-making
capacity; permit the attorney to make decisions on behalf of children who lack
such capacity or children who are at risk of serious harm; require the attorney
to provide intensive counseling designed to assist children in making sound
decisions; preclude judges from treating the child’s attorney as an
investigative arm of the court or as a fact witness; and bar attorneys from
communicating with a represented child.
Gary S.
Solomon, Esq. (Keynote presentation)
9:55 – 10:55 Panel Presentations on Selected Topics
Moderator:
Honorable Jeffrey S. Sunshine
Attorneys
for the Child: Oversight, Supervision, Court Rules and Caselaw
John E. Carter, Jr., Esq.
The New
Era in Actual Practice: Has the Tiger Really Changed Its Stripes?
Honorable Edwina G. Richardson-Mendelson
and Crystal L. Screen, Esq.
What
Attorneys Need to Know from the Social Sciences: Incorporating the Knowledge of
Other Professionals Into Your Decision-Making.
Lyn K. Slater, Ph.D.
National
Trends and Variations in the Function of Attorneys as Advocates for Children
Professor Merril Sobie
(There will be a coffee break from
10:20-10:30)
10:55 – 12:10
Ethical Concerns and Representational Problems Facing Attorneys for Children
Panel
Discussion
The
discussion will cover fact patterns reflecting many (but not all) of the
following problematic situations:
- Domestic violence (child wants to live with
abuser of other parent)
- Influence of parent (child wants no visitation
due to conditioning by custodial parent)
- Advocating therapeutic supervised visitation for
reluctant child
- Relocation (child does not fully understand
difficulty of long-distance visitation)
- Return to unsafe home (child wants return
notwithstanding drug use or inadequate supervision)
- Kinship foster care (child needs structured
placement but wants to live with relative)
- Termination of parental rights (should type of
advocacy be affected by irrevocability of proceeding)
- When if ever should the attorney state that his
client wants one thing and he is advocating for another.
- Conflicts between children’s positions (when do
they rise to the level of requiring withdrawal)
PROGRAM FACULTY
Program Chair
George E. Reed, Jr., Esq.
Director, Law Guardian Program, Third Department,
Clinical
Assistant Professor,
Hon. Edwina G. Richardson-Mendelson
Family Court Supervising Judge, 11th Jud. Dist. (
The Legal Aid
Society
Law Office of
Crystal L. Screen,
Pace
Acting
Justice, Supreme Court,
About Robert J. Schack
Robert J. Schack was a founding member of the Committee on Children
and the Law and, for many years, Chair of the Legislative Subcommittee. A
supervising attorney at the New York State Attorney General’s Office, Mr. Schack represented the State in several landmark juvenile
justice and child welfare cases. He was a tireless advocate for children’s
rights and interests, and contributed enormously to the Committee’s and the NYSBA's achievements.
Special Note
for Law Guardian and Family Court Assigned Counsel Panel Members: Members of Appellate
Division Law Guardian Panels are eligible to apply for a tuition waiver for
this program. If you qualify for this waiver, you cannot register online. You
must obtain a 2009 Waiver Form from your
Law Guardian Director or download the waiver form at http://www.nysba.org/ChildrenandtheLaw,
attach it to the completed Annual Meeting Registration Form,
and fax or mail back the completed forms to the number/address listed. A
limited number of waivers are available on a fi rst
come/ fi rst serve basis for Family Court or
Family Court Appeals assigned counsel panel members who are not currently on a
law guardian panel. To inquire about these waivers, please call Catheryn Teeter at (518) 487-5621 before January 20,
2009. No waivers can be issued after the cutoff date. Please note that
if you are not a member of the
If you need assistance relating to a disability, please contact the NYSBA
Meetings Department sufficiently in advance so that we can make every effort to
provide reasonable accommodations.
For overnight room accommodations, please call the New York Marriott
Marquis at 1-800-843-4898 and identify yourself as a member of the New York State
Bar Association. Room rates are $272.00 for single/double occupancy.
Reservations must be made by Monday, December 22, 2008.
For
questions about this specific program, please contact Katherine Suchocki, Esq. at 518-487-5590. For registration questions
only, please call 518-487-5621. Please use 866-680-0946 to fax your
registration form.
Challenges for Law Guardians:
The Attorney for the Child in the New Era
Sponsored by the Children and the Law Committee
Friday, January 30, 2009
1535 Broadway,
9:00 a.m. – 12:10 p.m.
Majestic Complex (6th Floor)
Table of Contents of Program
Book
Frequently Asked Questions
(FAQ)
Committee on Children and the Law Program
View
this Flyer in PDF
Annual
Meeting Registration Form
NYSBA
General Annual Meeting Information
Register
on-line now (not for Law Guardians)
2009 Waiver Form for Law Guardians
Last Updated January 22, 2009
Links to other sites, or links to this site from any other sites,
do not imply any endorsement of, or relationship with, such other sites.