Assigned counsel continues to play essential role in Family Court

The Assigned Counsel Association of Queens Family Court, including Joel Serrano (top left) and Sarah Tirgary (bottom left), continues to represent families after the state court system pared down to essential functions. Photo courtesy of the ACAQFC

By Rachel Vick

As courts around the state cut down to essential functions, one handful of lawyers in Queens Family Court continue their work, serving a vital function for children and families in the county.

Attorneys in the Assigned Counsel Association of Queens Family Court still handle matters involving imminent risks, such as abuse and child support, or, in the case of attorney Joel Serrano, an application for a child to be released from foster care and back to their family. 

“It’s a really difficult balance because I want to represent my clients to the best of my abilities but don't want to get sick or unknowingly cause someone else to get sick,” said Serrano, the ACAQFC secretary. “Personally, as long as this is going and in court and I'm healthy enough, I’m going to appear for this case.”

An administrative order from Chief Administrative Judge Lawrence Marks limits essential family court functions to child protection intake cases involving removal applications, newly filed juvenile delinquency intake cases involving placement applications or modifications, emergency family offense petitions and temporary orders of protection, orders to show cause and stipulations on submission.

Serrano said he last visited court on March 17 and was one of the few people there. Litigants and attorneys checked the status of their cases at a desk set up at the entrance to the court and only three courtrooms on the first two floors were open, he said. The set-up strained interactions with clients, he said.

“It's very difficult to do legal work when you can't have private conversation with people in court; some adjustments have been interesting, like distances kept between people,” Serrano said.

“Making sure that I can maintain distance but also privacy, that's been the thing I've been worried about the most,” he added. “But it seems like everyone with that in mind is understanding and giving each other more room to do our work properly.”

Attorneys and clients are all trying to adjust to the new normal, he said. They are working to preserve public health while still trying to address disputes and family issues, he said.

“The general message I've been giving [clients] is to try to be creative in working with the other parent and understand that this is something that's going to take a long time, and they might not have the court as a place to resolve some of their minor issues,” Serrano said. “So, as best as they can, now is the time to put aside the smaller differences and try to work together.”

The changes and shutdowns impact more than court operations, said ACAQFC president Sarah Tirgary. 

“It’s dangerous for them to get to these locations — I advised my clients not to jeopardize their risk and I'll take the heat if I have to,” Tirgary said. “I'm hoping it's understood that this is an extreme circumstance and parents wouldn't be penalized for violating [agreements], but you never know.”

She said one client had to decide whether she should bring her asthmatic child to a visit, a trip that would mean taking public transportation and exposing the child to the father’s home environment, where he or his roommates could have been exposed to COVID-19.

“Everything’s going to be assessed at the end of the day by the judge, but they need to be honest and forthright and make sure they're not taking advantage of a very desperate situation,” Tirgary said.

The ACAQFC is working to set up video conferencing for client meetings whenever they can, but the pandemic will likely have lasting effects on their practice, she said.

“I’m encouraging everyone to stay calm and optimistic but assigned counsel is particularly vulnerable because we’re not on salary and have our own overheads to pay for, like office space rent, health insurance, etc.,” Tirgary said. “We’re concerned about how to maintain our practice  moving forward once this has been resolved.”