ACS Tried to Stop Parents From Having Attorney Present at a Visit. The Court Sided With The Parents
BROOKLYN, N.Y. - Sept. 21, 2021 - PRLog -- The Right to Counsel is a sacred right enjoyed by all Americans. It is guaranteed to us by the U.S. Constitution and the New York State Constitution. ACS filed a motion to prevent the parent's lawyer from appearing at home visits virtually. ACS alleged that it was not critical for the attorney to be present. In the case of Matter of K.D. N.A-05773-5/21, the Hon. Judge Eelenor Cherry from Queens Family Court denied their motion.
"At any one of these visits, the result can be an application for removal, and how the visit went. To say that these court visits are not critical, the Court disagrees." Judge Cherry held in her ruling after oral arguments. "We're very happy for the client, they have been wrongfully accused and now ACS is trying to take away their lawyer," Mr. Discioarro said.
This is an issue of first impression that has not been litigated before and it will not be the last time it comes up. The Right to Counsel is very protected in New York, even more so than the federal laws. The Law Offices of Michael S. Discioarro, LLC can be reached at 917-519-8417. ACS was represented by attorney Santosh Madahar.