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Family Court committed reversible error by depriving father of his right to self-representation

In determining Family Court committed reversible error by depriving father of his right to self-representation, the Second Department wrote:

The father, as a respondent in a proceeding pursuant to Family Court Act article 6, had a right to be represented by counsel (see Family Ct Act § 262[a][iii];…). A party, however, may waive the right to counsel and opt for self-representation… .. Before permitting a party to proceed pro se, the court must determine that the party’s decision to do so is made knowingly, intelligently, and voluntarily …, by conducting a “searching inquiry” of that party…. Where a respondent has made a knowing, intelligent, and voluntary choice to represent himself or herself, “forcing a lawyer upon [him or her] is contrary to his [or her] basic right to defend himself [or herself]” … .  Matter of Massey v Van Wyen, 2013 NY Slip Op 05078, 2nd Dept 7-3-13

 

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