Pro Se appellants are systematically denied access to their own records in the Chenango County Family Court, New York

I know of at least three people who are ready to come forward with affidavits, who were denied access to their own files by the personnel of the Chenango County Family Court, New York.

 

All three people share certain characteristics.

 

These three people are, according to their own reports to me share a lot of similarities:  

 

1. all of them are middle-aged or elderly;
2. all of them are disabled;
3. all of them could not or cannot at this time afford a private attorney;
4.  all of them wanted to appeal decisions of the Chenango County Family Court;
5. all of them were denied access to the court records in order to prepare their record on appeal, contrary to the rules of the Appellate Division 3rd Judicial Department requiring clerks of the courts that issued orders that are appealed, to actually certify the record for pro se appellants;
6. two of the three appeals in question involved appeals from decisions of Judge Kevin Dowd, the local "hanging judge" who is usually the law unto himself; and, most importantly,
7. in all three of the notices of appeal/pre-calendar statements filed in the Chenango County Family Court,  pro se appellants are raising issues of bias and/or misconduct of judges who made the appealed decision.

 

One of the pro se appellant had to apply for an assigned counsel, even though that appellant wanted to proceed pro se because of a horrific experience in the lower court with an assigned counsel.

 

The second appellant complained to the Chief Administrative Judge of the 6th Judicial District Robert Mulvey, and personnel of the Chenango County Family court immediately allowed his access to the record after a letter from Judge Mulvey's chambers explaining to the personnel of the court that there are rules requiring them to give access to the so-called "public file" to pro se appellants in order to allow them to prepare the appeal.

 

In fact, whether a party is or is not represented, Judiciary Law 255 and due process of law allows such a party access to the court files anyway.

 

Personnel of the Chenango County Family Court, in fact, denied that the 2nd appellant was even denied access, and immediately did their job and certified the Record on Appeal for the 2nd Appellant.

 

The third appellant is trying to get access to his file at present.  He has been, according to his statements to me, repeatedly refused access by court employees by the name of "Judy" and then "Carol" who claimed that the pro se appellant will not be given access, and "Judy" claimed that the Appellate Division "will investigate" on its own when the appellant asked her how then will he be able to proceed with his appeal.

 

The appellant reportedly called the chambers of Judge Mulvey, talked to Judge Mulvey's assistant, who explained to him that he has an absolute right of access to the "public file" that is used to prepare the record on appeal, but not to the so-called "court file" with possible notes of the judge.  Judge Mulvey's assistant promised the 3rd pro se appellant to call the Chenango County Family Court and talk with them.

 

He reportedly called and talked to them.

 

After that the Chenango County Family Court personnel, "Carol", continues to deny the 3rd Appellant access to the "public file" and thus prevents him from preparing his record on appeal, while they are fully aware that appeals from Family Court are very fast-paced.  The 3rd pro se appellant has only 60 days to prepare that appeal, and time is running out fast while he cannot even get access to the record.

 

I believe that what I just described is egregious discrimination against indigent pro se appellants and, in my opinion, can be qualified as a deliberate attempt of the Chenango County Family Court to block pro se appeals raising issues of judicial bias and misconduct, because in this state (and, possibly, country), issues of judicial bias and misconduct most often are raised by pro se parties since attorneys are afraid to do it - because they are afraid of retaliation, see here and here.

 

Whether what is being done in the Chenango County Family Court is because of poor training of its personnel, poor administration by the judge who handles that court, or because of deliberate instructions to block appeals by pro se litigants, especially those raising issues of judicial bias and misconduct (and that is easily discernible from the so-called "pre-calendar statements" that accompany notices of appeal filed in that same court) - it is a disgrace.