By Mary Beth DeCecco
There is nothing fun about family court.
Imagine having to sit before a Judge and ask for an order of custody because the mother of your children was arrested for doing a drug deal with your children in the car. Or asking for a custody order because you’re afraid that your child will be taken away by your ex-husband, who just happens to be a NYS Trooper with whom you have an eight year history of abuse and who occasionally stalks you. What about pleading your case while wearing a knee brace and pushing a walker because of injuries you sustained while trying to flee an abusive husband?
“I’m emotionally, physically and mentally drained,” the injured woman said.
After spending a day in Albany County Family Court, I was too. I also gained a new appreciation for the judges who preside over these cases each and every day. One of these judges is the Honorable Margaret T. Walsh, who was kind enough to allow me a snapshot into a typical day at Albany County Family Court.
My day began at 8:10am, when I arrived at the courthouse on lower Clinton Avenue in the City of Albany. Newly opened in 2005, the building features bright and open spaces, with a staircase in the center leading up to the various courtrooms and offices. I was immediately impressed by the security measures implemented throughout the courthouse, including the metal detector through which I was required to pass upon entry. Having been cleared, I climbed up the stairs to the second floor, where several courtrooms were located. A deputy was already there waiting for court to begin. After a brief greeting, he directed me to the waiting area pending Judge Walsh’s arrival.
I sat down on the bench and waited. Across the aisle was a young man who appeared to be in his early thirties. Minutes later, a young woman came in with her son. The boy immediately smiled at the man before taking his seat next to his mother. Within seconds the man came over and sat behind them, talking to the boy, who turned out to be his son.
The boy told his father that he recently had his shots, which upset the father. Why hadn’t the mother told him about the shots? He then accused her of failing to return his call from the other day. Her claim that she never got the message only exacerbated their dispute.
In the middle of all this was the young boy, enduring the relentless parental bickering. For him, family court certainly was no fun. But sometimes it’s the only solution for a child caught up in a battle of parental wills.
Here comes the Judge
I had no idea what to expect of Judge Walsh. Growing up, I wasn’t acquainted with any judges except for the old men depicted on TV or in the movies. Judge Walsh, I was told, was different. Turns out my sources were right. Judge Walsh was friendly, funny, down to earth, and eager to answer questions. And, as one of the court clerks told me, she is fair.
To keep me in the loop, Judge Walsh gave me a copy of the Court Calendar, which lists the upcoming cases for the day. There is a symbol by each, indicating the type of case. For example, a “V “refers to a custody case while a “K” refers to a neglect case.
With calendar in hand, I sat in the back and observed every case (a total of 13) from 9am to a little after 4:30pm, with only one 15-minute break to sit and chat with Judge Walsh in her office. She frequently reminded me that I could go out for lunch any time I wanted, but I didn’t want to miss any of the cases.
Sadly, but not surprising, the majority of cases involved lower income people with court appointed public defenders.
“A lot of people come in here with assigned counsel,” said Judge Walsh. That means that the people have lawyers appointed for them because they cannot afford one.
In fact, the majority of the custody cases involved poor young couples, many of whom are unmarried, unemployed or worse. During one case, a call was made to the father, who was in jail. And, in just about every case there was a Law Guardian, who is appointed by the Court to protect the interests of the children. Others cases involved case managers from Equinox, a community services agency in Albany.
The cases varied in length. While some lasted just minutes, others dragged on. One case went on for over an hour as lawyers haggled over a custody dispute that has been going on since 2004. No matter how long or short the case, however, Judge Walsh pressed on. Though a few of the cases had short breaks so the lawyers and Judge could confer with each other, there really wasn’t any time off between the cases. As soon as one wrapped up, the Court Attendant would bring up the next group. I quickly discovered that a family court judge cannot exercise the wisdom of Solomon without having the patience of Job!
According to Judge Walsh, many of the battles don’t always have to reach a courtroom.
“Many of these custody cases can be avoided if everyone can agree.”
The problem is that people don’t always agree. The reason they can’t, she explained, is that many times a relationship ended because of betrayal, so there are a lot of hard feelings between the parents. Overwhelmed by feelings of bitterness and betrayal, people often use legal issues to give vent to those feelings.
But that doesn’t mean there’s no hope in Family Court. There are good people here, and, although many of the cases are not exactly uplifting, there still are some cases that make you smile.
One case involved an adoption of a 20-year old male, where one of the lawyers agreed to do it pro bono.
No matter the nature of the case, however, the key is communication.
Remember the bickering parents with the small boy? Judge Walsh’s advice to them is apt for us all.
“Get clear with each other about what the other person knows,” she told them.
It’s easy to see that Judge Walsh is caring, compassionate and really tries to understand everyone involved in the case. She is matter of fact, gets to the point and seems very open minded as she listens to the lawyers and their points of view.
A case in point is the last case of the day. While sitting in the courtroom, I noticed that two deputies sat down in the back of the room because of concern about the subject of the case, a young boy. Turns out the last time the boy appeared in court, he punched a hole in the wall. In and out of jail and still a teenager, his mother doesn’t want him. Nobody seems to care. He was in court this time for throwing a chicken McNugget at a police officer. He was like so many young kids who are victims of a bad family life and turn to crime. Judge Walsh seemed to understand his plight.
“His brother was shot and his father beats up his mother,” she said. In short, sometimes judges need to understand people, not judge them.
Judge Walsh understands that. And despite the nature of the cases, she loves what she does.
“I wanted this job,” said the Albany native. “I love [it]. It’s very engaging and interesting. I like the people who come before me.”
And the people like her too. Family Court may not be fun, but it’s a better place for having people like Judge Walsh presiding over it.