DID HE WAIVE RIGHT TO COUNSEL?
In Matter of Guzzo v. Guzzo, the Suffolk County Family Court issued an order of protection against Barney Guzzo who had appeared pro se -- without counsel.
Inexplicably, the Suffolk County Family Court allowed Barney to proceed unrepresented, without any inquiry or exploration into his financial condition. The Court also failed to advise him of the drawbacks of proceeding without an attorney.
On appeal, the Appellate Division, Second Department, found the Family Court should have determined whether Barney's waiver had been made "knowingly, voluntarily, and intelligently," and whether Barney "was aware of the dangers and disadvantages of proceeding without counsel."
Since these safeguards had not been met, the AD2 vacated the order of protection and sent the matter back to Family Court "for a new hearing and determination."
See, Barney, the AD2 IS into sharing and caring!
To download a copy of the Appellate Division's decision, please use this link: Matter of Guzzo v. Guzzo
TrackBack
TrackBack URL for this entry:
http://www.nyrealestatelawblog.com/mt/mt-tb.cgi/2291
Comments
Kudos to Guzzo for successfully representing himself on an appeal to vindicate his right to appointed counsel, if financially eligible.
Kudos to the AD2 for reaffirming the importance of the right to counsel, even for a pro se litigant capable of successfully prosecuting his own appeal.
Posted by: Gines Pasamonte | June 24, 2008 7:04 PM