On the first days of this new year, the New York State Justice system is crawling under problems. New York State Judges are
asking for the first pay raise in twelve years; they are even considering forming a union-like group (these folks are so nineteenth century!); The justiciables of the State of New York too are having problems of their own. Theoretically, they are presumed innocent. Yet, they will rot in jail while waiting for a trail unless they can buy a bond to remain free. The problem is that the New York bail system is as well regulated as the US financial system. Bondsmen surrenders defendants when they feel like it and then seize part or all of the the collateral of the bond’s buyer. This is not helping already overcrowded State prisons.
As usual, the family court system has eluded the attention of the press. However it stinks as much as the rest. It takes one flimsy accusation of abuse and your right to see your kids is gone. And there is no buying of a bond that would allow you to see them. You are now under the regime of supervised visitations. Your trial will take years and during all this time, your only option to see your kids is through the private sector, with one of these totally unregulated businesses called Family Something, that will pretend to assess your parenting abilities and whose activity is not even checked out by the law guardian -the lawyer of your kids- and the family court judge. The outcome of the mix of biased law, private sector involvement and lack of regulation is that non-custodial parents on trial loose their rights to see their kids.
What is the solution? Certainly not more market in the justice system. Let us start by regulating all these loose cannons that the justice system is working with.