Who’s Who in Family Court
Judge: The judge is in charge of the hearing (trial). He or she listens to witnesses, examines evidence, and then decides if the case has been proven. There are 47 family court judges in New York City, and they are appointed by the NYS Governor.
Court Attorney Referee/JHO Some cases such as custody, visitation and orders of protection are conducted by a referee who may hear and decide the case, and issue temporary and final orders. JHO stands for Judicial Hearing Officer, who is a retired judge who hears cases. Referees are involved with cases post-disposition, such as permanency hearings.
Support Magistrate Support cases (petitions filed seeking support for a child or spouse) and paternity cases (petitions filed requesting the court to enter an order declaring someone to be the father of a child) are heard by support magistrates.
Court Attorney A court attorney is a lawyer who works with and assists the judge by researching legal questions and helping to write decisions. The court attorney may also meet with the attorneys or parties to a case to try to reach an agreement without the need for a trial.
Court Clerk/Court Assistant The court clerk or court assistant sits near the judge, referee or support magistrate and assists in the preparation of orders.
Assistant District Attorney In some counties in New York City, in juvenile delinquency cases involving children between the ages of 13 and 15 who are accused of committing certain serious or violent acts, an Assistant District Attorney prosecutes the case in the Family Court.
Law Guardian A law guardian is a lawyer assigned by the judge to represent a child in a Family Court case.
Assistant Corporation Counsel An attorney from the New York City Law Department, who prosecutes juvenile delinquency cases, and may also represent the petitioner in some support and paternity cases and in family offense cases if assigned by the judge.
Special Assistant Corporation Counsel An attorney from the Department of Social Services who prosecutes child abuse and neglect cases and termination of parental rights cases, and presents support cases involving children who are receiving public assistance.
Guardian Ad Litem A guardian ad litem is a person assigned by the judge to act in place of a parent for a child whose parents are required to appear in court but are not available to appear, or assigned for an adult who is mentally or physically unable to speak for himself or herself in court.
