Crawford Amici Brief, Crawford v. Ally, No. 2020-04520 (1st Dep’t):

BDS—on behalf of itself, The Legal Aid Society (“LAS”), and Neighborhood Defender Service of Harlem (“NDS”)—drafted an amici curiae brief submitted in the Appellate Division, First Department, in support of Ms. Shamika Crawford, who was barred from her home and separated from her children as a result of pre-trial orders of protection in a case where the criminal charges were ultimately found baseless. Although Ms. Crawford’s attorney from Bronx Defenders argued that imposing a full order of protection without holding an evidentiary hearing would violate her due process, the trial court refused to conduct an evidentiary hearing to allow her to challenge the order. As public defenders who collectively represent hundreds of thousands of low-income people each year charged in New York City’s criminal courts, BDS, LAS, and NDS routinely represent people like Ms. Crawford who suffer significant hardships as a result of temporary orders of protection issued without a meaningful opportunity to be heard in violation of their constitutional rights. In their amici brief, the organizations argued that this rote issuance of orders of protection in these cases violates the due process rights of the people we represent. The Defenders’ amici brief provides perspectives and examples from their experience as public defenders in New York’s criminal courts to demonstrate that the due process violation that Ms. Crawford suffered is not an anomaly, but rather a regimented practice perpetuated against New Yorkers. The result—as in Ms. Crawford’s case—is manifest injustice and devastation for many.

View the full amici brief, here.