Sanctuary for Families, Inc.

Transcription

1 Sanctuary for Families, Inc. Overview of Achievements, From April 2016 through March 2017, the IOLA Fund of the State of New York provided critical support to Sanctuary for Families Center for Battered Women s Legal Services (hereafter the Legal Center ) in its delivery of holistic, integrated civil legal services which benefited 5,061 low-income and indigent victims of domestic violence, sex trafficking, and other forms of gender-based violence, for a total of 7,854 cases closed. This represents an increase of more than 300 victims served during the last reporting period. Pro bono Highlights: Of the closed cases: 162 pro bono attorneys managed 252 trafficking cases; 153 pro bono attorneys handled 216 immigration cases; 30 pro bono attorneys worked on 15 matrimonial, public benefits, and housing cases; and 22 pro bono attorneys provided support on 21 family law cases. In addition, the Courtroom Advocates Project (CAP) trained 542 advocates including law students, Sanctuary case managers and social workers, and staff from other nonprofit organizations in the NYC domestic violence community and assisted 511 litigants in Family Court. Increased Access to Justice/Improvements in Administration of Justice: During this reporting period, Legal Center staff engaged in a wide array of efforts to both increase access to and improve the administration of justice for the most vulnerable New Yorkers. These efforts included supporting the passage of laws and policies that improve the justice system s response to domestic violence, sex trafficking, and other forms of gender-based violence. Project Expansion: Through a new two-year grant from Jewish Women s Foundation of New York, Sanctuary expanded the Orthodox Jewish Matrimonial Initiative with the addition of a new Case Manager in August This position was critically needed, as the Orthodox women who come to Sanctuary need help beyond divorces, with other needs that often extend beyond the capacity of our staff attorneys. The Case Manager assists the Orthodox Jewish Matrimonial Attorney with information, referrals, and client accompaniment, and addresses client needs ranging from accessing kosher food, clothing, medical care and counseling, to providing emergency shelter and obtaining public benefits. The Initiative has received extensive coverage in major print and online media outlets, including The Wall Street Journal, City & State, and Jewish Week. Service Area: New York City Metropolitan Area This Provider At a Glance Population Served: Low Income Women and Families Area Served: New York City Metropolitan Area Total Funding: $7,041,355 Total IOLA Grant: $168,000 Staffing - Full Time Equivalents Total Staff: Lawyers: Paralegals: Other Staff: 4.60 Types of Services Provided Direct Civil Legal Representation Brief Services Extended Services Hotlines and Other Phone-Based Services Technology and Other Innovations Community Legal Education Pro Se Assistance Collaborations With Other Service Providers Major Cases or Other Advocacy Projects Sanctuary for Families, Inc. - 1

2 Outcomes 9,850 Individuals Benefited from 7,845 Closed Direct Civil Legal Cases Dollar Benefits Achieved for Clients* - Total $3,193,501 Family Law - Child Support: $2,629,075 Family Law - Maintenance/Spousal Support: $520,679 Family Law - Equitable Distribution of Assets: $43,747 Examples... Outcomes for Clients or over a decade, Faith was physically, verbally, emotionally and financially abused by her husband. In 2014, F while living in a domestic violence shelter with her five children (ages 4-14) and participating in Sanctuary s career training program, she was served with divorce papers and referred to the Legal Center s Matrimonial Project. With the help of her matrimonial attorney, Faith secured sole custody of her children. During the family court cases, Faith and her children were still on public assistance. After completing the career training, Faith secured full-time employment at a major law firm working as a receptionist, and was no longer eligible to receive public assistance. Child support instantly became the main issue in the pending contested divorce case. With the Legal Center s continued advocacy, in July 2016, Faith secured a favorable child support agreement in accordance with the Child Support Standards Act, instead of the much lower amount offered by the husband. That day, she sent her Legal Center family law attorney this touching This has been an incredibly emotional experience however you helped me to maintain a level head and continued to be very supportive. Today was about accomplishment, and turning a new leaf. I am deeply appreciative for all of your diligence and attention to detail. You are the best and none of this would be possible without you. A Extended Representation Outcomes 4,333 People benefited from extended representation Brief Representation Benefits 4,941 People benefited from legal advice and counsel 314 People benefited from non-litigation advocacy services 262 People benefited by referral to other sources of help *Total includes back awards and total monthly benefits, estimated over 6 months (unemployment compensation), 12 months (equitable distribution of assets, affirmative judgments and other benefits), 36 months (other federal benefits), 108 months (child support), 120 months (Social Security, SSI and spousal support). monolingual Mandarin-speaking domestic violence survivor with serious physical disabilities, Biyu lived with her abusive husband in a rent stabilized apartment in Chinatown for over a decade. In 2016, while she was visiting her parents in China, Biyu s abusive husband accepted a buyout from the building landlord, accepting $80,000 to leave. The landlord immediately changed the locks and began extensive renovations. In April 2016, Biyu returned from China to find she no longer had a home. The Legal Center s Housing Attorney and our Poverty Justice Solutions Fellow represented Biyu in an illegal lockout proceeding against her landlord. After a lengthy trial, in November 2016, the court ordered Biyu s landlord to restore the apartment, in habitable condition, back to Biyu as well as all of her possessions. Notably, the court cited the favorable decision on another case, which was featured in the New York Law Journal. Biyu was then referred to the Legal Center s Matrimonial Project for assistance in filing for divorce from her abusive husband. Breakdown of Cases by Legal Problem Area People Cases Total 9,850 7,845 Family 5,150 3,999 Immigration 3,287 2,853 Housing Miscellaneous Other Sanctuary for Families, Inc. - 2 Family 51% Immigration 36% Housing 4% Miscellaneous 5% Other 4%

3 Other Services Hotlines and Other Telephone Based Legal Services The Legal Center s major preventive and early intervention legal resource is the Legal Helpline, operated by staff attorneys with a wide range of knowledge of family, immigration, and criminal law. During the reporting period, staff attorneys and volunteer helpline coordinators assisted callers with advice, including safety planning and referrals to non-legal services. The department provided 707 callers with advice and counsel enabling them to protect their family s safety without resorting to litigation. These interventions helped vulnerable victims avoid court involvement and lengthy, complex cases that were unnecessary, not likely to be successful, and/or could place victims and their children at risk by embroiling them in legal matters that would facilitate their abusers locating them and retaliating against them. Examples include advising against seeking an order of protection in family court when there was one in criminal court, or pursuing unnecessary orders of legal custody that would result in resource-draining custody battles. Staff attorneys also assisted victims with safety planning that sometimes resulted in decisions not to pursue legal cases. The Legal Center s Intake and Referral Coordinator, a native Spanish speaker, provides all callers with comprehensive, expert legal advice, as well as safety planning, and makes referrals to both attorneys and nonlegal services, including case management and economic empowerment. Anti-Trafficking Initiative (ATI) Hotline Number: Staff within ATI maintain a trafficking Hotline number. Since finalizing this Hotline number, the Legal Center s Outreach Coordinator has been adding the number to all outreach pamphlets. As it is currently not possible to track all National Human Trafficking Resource Center hotline referrals to multiple providers in New York City, the hotline number helps Sanctuary to better capture information from potential victims, such as their demographics and how they received our information. Technology and Other Innovations Sanctuary continues to develop our Client Tracking System to meet the needs of the Legal Center. This year, we worked with our matrimonial and family law staff to enhance their ability to track the financial awards of their clients (i.e. child or spousal support, equitable distribution, etc.). Next year, we will move this system forward to also track the savings clients receive as a result of our services. In terms of staff technology utilization, Legal Center staff continue to benefit from webcams with the capability to speak with clients or potential hires through Skype. Legal Center staff are equipped with smartphones, net books, and ipads, allowing them to connect wirelessly to Sanctuary s remote desktop, Client Tracking System, or the Internet. This technology helps staff provide legal services while waiting in court or meeting with clients outside of the office. To further enhance our ability to communicate with clients, Sanctuary s conference room currently has a webcam with audio capabilities which will allow us the opportunity to conduct client meetings with clients participating via video if they are unable to travel to our office. The use of technology is in no way intended replace personal contact with clients, but is used in cases where it is unsafe or not feasible for clients to personally meet with Legal Center staff. In addition, Sanctuary Legal Center staff at the Manhattan Family Justice Center (MFJC) have pioneered the Online Filing System for Family Offense Petitions, allowing them to generate petitions remotely from their offices and e-file the demographic data that the Clerk s office would otherwise need to generate when the physical filing took place. The new electronic procedures mean that domestic violence victims pursuing orders of protection no longer need to go to a courthouse, wait to file paperwork there, and appear before a judge in person. Instead, in seven New York counties, including Westchester and Manhattan, victims can now file their petitions electronically and appear before a judge with their advocate via Skype. The legislation making this breakthrough possible was drafted by Sanctuary lawyers and passed as part of the Governor s Women s Equality Act in Since then Sanctuary lawyers in the Manhattan Family Justice Center have collaborated with the Office of Court Administration in testing out the new procedures. They have done so by appearing before Manhattan Family Court Judge J. Machelle Sweeting in several cases since the pilot program launched last year. Excellent coverage of the innovative court procedures appeared in an article on WNYC s website and in a radio interview, both including quotes from a Legal Center staff attorney. Addressing E-sexual exploitation: The Legal Center has partnered with Compliance DS to provide services to clients who are victims of e-sexual exploitation. E-sexual exploitation (also known as revenge porn ) is the disclosure of sexually explicit images of a person without their consent and for no legitimate purpose. Number of People Benefited by Legal Services Other Than Direct Legal Representation Total: 95,316 People Community Legal Education and Pro Se Assistance: 33,557 People Web Usage: 61,052 People Legal Hotline Services: 707 People Sanctuary for Families, Inc. - 3

4 Other Services, continued Legal Services Other Than Direct Legal Representation Other legal-related services include both direct and one -on-one victim services, including 2,275 civil legal and immigration screenings for 2,081 clients through the Family Justice Centers (FJCs), 461 legal referrals for 378 clients, 135 instances of translation and interpretation for 79 clients, pro se assistance for 218 clients through CAP, and legal and non-legal case management in addition to community legal education, awareness-building and training workshops, law student trainings, and know your rights sessions for victims and potential victims. Sanctuary s goal with these services is to ensure the most holistic, integrated service provision for abuse victims who frequently have multiple pressing legal needs. One key strategy is adding new legal staff with case management job functions. These staff are able to address often urgent needs ranging from health issues, to public benefits, to emergency rent and utilities, leaving attorneys to focus attention on complex legal cases, and helping clients focus their attention on their legal cases. Collaborations With Other Service Providers The Legal Center actively participates in and co-chairs the Lawyers Committee Against Domestic Violence (LCADV), a coalition of lawyers from the public and private bar who work with abuse victims and join forces to sensitize the legal system to their needs. Staff attorneys participate in the LCADV s Judges Working Groups in Manhattan, the Bronx, Brooklyn, and Queens, and take the lead on organizing its annual Fordham Law School Conference to improve the court system s response to domestic violence. With the support of the Appellate Division, Second Department, the Legal Center s Assigned Domestic Counsel Project collaborates with Safe Horizon. Our staff collaborated with New York Legal Assistance Group (NYLAG), Safe Horizon s Domestic Violence Law Project, and Her Justice in expanding and hosting the Family Justice/Domestic Violence Practice Area of probono.net, a website that provides information and technical assistance to pro bono lawyers. The Legal Center continued to convene and chair monthly meetings of the New York State Anti-Trafficking Coalition (NYSATC) with more than 140 organizations who work together to improve New York State s response to human trafficking, most recently with the passage of the TVPJA. Legal Center attorneys are active members of many Bar Committees, including The City Bar, the Matrimonial Committee, the Women s Bar Association s Domestic Violence Committee, the Judiciary Committee, and the Family and Matrimonial Law Committee, the Association of the Bar of the City of New York s Domestic Violence Committee, Association of the Bar of the City of New York s Animal Law Committee; and the Bronx Bar Association s Family and Matrimonial Law Committee. The Director of the Legal Center s Economic Justice Project serves as Secretary to the Board of Directors of the New York State Coalition Against Domestic Violence (NYSCADV). She also serves as a member of the Board of Directors of the New York s Women s Bar Association (NYWBA), for which she co-chairs the Judiciary Committee and the Domestic Violence Committee, and cochairs the Domestic Violence Committee of the Women s Bar Association of the State of New York (WBASNY). Backup or Support Services The Legal Center provided backup services to over 700 pro bono and volunteer lawyers and law students. These backup services included intensive trainings; comprehensive practice manuals, in-court mentoring, and ongoing consultations with Legal Center staff attorneys; and access to the Center s client tracking system for volunteer attorneys allowing them to access records of all Sanctuary services being provided to their clients and facilitating seamless service provision. All paralegals, pro bono attorneys, and other volunteers had access to the Legal Center s LexisNexis subscription, enabling them to conduct legal research. The Legal Center also provides comprehensive backup services to the legal and social services providers from Sources of Funding Total $7,041,355 IOLA Grant $168,000 City and County Funding $2,481,815 State Funding $1,562,639 Other Federal Programs $1,074,900 Other $1,754,001 State Funding 22% Other Federal Programs 15% Other 25% Sanctuary for Families, Inc. - 4 City and County Funding 35% IOLA Grant 3%

5 Other Services, continued more than a dozen social and legal service organizations co-located at the Family Justice Centers (FJCs) in Brooklyn, Queens, Bronx and Manhattan. There, Legal Center immigration, housing, and family law attorneys and paralegals provide technical assistance to staff from such organizations as Womankind, Her Justice, Urban Justice Center, South Brooklyn Legal Services, and the Arab American Family Service Center, and provide other support including trainings, one-on-one consultations, and the provisions of materials. Major Cases or Other Advocacy Projects New Initiative on Behalf of Incarcerated Domestic Violence Victims Sanctuary s Legal Center provides advocacy to women who are incarcerated as a result of crimes that directly emerge from their gender violence experience. We have assisted these women in criminal prosecutions, criminal appeals, and applications for clemency and parole. We are currently developing a new initiative to bring pro bono resources to these survivors, and provide legislative and public policy advocacy efforts on their behalf. Estimated Impact: The Initiative for Incarcerated Gender Violence Survivors has emerged from the cocounsel pro bono representation of Niki Rossakis in her fourth parole hearing by the Legal Center Director and a team of lawyers at the firm Weil Gotschal and Manges LLP. Severely physically, sexually, and psychologically abused by her husband for four years, Niki Rossakis killed him in 1993 with a single shot to the head using his pistol, which he kept with him at all times, after he threatened to rape her again. She was convicted of Murder in the Second Degree and sentenced to 23 years to life a sentence that was subsequently reduced on appeal to 15 years to life. In spite of her exemplary record in prison, Ms. Rossakis was denied parole three times because the Parole Board focused exclusively on her crime and failed to take into consideration, as required, the extensive evidence of her rehabilitation in prison, where she obtained two associates degrees, engaged in intensive therapy for trauma, and availed herself of a myriad of programs. Because she consistently identified herself as a victim of domestic violence, which was corroborated by the words of her then four-year-old son to a police officer investigating the murder of her husband, the Parole Board concluded that she lacked remorse. Her attorney at the Office of the Appellate Defender filed an Article 78, challenging the denial of parole, and prevailed at both the trial and appellate levels. Trial Judge Alice Schlesinger and Appellate Judge Ellen Gesmer strongly rejected the Parole Board s reasoning. Throughout Winter , the Weil team and Sanctuary s Legal Center Director made repeated visits to Taconic Correctional Facility, where Ms. Rossakis was incarcerated, to prepare her for her fourth parole hearing, and significantly reorganized and augmented her parole packet, including powerful letters from an array of wellrespected experts such as retired Bedford Hills Prison Superintendent, Elaine Lord, and Sanctuary Executive Director, Judy Harris Kluger. Ms. Rossakis was granted parole in February, and released from prison a month later. In April, she met with Sanctuary s Economic Empowerment Project Director and was accepted into EEP s spring 2017 cohort. Pro Bono Volunteer Involvement Sanctuary engages hundreds of pro bono attorneys annually from more than 40 top NYC law firms. Our fulltime Pro Bono Supervising Attorney plays a key role in identifying pro bono support for cases in multiple practice areas, and in cultivating existing relationships and building new ones with major firms. In these efforts, she receives critical support from the Senior Legal Administrative Associate in tracking pro bono cases. Below are a few highlights of our work with pro bono attorneys, law students, and other volunteers: The Legal Center provides free legal screenings to foreign-born defendants at the Queens and Brooklyn Human Trafficking Intervention Courts, who work directly with Sanctuary immigration attorneys via a network of highly-trained pro bono attorneys in Queens and law students in Brooklyn,. During this reporting period, pro bono attorneys provided legal immigration consultation to 191 of those referred to a HTIC. A total of 9 went on to engage in direct representation and case management assistance within the Legal Center s ATI. Pro Bono Statistics During , the following volunteers provided services in our program: Attorneys: 1,002 Volunteers 46,900 Hours Law Students: 507 Volunteers 10,279 Hours Other Volunteers: 33 Volunteers 2,314 Hours Total Cases Completed by Attorneys: 635 Cases Dollar Value of Attorney Services*: $11.73 million *estimated at $250 per hour CAP II will be open to a select group of law school students who have participated in the intensive CAP I program and wish to provide outreach and legal assistance to sexual assault victims on college and university campuses in New York City. Building on the success and strong partnerships of CAP s law student training and Family Court legal assistance model as well as Sanctuary s growing expertise in campus sexual assault services, via a funded project at Columbia University the partners will launch a parallel program for sexual assault victims at a number of metro NYC campuses. Campus sexual assault victims are confronted with bewildering situations: they commonly know the perpetrator as a friend or roommate and Sanctuary for Families, Inc. - 5

6 Other Services, continued worry that they will not have the support of friends or family if they pursue civil or criminal court, or campus disciplinary action; most have limited or no information available on their legal rights and recourses; and even fewer have concrete, accessible programs in place to offer advice, counseling, or other support. Victims of sexual assault have serious legal and safety needs at this early stage, and the importance of rapid intervention by skilled advocates cannot be overstated. CAP II seeks to address that significant need for advice and counsel by mobilizing volunteer resources. The Uncontested Divorce Clinic, led by the Deputy Director of our Matrimonial/Economic Justice Project (Mat/EJP), provided legal representation to 47 domestic violence victims seeking uncontested divorces from their abusers, filing 27 sets of final papers. In September 2016, the clinic launched its program for the academic year, with the Mat/EJP Deputy Director conducting an orientation for Student Coordinators from Columbia, NYU, Brooklyn, Fordham and Cardozo Law Schools. During the spring 2016 semester, a Senior Staff Attorney in the Legal Center s IIP directed Columbia Law School s U Visa Project. A U visa is a form of immigration relief available to immigrant victims of serious crimes, including domestic violence, who assist law enforcement with the investigation or prosecution of those crimes. Twelve students attended weekly seminar courses on U visas and related topics in immigration law. Working in teams, the students then prepared U visa applications, requests for work authorization, and related petitions on behalf of 6 clients and their derivative family members. The students filed a total of 17 applications that achieved immediate benefits for all clients, including Medicaid eligibility. In August 2016, the Mat/EJP Director completed a Contested Divorce Manual for pro bono attorneys in collaboration with the Legal Center s Supervising Pro bono Attorney. Sample documents are being added as appendices this fall. Fellowships/Volunteer Programs: Full-time legal volunteers from the Jesuit Volunteer Corps, Avodah, and Jewish Service Corps, as well as Immigrant Justice Corps and Poverty Justice Solutions Fellowship programs, bring highly motivated, recent college graduates at low cost to Sanctuary, and offer them valuable training, direct legal experience, and mentorship. Many fellows go on to careers in public interest law or other social and legal service non-profit work. The Legal Center also participates in the Attorney Emeritus Program, and an Attorney Emeriti worked under supervision of senior Legal Center attorneys during the report year. Supervised by the Legal Center s Deputy Director, the Ursula Forem Fellow worked with Sanctuary staff on outreach efforts as well as with CBOs to organize trainings, legal and know your rights clinics, develop multi-language outreach materials and conduct intake sessions. Additionally, she helped address the complex, interrelated legal and socioeconomic needs of clients referred by CBOs through direct client advocacy, including conducting client interviews, assisting family law attorneys with case preparation, and accompanying clients to Family Court where appropriate. The Legal Center was able to strengthen its provision of legal immigration representation to low-income victims of domestic violence and human trafficking by maintaining two Immigrant Justice Corps fellows, a Brooklyn Law School extern, a David Leebron Columbia Law School Fellow, who has been advocating on behalf of South Asian domestic violence victims, conducted outreach to South Asian community -based and religious organizations, and played a key role in advocacy efforts around forced/child marriage; and an Equal Justice Works Fellow, who is developing collaborative models between legal and health care providers on behalf of trafficking victims. In June 2016, the Legal Center kicked off its summer internship program, with six interns from five law schools, including an intensive 5-day training program carried out by senior staff instructors that covered the history of domestic violence and the law; an overview of Sanctuary and our programs; and the basics of immigration, trafficking, public benefits, family, matrimonial, and housing law. Public Benefits Legal Advocacy: Continuing her work training Brooklyn Law School students to represent clients at public benefits fair hearings, the Manager of Public Benefits Legal Advocacy trained 10 BLS students along with the two Co-Chairs of the BLS Economic Justice Coalition. Sanctuary for Families, Inc. - 6