17 N.Y.3d 380
NY2011Background
- DSS filed a permanent neglect petition against Steven K. in June 2007 regarding Kathleen and Rachel K.
- Family Court found neglect in Sept. 2007; children placed in foster care and Steven ordered to undergo mental health evaluation, parenting classes, and housing improvements.
- Mother voluntarily surrendered parental rights in Dec. 2008; DSS filed termination petitions against Steven in Jan. 2009.
- In March and April 2009, Steven attempted to self-represent; counsel sought relief to withdraw and to allow self-representation, which the court denied.
- Trial proceeded; Family Court terminated parental rights due to persistent noncompliance and lack of adequate efforts to provide for the children.
- Appellate Division affirmed; this Court granted leave to appeal and affirmed on the same basis; the children were later adopted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Faretta right to self-representation applies in TPR proceedings | Steven K. seeks to represent himself | Court should permit self-representation under Faretta | No unequivocal, timely request showing knowingly voluntary waiver established |
| Whether the requests were unequivocal, timely, and supported by a searching inquiry | Requests were unequivocal and timely | Requests lacked unequivocal clarity and timeliness; no proper searching inquiry | Requests did not satisfy unequivocal, timely criteria; no searching inquiry required |
| Whether the trial court properly denied self-representation and proceeded with counsel | Right to self-representation should have been granted | Court acted within discretion to maintain fair proceedings | Court properly denied self-representation; proceedings could not be jeopardized |
Key Cases Cited
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation requires knowing, intelligent waiver)
- People v. McIntyre, 36 N.Y.2d 10 (N.Y. 1974) (state/right to self-representation doctrine)
- People v. Slaughter, 78 N.Y.2d 485 (N.Y. 1991) (searching inquiry for waiver of counsel)
- People v. Vivenzio, 62 N.Y.2d 775 (N.Y. 1984) (waiver must be knowing and voluntary)
- People v. Gillian, 8 N.Y.3d 85 (N.Y. 2006) (equivocal requests for self-representation must be clear)
- Godinez v. Moran, 509 U.S. 389 (U.S. 1993) (competency to stand trial and decision to represent oneself)