Fourth Department —Ineffective Assistance: Matter of Jada G.

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Appellate Division, Fourth Department

Ineffective Assistance

Conflict of Interest — Attorney and Witness

Matter of Jada G.
CAF 12-02269
Appealed from Family Court, Wyoming County

Background: The mother appealed from an order terminating her parental rights on the ground of permanent neglect and transferred guardianship and custody. The mother argued that she was denied effective assistance of counsel.

Ruling: The Appellate Division affirmed. The court found that the mother’s attorney provided meaningful representation at the hearing on the petition that she had violated the terms of the suspended judgment. Further, the alleged conflict of interest between her attorney and a witness called by the petitioner does not require reversal. The testimony was trivial in nature and the court had questioned the mother wherein she understood the relationship between the two and was not concerned about her attorney questioning the witness.

Mary P. Davison of the Davison Law Office for the respondent-appellant; Wendy S. Sisson for the petitioner-respondent; Linda M. Jones, attorney for the children