News & Events

On June 27, 2017, the New York Supreme Court, Appellate Division, First Department unanimously reversed decisions of the Bronx County Family Court, which denied two Simpson Thacher clients the right to share documents with their criminal defense counsel. The Firm’s clients faced parallel proceedings in family court and criminal court. Working with The Bronx Defenders, the Firm filed motions asking the family court to clarify that our clients had the right to share these documents and communicate freely with their criminal counsel. After the motions were denied, the Firm filed appeals to the First Department, which reversed the family courts’ decisions on both the statutory and constitutional grounds raised by the Firm. Specifically, the First Department held that the Social Services Law did not bar the Firm’s clients from sharing Progress Notes prepared by Administration for Children’s Services caseworkers with their defense counsel, and held that, “[a]ny other result would violate their First and Sixth Amendment rights.” 

The Simpson Thacher team included Mark Stein, David Elbaum (who argued the appeal), David Rochelson and Melanie Jolson. 

The New York Law Journal wrote about the decision on July 6, 2017. To read the article, please click here (subscription required).