WeSpoke Agrees: Bad Things Do Happen in the Dark
The Urgent Need for Transparency in Matrimonial and Family Courts
This op-ed was published in The New York Law Journal on November 8, 2024
The article "Bad Things Happen in the Dark: Attorneys Must Speak Up When Misleading News Reports Target Our Judiciary," published in the New York Law Journal on 10/18/24, criticizes a recent NBC 4 New York news report, by seasoned reporter Sarah Wallace, for presenting (allegedly) misleading information about Manhattan Supreme Court Justice Kathleen Waterman-Marshall.
The authors, family law attorneys Philip Katz, Danielle Petitti, and Daniel Lipschutz, argue that such reporting harms public trust in the judiciary, dramatically claiming that the judiciary is ‘under attack’. The authors do not specify precisely what was ‘grossly misleading’ about Sarah Wallace’s coverage, in which multiple, independent litigants reported the same troubling behaviors about Justice Waterman-Marshall, yet claim that they personally are the ‘disinfectant’ to cure this reporter’s hostile coverage. The article was endorsed by 46 law firms and solo practitioners practicing in family law, many specializing in ‘high conflict divorce’.
WeSpoke agrees; public trust in the judiciary is being harmed and people should speak up. That is why we find it important to voice our concerns about the troubling issues we see in our family courts. Strikingly, while lamenting a reporter’s right to serve as a check on government power by covering what happens in our publicly funded matrimonial courts, the co-authors readily admit that they have connections to Justice Waterman-Marshall and are likely to have future cases before her.
It seems these lawyers prioritized writing a flattering article aimed at a judge who is supposed to be a neutral arbiter for litigants over considering Rule 3.5 of the New York Rules of Professional Conduct, which prohibits any conduct that might be perceived as attempting to improperly influence a judge. These guidelines are essential for ensuring fairness and integrity in the judicial process, preventing any party from gaining an unfair advantage through inappropriate communications. Moreover, these ethical rules highlight the importance of professionalism and respect for the legal system—values the authors claim are being undermined by Wallace’s reporting—while seemingly ignoring their own appearance of impropriety.
It is troubling to see legal professionals in matrimonial courts—where matters of families’ lives are at stake—openly publish a fawning article directed at a judge they may appear before. It is further troubling that 46 law firms and lawyers deemed it appropriate to show their support for this article.
We believe that transparency is lacking in our judicial system, especially in the family and matrimonial courts. We found apparent discrepancies in the financial disclosures of co-author Philip Katz, who serves as an Attorney for the Child (AFC) in New York courts. AFCs play a crucial role in family courts by representing the legal interests and wishes of children in custody, abuse, neglect, and parental rights cases. The Office of Attorneys for the Children mandates that AFCs submit form UCS 872 - Notice of Appointment and Certification of Compliance. This mandate emphasizes the importance of transparency and accountability regarding AFC income and relationships. By reporting these details, AFCs can help ensure that their appointments are above board, fostering trust in the legal process and protecting the best interests of children in family court.
WeSpoke has knowledge of court orders appointing Katz as a privately paid AFC - by Justice Waterman-Marshall - but a review of disclosures in the New York Courts’ Fiduciary Appointments public database indicates Katz earned $0 income for 2023 and 2024. Similarly, co-author Daniel Lipschutz, a partner at Aronson, Mayefsky & Sloan, LLP, appears to have undisclosed appointments and is not listed on the approved roster. This lack of transparency is concerning to us as members of the public.
But this is not just about one judge or a couple of attorneys. This is about uncovering the underlying culture promoted in the family and matrimonial court system. This was the apparent intention of Sarah Wallace’s reporting, and that system fired back in a stealth DARVO attack on the free press.
The principle that "bad things happen in the dark" applies to the courts as well. If these lawyers truly care about the public’s confidence in the judiciary, they should advocate for greater transparency and should welcome the media into their court rooms, encouraging them to cover family court matters more frequently to promote accountability and assure the public that they have nothing to hide.
WeSpoke Action Committee
Click here for a PDF printable version of WeSpoke Agrees: Bad Things Do Happen in the Dark - which includes all of our supporting data for this article. We grant everyone permission to reprint and share this article.
Sign up for our mailing list: