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Pro Bono Attorney Files Appeal for
CFR Dad in Minor Marijuana Case
Did you know that you can win your case in court, but still not get your children back?
Thanks to appeals by pro bono attorneys, however, CFR clients still have a fighting chance.
CFR would like to sincerely thank one of our newest pro bono partners, David A. Paul
of Leader & Berkon LLP, for his dedication in helping CFR advocate on behalf of
disadvantaged families and change how the system handles minor marijuana cases.
David attended CFR's 2010 Celebrating Families gala and was moved by the harsh reality of the
connection between poverty and child welfare prosecutions. After the event, David recognized
the need to help and called CFR to offer his services. He recently filed an appellate brief
on behalf of CFR and a father who admitted to recreational use of marijuana and will argue this appeal
for CFR in October.
Without the support of champions like David, CFR would not have the ability to fight these types of cases.
Appeals are incredibly expensive and time consuming, and without pro bono support, are often simply beyond
the reach of poor families.
As you may have read, CFR was recently featured in a New York Times article
about a client who lost his daughter because he admitted to smoking marijuana to stimulate his appetite after
a tooth infection. The story drew distinctions between how minor marijuana cases are treated by
the police and the Administration for Children's Services (ACS). While the NYPD would simply fine
the individual for possession, ACS would often remove their children.
David's brief concerns a case that came about when ACS brought neglect charges against a father who had
tested positive for marijuana. He had admitted to using it recreationally with friends outside
his home. His children were not present and ACS did not allege that they had ever been harmed
by this, nor witnessed it. Although CFR won the case and it was dismissed by the Family Court
judge, ACS filed an appeal. We hope that CFR's appellate brief will set a precedent for how ACS
deals with such minor marijuana allegations and the children involved.
CFR is very grateful to David's dedication and effort in preparing and filing this important brief.
David is an Associate at Leader & Berkon LLP, where he specializes in product liability, commercial law,
and securities litigation. For more information about how to support CFR with pro bono legal
services, please contact Deputy Director Michele Cortese at mcortese@cfrny.org.
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