Transgender Litigants in the Court System
Providing Equal Access and Impartial Justice
This three part program, offered by the New York State Judicial Institute and New York City Civil Court, discusses the issues that impact transgender litigants’ access to New York state courts.
CLE credit is not available for this program.
Part 1 examines the ethical obligations judges and court personnel must adhere to in providing a discrimination free environment for transgender litigants, lays out a foundation for establishing cultural competence with respect to transgender people, and examines proposed best practices for judges and court personnel to employ in order to provide transgender people discrimination free access to the courts.
Video | Transcript | Faculty | Material
Part 2 addresses the legal requirements and issues attending civil name change proceedings and examines a series of hypothetical scenarios that come up in the family court context involving transgender litigants.
Video | Transcript | Faculty | Material
Part 3, which focuses on issues of access that arise in the criminal courts, reviews the language used by judicial and nonjudicial personnel in addressing transgender persons (e.g., pronoun and prefix usage in the criminal courts), discusses alternative to incarceration programs available for transgender persons, and examines the obstacles transgender litigants face in the community and how it relates to their potential (and perceived) behavior in the criminal courts.
Video | Transcript | Faculty | Material
Part 1
Faculty
Hon. Peter Moulton is a Justice of the Supreme Court, New York County. Justice Moulton previously served as Supervising Judge of the Civil Court, New York County.
Hon. Paula J. Hepner (ret.) is a former Judge of the Family Court of the State of New York. Judge Hepner served as the Supervising Judge for the Kings County Family Court from 2008-2012 and for the Richmond County Family Court from 2008-2010.
Elana Redfield, Esq. is a staff attorney with the Sylvia Rivera Law Project (SRLP), a non-profit organization that represents low income New Yorkers who are transgender, gender non-conforming, or intersex. Ms. Redfield currently directs the Survival and Self Determination project at SRLP.
Material
Ethical Obligations/Cultural Competency/Best Practices PowerPoint
Rules of the Chief Judge Part 100.3, 22 NYCRR 100.3 (Canons of Judicial Conduct)
Lawyer’s Code of Professional Responsibility Rule 8.4
Rules of the Chief Administrative Judge Part 20.1, 22 NYCRR 20.1 (Nonpublic Facilities)
Transgender 101 Handout for Judges
Transphobic Words and Phrases Chart
KB v JR, 26 Misc 3d 465 (2009)
Karin T v Michael T, 127 Misc 2d 14 (1985)
Part 2
Faculty
Hon. Peter Moulton is a Justice of the Supreme Court, New York County. Justice Moulton previously served as Supervising Judge of the Civil Court, New York County.
Hon. Paula J. Hepner (ret.) is a former Judge of the Family Court of the State of New York. Judge Hepner served as the Supervising Judge for the Kings County Family Court from 2008-2012 and for the Richmond County Family Court from 2008-2010.
Kimberly Forte, Esq. is the Supervising Attorney for The Legal Aid Society’s LGBT Law and Policy Initiative.
Pooja Gehi, Esq. is a staff attorney with the Sylvia Rivera Law Project (SRLP). Ms. Gehi currently directs the Immigrant Justice Project at SRLP.
Elana Redfield, Esq. is a staff attorney with the Sylvia Rivera Law Project.
Megan Stuart, Esq. is a staff attorney at the Urban Justice Center's Peter Cicchino Youth Project (PCYP), which serves homeless and street-involved youth under 25.
Material
Recap - Ethical Obligations/Cultural Competency/Best Practices PowerPoint (Note Format)
NY Civil Court Name Change PowerPoint (Note Format)
Matter of Olin Winn-Ritzenberg
Matter of Powell, 95 AD3d 1631 (3d Dept 2012)
Matter of Golden, 56 AD3d 1109 (3d Dept 2008)
Matter of the Application of E.P.L., 2009 WL 3764453
Immigration Name Change Decision (redacted)
Family Court Case Law and Resource List - Transgender Litigants in Family Court
NYCACS Memorandum - NMR Guidance for Trans-Related Healthcare
NYSOCFS LGBTQ Youth Policy (PPM 3442.00)
Part 3
Faculty
Hon. Juanita Bing Newton is a Judge of the New York State Court of Claims, an Acting Supreme Court Justice and the Dean of the New York State Judicial Institute.
Justine M. Luongo, Esq. is the Deputy Attorney-in-Charge of The Legal Aid Society’s Criminal Practice.
Elana Redfield, Esq. is a staff attorney with the Sylvia Rivera Law Project.
Patrick A. Sands is the Chief Executive Officer and Founder of SANDS' House, Inc., a not-for-profit organization whose mission is to provide access to services and promote mental and emotional healing for currently and previously incarcerated LBGTQ and SGL persons.
Material
Transgender Presentation Recap (Criminal Matters Session)
Shiloh Diversion Program Powerpoint
