Matter of Gugliara v. Gugliara

Summary

The Appellate Division, Second Department, reversed an order of protection issued after a Family Court hearing and remitted the matter for a new hearing and determination. The court held that the appellant did not knowingly, voluntarily, and intelligently waive his statutory right to counsel because he did not understand the court's explanation of the risks of proceeding without counsel.

Holdings

1. A party may waive the right to counsel only if the waiver is made knowingly, voluntarily, and intelligently, and the Family Court must conduct a searching inquiry sufficient to establish that the party understands the dangers and disadvantages of proceeding without counsel.
2. Deprivation of a party's right to counsel under Family Court Act § 262 requires reversal without regard to the merits of the unrepresented party's position.

Questions Presented

1. Whether the Family Court adequately established that Lawrence Gugliara knowingly, voluntarily, and intelligently waived his statutory right to counsel in the Family Court Act article 8 proceeding.
2. Whether deprivation of the right to counsel required reversal of the order of protection without consideration of the merits.

Disposition

reversed_and_remanded