Chief Judge Rowan Wilson Cites NYSBA Report in State of the Judiciary, Reinforcing Call for Structural Reform in Family Court

Chief Judge Rowan Wilson Cites NYSBA Report in State of the Judiciary, Reinforcing Call for Structural Reform in Family Court

2.9.2026

By Matthew Pennello

In his 2026 State of the Judiciary address, Chief Judge Rowan Wilson delivered a critique of the structural failures embedded in New York’s Family Court system—naming poverty, racial disproportionality, excessive caseloads, and systemic underinvestment as defining challenges. In doing so, he explicitly referenced the New York State Bar Association’s 2022 Report and Recommendations on Racial Justice and Child Welfare, underscoring its continued relevance to ongoing reform efforts.

The Chief Judge’s recognition of the report is significant, confirming that the association’s work has not only shaped policy discussions but is informing the Judiciary’s own institutional assessment of where reform is most urgently needed.

Poverty Is Driving the Docket

A central theme of the address was the stark reality that the overwhelming majority of Family Court cases—approximately 75% under recent national data—involve parents struggling to meet their children’s needs because of poverty. Chief Judge Wilson emphasized that these cases are often rooted not in intentional abuse, but in economic instability, housing insecurity, untreated trauma, and lack of access to services.

That analysis mirrors the core findings of the New York State Bar Association’s 2022 report, which documents how neglect allegations frequently function as proxies for poverty and disproportionately impact Black families. The report calls for systemic change that addresses root causes—economic inequity and underinvestment in communities—rather than relying on family separation as a blunt instrument of intervention.

The Chief Judge’s endorsement of upstream investment, including expanded childcare and preventive services, aligns squarely with the association’s policy recommendations.

Confronting Structural Racism

The 2022 report recognizes systemic racism within New York’s child welfare framework, detailing disproportionate investigation rates, higher removal rates, longer foster care placements, and increased termination of parental rights affecting Black families.

In his address, Chief Judge Wilson acknowledged similar disparities, including evidence that children of color are more likely to be reported and scrutinized as suspected abuse victims in medical settings. By naming these inequities publicly—and citing NYBSA’s work—the Judiciary signaled that racial disproportionality in child welfare is not incidental. It is structural.

The 2022 report calls for repeal of laws and practices rooted in discriminatory assumptions, strengthening of oversight of child protective processes, and a shift toward family preservation. The Chief Judge’s remarks demonstrate growing institutional alignment with those objectives.

Due Process and Representation

Guest speakers during the address reinforced another key theme of the 2022 report: due process cannot function where representation is overburdened and underfunded.

Family defense practitioners described unsustainable caseloads and imbalances between prosecution and defense resources. Young adults who spent years in Family Court spoke about the transformative impact of having an attorney who truly listened. Parents described the trauma of being treated as presumptively guilty before evidence was heard.

The 2022 report advocates strengthened parental and child representation, increased assigned counsel rates, and early, meaningful advocacy to prevent unnecessary removals. The Judiciary’s recognition of these issues validates the association’s longstanding legislative priority that fairness in Family Court depends on robust representation.

From Recognition to Reform

The Chief Judge’s explicit reference to NYSBA’s 2022 report affirms the challenges facing Family Court are systemic and require structural solutions.

The association identified the drivers of inequity in 2022 and put forward concrete recommendations for legislative, budgetary, and judicial reform. Four years later, the Chief Judge has confirmed that those recommendations remain central to the path forward.

For more information on NYSBA’s Government Relations Department and the Association’s Legislative Priorities, please go to: https://nysba.org/governmentrelations/