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In re Smiley
New York Court of Appeals
36 N.Y.2d 433, 369 N.Y.S.2d 87, 330 N.E.2d 53 (1975)
- Written by Steven Pacht, JD
Facts
An indigent plaintiff wife and an indigent defendant wife (collectively, wives) requested that the county either provide them with paid counsel or compensate counsel that the wives would retain in connection with the wives’ matrimonial litigation. Per the wives, the right to paid appointed or publicly paid counsel for indigent litigants in matrimonial cases was supported by (1) a United States Supreme Court’s ruling that a state could not require indigent persons to pay court fees in marriage and divorce matters and (2) this court’s ruling that indigent matrimonial litigants could not be required to pay for expensive service of process by publication.
Rule of Law
Issue
Holding and Reasoning (Breitel, C.J.)
Dissent (Fuchsberg, J.)
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