June 12, 2024
Contact: press@justice4survivors.com, (203)641-6681
FOR IMMEDIATE RELEASE
Thousands of Survivors Await Their Day in Court Five Years After CVA Passage
New York – Today, the Coalition for Just and Compassionate Compensation – an advocacy group dedicated to supporting survivors of childhood sexual abuse – sent a letter to the Hon. Joseph A. Zayas, Chief Administrative Judge of the New York State Unified Court System, calling on the court system to help address the massive backlog of thousands of unresolved Child Victims Act (CVA) cases.
Five years after passage of the CVA, including cases in bankruptcy proceedings, an estimated 94% of survivors are still waiting for their day in court, prolonging the suffering and trauma they’ve endured. The full text of the letter can be found below.
Dear Judge Zayas,
We are writing on behalf of the Coalition for Just and Compassionate Compensation (CJCC), an advocacy group dedicated to supporting survivors of childhood sexual abuse. Our coalition represents individuals whose cases have been filed under the New York Child Victims Act (CVA), a landmark piece of legislation intended to provide a path to justice for survivors.
We are writing to express our deep concern over the significant backlog of unresolved CVA cases within the New York State court system, and to request a meeting with you or your staff to help address it. Since the passage of the CVA in 2019, including in bankruptcy proceedings, an estimated 94% of survivors are still awaiting their day in court. This delay is causing immense distress and frustration among the survivors we represent, many of whom have already endured prolonged periods of suffering and trauma.
The intent of the CVA was to offer a legal avenue for survivors to seek justice and hold accountable those responsible for the heinous acts committed against them. Unfortunately, the current pace at which these cases are being processed is undermining the very purpose of this important legislation. Survivors are feeling re-victimized by the slow-moving legal process, and some have even passed away before seeing their cases addressed.
We acknowledge the unprecedented challenges posed by the COVID-19 pandemic, which have undoubtedly contributed to the delays. However, as the state moves forward, it is crucial that the judiciary prioritizes the resolution of CVA cases.
We respectfully request that your office take immediate and decisive action to address this backlog. Specifically, we propose the following measures:
- Set Trial Dates: Expedite trial dates for as many cases as possible even in cases where the note of issue has not been filed.
- Increase Judicial Resources: Assign additional judges and court staff specifically to handle CVA cases to expedite the resolution process.
- Establish A Dedicated CVA Court: Consider creating specialized courts or dockets solely for CVA cases to ensure focused attention and quicker resolution.
- Regular Status Reports: Implement a system for regular status updates on the progress of CVA cases to ensure transparency and accountability.
We believe that these steps will significantly alleviate the current backlog and help fulfill the promise of justice that the CVA was designed to deliver. Survivors of childhood sexual abuse deserve timely and compassionate handling of their cases, and we trust that your leadership will be instrumental in achieving this goal.
Thank you for your attention to this critical matter. We are hopeful for a positive and swift resolution and stand ready to assist in any way necessary to support these efforts.
Sincerely,
David Catalfamo
Stephen Jimenez
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The Coalition for Just and Compassionate Compensation (“CJCC”) is an independent alliance of survivors of child sex abuse, their representatives, and advocates seeking full restitution for survivors of child sex abuse. Among members of the coalition are attorneys James Marsh, Founding Partner at Marsh Law Firm, Jeff Herman, Founder of Herman Law Firm, and Hillary Nappi, Partner at Hach Rose Schirripa & Cheverie, who represent thousands of sexual abuse survivors in litigation against public and private entities.