One of the most significant and long-standing problems in custody litigation is the lack of transparency in the forensic process. Emblematic of the opaqueness that befogs the process is the chaos surrounding what should be the simplest of tasks, namely, gaining access to the evaluator’s report and file. While enlightened courts recognize that due process requires full disclosure of the report and primary data,1 others impose restrictions that are nothing short of draconian.2 Time and again reform proposals have been put before the judicial administration,3 including one from the Chief Judge’s own Matrimonial Commission.4 And time and again the judicial administration has responded with thunderous silence. In the face of this administrative dithering, the Legislature now seems poised to usher in long-overdue reform.
Helene E. Weinstein, chair of the Assembly Standing Committee on the Judiciary, has put forth a bill5 which, if passed, will bring a higher level of transparency to the forensic process. Given that the transparency drum has been beaten repeatedly in this column for more than a decade,6 longtime readers will hardly be surprised that this writer supports the Weinstein bill. This article will examine the proposed legislation, potential concerns and possible tweaks that might improve the bill.
