“The freedom to criticize judges and other public officials is necessary to a vibrant democracy.” Sandra Day O’Connor
There are some things I just will never understand and politics is right up there. I tip my hat to the Powers That Be who successfully passed the Judicial Budget and in particular the request for 25 new Family Court judges for the state at a cost of $1 million per year per judge. It’s nice work if you can get it. My state Assemblywoman Patricia Fahy sponsored the legislation and my state Senator Cecilia Tkaczyk said, “Increased caseloads in our Family Courts have created a massive backlog that is having a devastating effect on young children and families.” I haven’t seen either lately in Schenectady or Albany Family Courts, but maybe that’s just happenstance. After all the blathering about the crying need for these guys, I looked up the statistics of that massive backlog for our two new judgeships: Albany and Schenectady. We know there has been a marked decline in filings statewide, so maybe there is a crying need in those counties that are receiving the new judges. From 2009 to 2013, the statewide filings declined 6.8%. In 2009 Albany County Family Court had 17,402 filings and in 2013 it had 15,242. As we know, each child in a petition gets a separate docket number. By my feeble arithmetic, that’s a decline of over 12% in four years. So while each judge handles 719 fewer cases than four years ago, we’ve added another judge making each judge handle 1,290 fewer cases next year than he or she did this year, assuming the decline in filings doesn’t continue. Sounds worth a million dollars per year to me. But hey, maybe Albany County Family Court is just an outlier. Let’s see what’s going on in Schenectady County, home of the Electric City. In 2009 they had 11,409 filings and 2013 they had 9,477 filings. Congratulations, a decline of 17%. Each judge today handles 966 fewer cases per year than four years ago. So, let’s add another one so they can handle 1,579 fewer! For the Fund for Modern Courts, Senator Tkaczyk, Assemblywoman Fahy, Judge Lippman and host of others, thanks a lot. You’ve taken a problem that doesn’t exist, cost us $25 million per year and used the resources where they seem to be least needed. Good work.
Now, I’m not privy to the work requirements of the average Family Court judge. As far as I know, they are plenty busy. But it does beg the question why do Family Court judges in Albany and Schenectady Counties volunteer for Supreme Court work if they are shouldering a backlog of any kind. One of the 25 new judges has been awarded to Ulster County, where both Family Court judges volunteer one day a week to do Supreme Court work necessitating a Judicial Hearing Officer to take the reins. Maybe if they stayed in their own courtrooms, we could save a buck or two.
Here’s another example of the mystery of politics. Remember Cassie v. Cassie ? This was the idiotic 2013 Second Department decision that held that a husband who tries to push his wife down the stairs, twists her arm causing pain and pushes her against a wall does not commit the family offense of disorderly conduct because he did not have the intent to cause public inconvenience, annoyance or alarm or recklessly creating a risk thereof. Order of Protection reversed, petition dismissed, welcome home Mr. Cassie. While Family Court Act §812(1) says that disorderly conduct need not occur in a public place, there is no language changing the intent portion of the law. Well, a fine legislator from Brooklyn named Félix Ortiz introduced a bill to correct this injustice as the Cassie decision subverts the intent of a law designed to protect people who are the victims of domestic violence. Assemblyman Ortiz’ law removes the requirement of “public” intent from domestic violence offenses in Article 8 of the Family Court Act. Sounds like a no brainer to me. So what happens? It was introduced last October and was promptly referred to the Assembly Judiciary Committee where it sits to this day. This committee is chaired by Helene Weinstein and nothing moves there without her say. She touts herself as a fighter against domestic violence and her website is quick to remind us that she “helped launch the ‘Shine the Light on Domestic Violence’ campaign. Assemblywoman Weinstein has long championed rights for victims of domestic violence.” Maybe so, but not the Mrs. Cassies of this state. To her credit, Weinstein’s “Shine the Light on Domestic Violence” campaign did get the lights atop the Empire State Building turned purple for a while. I’m sure that helped. This is the same woman who thought it was a good idea to have permanent maintenance guidelines in New York in spite of the opposition of the NYSBA Family Law Section, the Women’s Bar Association and yours truly. Like I say, I don’t understand politics.
Here’s some other political things that puzzle me, but then again I’m easily flummoxed. The Unified Court System is sponsoring statewide seminars called “Everything You Need to Know About Becoming a Judge.” Maybe former Administrative Judge Kamins should give the lecture as he is back from vacation trying cases. The intent of these things is to “host seminars on the path to becoming a judge in districts where there is a lack of diversity on the bench.” One such soiree was held in Buffalo, another in New York City for aspiring Asian judges and another is scheduled for Albany Law School in September. I’m not sure which group is being targeted there. Here’s the one thing I do know. If you want to be a judge in Albany County, it helps to be favored by Matt Clyne, Election Commissioner to the stars and Chairman of the Albany County Democratic Committee. His idea of diversity recently is that there are not enough Irish American males on the bench in the Third Judicial District. Éirinn go Brách.
The last I looked at Article VI of the New York State Constitution, it was not within the powers of the judiciary to dole out money. Section 29 of that Article provides that the Legislature awards the money for the operation of the court system, but not to give it away to someone else. Surprisingly, the Chief Judge and I disagree about this. He is intent on handing out oodles of cash to charities and organizations deemed appropriate for the “legal services to the poor.” If you don’t believe me, trundle on down to the Court of Appeals on October 6 at 2 p.m. The Chief Judge is holding hearings on the effectiveness of handing out money for the “unmet need for civil legal services by low income New Yorkers confronting legal problems involving the ‘essentials of life.’” So, our judiciary is no longer involved in just operating the courts and dispensing justice. It is now a vehicle for financing social reform and redress, like it or not. I’m not talking chump change here. It started out as $12.5 million for fiscal year 2011-2012, but now it is up $55 million for 2014-2015. Where do I sign up?
Finally, did you get the missive from the Albany County Bar Association about the “Newsletter Committee” which is charged with “reviewing and revamping our monthly newsletter?” After 100 years I guess they thought this was a good idea. They are seeking members with editorial or newsletter experience. I suggested former member and fellow matrimonial lawyer Andrew Capoccia. He was always a very good writer, and he has lots of time on his hands as he has a few more years in the Federal pokey for his white collar crime convictions.
There, I’m glad I got all that stuff off my chest.
