Articles

JUDGE MARY ELLEN FITZMAURICE

by Michael Goldsmith

Judge Mary Ellen Fitzmaurice brings a unique background and a lifetime of community service to her position as Supervising Judge of the Queens County Family Court.

Judge Fitzmaurice grew up in Mineola, Long Island. She a graduate of Our Lady of Mercy Academy High School in Syosset, New York. One of our more athletic judges, she received her Bachelor of Arts in 1970 from Molloy College where she was captain of the basketball team and earned a listing in Who's Who in American Colleges and Universities (1970) and Who's Who National Collegiate Athletes 1970. In 1993, Judge Fitzmaurice was the first inductee to Molloy College's "Hall of Fame".

Judge Fitzmaurice studied theology at St. Stephen's Priory in Dover, Massachusetts from 1972-1973 and was a member of the Sisters of St. Dominic from 1971 to 1990.

While in the convent, the future judge usually lived in poor neighborhoods. "I felt I could accomplish a lot of good with a law degree," recalled the Judge. Judge Fitzmaurice went on to receive her Juris Doctor in 1979 from St. John's University.

Judge Fitzmaurice was an attorney in The Legal Aid Society Juvenile Rights Division from 1979 to 1981, where she represented juveniles in abuse and neglect cases, juvenile delinquency cases, custody and visitation cases and cases involving persons in need of supervision (PINS).

From 1981 through 1983, Judge Fitzmaurice was an associate at the Christic Institute in Washington D.C., a public interest law firm. While there, working with a team of attorneys, she successfully represented Eddie Carthan, the first African American Mayor of Tchula, Mississippi, who was charged with capital murder. Judge Fitzmaurice's efforts included jury selection, interviewing witnesses and community organizing which ultimately led to Mayor Carthan's acquittal.

From 1984 through 1987 Judge Fitzmaurice was an Assistant Supervising Attorney in Kings County Family Court for the Human Resources Administration's Office of Legal Affairs, where she supervised a staff of over 30 attorneys and paralegals and tried the more legally complex cases.

Judge Fitzmaurice was also in private practice for four years, concentrating on family law and real estate. Furthermore, from 1975 to 1979 Judge Fitzmaurice represented children and parents in suspension hearings and committees on the handicapped before the New York City Board of Education. Judge Fitzmaurice has served as a member of the Legal Defense Panel for the Indigent in Family Court. Prior to becoming an attorney, Judge Fitzmaurice taught elementary school for three years as well as paralegal courses at City University of New York, York College.

Judge Mary Ellen Fitzmaurice was appointed a Judge of the Family Court of the State of New York on October 4, 1990, and has presided in Bronx and Queens Counties.

On November 20, 1995, Judge Fitzmaurice was appointed Supervising Judge of Queens County Family Court by Judge Judith S. Kaye and Chief Administrative Judge E. Leo Milonas and was made an acting Supreme Court Judge. As Supervising Judge, Judge Fitzmaurice has responsibility for the operation of Queens County Family Court which is comprised of seven judges and l06 non-judicial employees. Queens County handled 35,000 cases last year. Judge Fitzmaurice hears all designated felony cases in Queens County Family Court.

"I enjoy being a judge," said Judge Fitzmaurice, although it is a "difficult job," and "sometimes lonely." "I see difficult and painful things, but I often see joyful things, such as adoptions, reconciliations, and witness the rehabilitation of individuals."

"In Family Court," said the Judge, "we have a staggering case load. We are often the court of first and last resort. We hear the most difficult kinds of cases; cases which cut to the heart of people, such as custody matters in which children are taken away from a parent. In many instances, the litigants are highly charged emotionally. Parents who kill themselves working two jobs have to take time off from work because their child was arrested. People are beaten up by their supposed loved ones. Other cases may involve child abuse or the enforcement of child support orders. Our goal is to try and resolve things as calmly and quickly as possible."

"We have a great staff here in the Family Court," said the Judge. "The clerks, court officers, and interpreters are a terrific group of people. We also have a very collegial bench. We genuinely like each other, and have lunch together twice a week. We try to work with each other around conflicts."

There are plans in the works to help the Queens Family Court deal with its huge case load. "To help deal with the volume," said Judge Fitzmaurice, "Queens will soon have a system of specialized parts in the Family Court. The new system is already in effect in Manhattan and the Bronx. There will be four categories of cases: Delinquency, Article 10 (abuse, neglect, custody, termination of parental rights, adoption, domestic violence), PINS and Child Support. The system would facilitate cases and cut waiting time. It would eliminate the number of parts in which attorneys would have to appear. It would make life easier for the 18(B) and Legal Aid attorneys. It would also permit the judges to specialize. Some judges may miss the variety, but we will do anything to help the system. We also hope to have an eighth judge in Queens."

Moreover, there are also plans for a new courthouse. "Our new home will be on Jamaica Avenue, across from Rufus King Park, and it should be fully constructed by 2002 or 2003," said Judge Fitzmaurice.

Judge Fitzmaurice's contributions to the legal system do not end when she hangs up her judicial robe at the end of the day. She chaired the New York City Family Court Gender-bias Committee from 1991 to 1995, a local committee of the New Judicial Committee on Women in the Courts, which addressed issues of equal access to the courts as well as facilities issues. As chair of the Committee and with the collaborative efforts of the Queens Borough President, Clair Shulman, and Queens District Attorney, Richard Brown, Judge Fitzmaurice was able to restart a much need supervised visitation program in Queens County.

Additionally, the Gender-bias Committee, working with grants instituted by The Permanent Judicial Commission on Justice for Children and with donations from Queens County civic leaders, recently completely renovated the children's waiting center in Queens County Family Court.

Judge Fitzmaurice is active in many professional organizations. She is a member of the Association of the Bar of the City New York and a member of the Committee to Encourage Judicial Service, the Queens Bar Association and a member of the Juvenile Justice Committee, the New York State Association of Family Court Judges, National Association of Women Judges, New York State Association of Women Judges, Women's Bar Association of the State of New York and a member of the Family Court Advisory Counsel where she chairs the Paternity/Child Support subcommittee.