Articles

JUDICIAL PROFILE; HON. ARTHUR W. LONSCHEIN

By Michael Goldsmith

A decorated war hero. A distinguished trial attorney. A provider of pro bono legal services. A prolific Judge who is honored by his peers. These are a few of the achievements of the Hon. Arthur W. Lonschein.

Arthur Wilson Lonschein was born in Brooklyn in 1924. His middle name was given to him by his father, a WWI veteran, in honor of his Commander-In-Chief. Justice Lonschein's family lived on 88th Avenue in Jamaica until 1937, in a house that is visible from his Robing Room. As a youth, the future judge played in a vacant lot on Sutphin Blvd, on which now stands the Courthouse in which he now sits. Reflecting the diversity that is Queens, Justice Lonschein's old house is now a Hindu Temple.

Justice Lonschein grew up surrounded by lawyers. His father owned a store on Jamaica Avenue when Jamaica was the law center of Long Island. The store was across the street from the Jamaica Town Hall where the Magistrate's Court, the Municipal Court and Court of Special Sessions convened.

Justice Lonschein graduated from Jamaica High School on the eve of WWII, in 1941. When the war broke out, Justice Lonschein enlisted in the Air Corps. He served three and a half years in the Southwestern Pacific, and flew over 70 bomber missions in a B-24. As a result of his distinguished service, he was awarded the Air Medal.

Corporal Lonschein became interested in the law from reading Perry Mason stories while overseas. He accepted the offer of a free legal education from a grateful government, and attended Brooklyn Law School, graduating in 1950. Justice Lonschein was sponsored for admission to the bar by the distinguished jurist, Charles S. Colden.

It seemed that Justice Lonschein was destined to be a trial attorney from the beginning of his legal career. The first of the thousands of cases that he tried was on December 20, 1951, the same day that he was admitted to the bar. He successfully defended an action on a promissory note in the 9th District Municipal Court in Manhattan.

As an attorney, Justice Lonschein tried cases in virtually every State Court, from Magistrate's Courts, Criminal Courts, Supreme Courts, to the Appellate Division and the Court of Appeals. He also tried cases in Federal Courts, in the Eastern and Southern Districts, and the Circuit Court. Justice Lonschein has even tried cases in Connecticut and Los Angeles pro hac vice.

There was a time that there was no Legal Aid Society providing free legal services for the low income people of Queens. For about ten years, Justice Lonschein, through the Queens County Bar Association Legal Aid Committee, helped pick up the slack, and provided legal services to the needy. Justice Lonschein himself tried murder and felony cases pro bono. "We paid for subpoenas out of our own pockets. Our only reward was the gratification that we did a good job."

Justice Lonschein's legal career had many distinctions. He tried the first felony case in the new building after the County Court was moved to Queens Blvd. Justice Lonschein is most proud of his position as trial counsel and his argument before the Court of Appeals in the People v. Donovan, which was one of New York's first cases concerning the right to counsel for one in custody. The case was eventually cited in the United States Supreme Court's landmark decision in Miranda v. Arizona.

Justice Lonschein is very proud of the fact that he was a "daily courthouse lawyer," and a "bread and butter lawyer." Justice Lonschein truly enjoyed trial work, saying, "I know what it is like to win, and I know what it is like to lose. He even felt a "certain gratification in losing cases if I knew that I did my best." Justice Lonschein added that "the practice of law is the greatest profession that any person can aspire to. Lawyers are the best people on earth." Justice Lonschein liked the "sense of adventure," in trying cases, and the feeling of being "a member of an elite profession." Justice Lonschein also derived pleasure from "doing something for the community."

In the early 1970's, Justice Lonschein's interest in politics led him to become the lead attorney for the Queens Democrat Organization. In 1974, he was elected to the Civil Court, and two years later, he was elected to the Supreme Court, where he now sits.

Justice Lonschein appreciates the great public service he performs on the bench. "It is something I am deeply involved in. I look forward to coming into Court in the morning because every day has a new challenge."

It is well that Justice Lonschein enjoys challenges, because he has an extremely varied docket. Along with sitting in a trial part, Justice Lonschein has special duties. He is the bail review judge. He also is the only judge that sits in the nuisance/abatement part, which is involved with shutting down public nuisances like locations that peddle drugs, house bordellos, and contain pornographic theaters. In addition, from time to time, Justice Lonschein tries criminal cases at the behest of the Administrative Judge.

Justice Lonschein presided over many memorable trials, and is the author of over 75 opinions published in the official reports. One case that comes to mind involved a purse snatching wherein the screams of the victim caused her neighbors to pursue the culprit. He was eventually captured in front of an apartment house in Kew Gardens. The residents of the building applauded and threw down rope to restrain the perpetrator. This was an example of people getting involved and neighborhood cooperation," said Justice Lonschein. "The twist to this story," continued the Judge, "is that the suspect was apprehended in front of the same building where Kitty Genovese was murdered years before where no one came to her rescue."

Not only has Justice Lonschein presided over many celebrated trials, he was one of New York State's most notable defendants. A disgruntled attorney sued Justice Lonschein in the Southern District Court because Justice Lonschein ordered the attorney to wear a tie at a court appearance. The plaintiff's theory in the $125,000 lawsuit was that he suffered from "impermissible sex discrimination" because female attorneys are not required to wear neck ties. Judge Haight of the federal court rejected plaintiff's argument, ruling that judges have an "inherent power" to ensure proper decorum in their courtrooms. Judge Haight further went on to say that until the "dreadful day when unisex identity of dress and appearance arrives, judges should be entitled to "some latitude in differentiating" between male and female attorneys, "within the context of decorous professional behavior and appearance."

This strange episode illustrates the strong feelings held by Justice Lonschein on the dignity of the legal profession. [See Insert]. Since the Courthouse is where people come to seek justice, "the court should be a dignified place," said Justice Lonschein. Justice Lonschein's courtroom and robing room may be the best appearing in Jamaica. Much of the work, including the repair of furniture, was done by the Judge himself. The microphone on the witness stand and a pager that alerts the court officer as to when the jury reaches a verdict were installed by and paid for by the Judge himself.

Justice Lonschein received many honors during his distinguished career. He was honored by his peers when he, at the behest of the Office of Court Administration, served as a lecturer at a judicial seminar held for all trial judges in New York State on various subjects.

In 1989, Justice Lonschein was also honored by his old high school. In commemoration for his service an organizer and long time participant Jamaica High School's Moot Court Program, the moot court room, Room 353A, is now named the Judge Arthur W. Lonschein Courtroom.

Justice Lonschein was also honored for his recent military service. As a Lt. Colonel in the New York National Guard (J.A.G. Section), he was awarded the N.Y.S. Military Commendation Medal for service during Operation Desert Storm when he provided legal services and counseling to the soldiers before they were shipped overseas.

Justice Lonschein is "proud that he came to the bench as a well seasoned trial attorney." He "appreciates and empathizes" with lawyers. He added that "it is especially gratifying to have attorneys come fully prepared with their cases and I am sure every judge will speak about what a pleasure it is to preside over a case when the attorneys on all sides are competent, knowledgeable and well prepared. In most cases attorneys fulfill the expectations that I have of them, to my gratification."

Justice Lonschein is married and has two children. He lives in Atlantic Beach, and is a Civil War buff. He periodically lectures at the NYS Trial Lawyers Institute. Justice Lonschein currently sits in Part 2, Courtroom 67, which overlooks the house in which he grew up.