Articles

Profile of Judge Salvatore Modica

By Michael Goldsmith

Family Court Judge Salvatore J. Modica, while new to the Family Court, is not new to the bench. Moreover, the he is one-half of the Judiciary power couple of Queens County.

Judge Modica grew up in Douglaston, Queens. “I had an older cousin who served in the JAG in Arizona,” said Judge Modica. “He used to tell me stories how beautiful Arizona was, so when it came time for me to go to college, I applied to the University of Arizona.”

Judge Modica received his B.A. in history and philosophy as an Arizona Wildcat. “Arizona is a beautiful state. You could ride your bike to school in January. The weather is fantastic.” While in college, Judge Modica took full advantage of the favorable climate, as he enjoyed playing Rugby and Flag Football.

After graduation from college, Judge Modica attended the St. John’s University School of Law, receiving his J.D. degree in l986. “My parents were the children of immigrants. For them, and their parents, education was foremost on their minds,” recalled the Judge. “We were raised that we would go to school and become professionals. My father was a doctor, and wanted me to go into medicine, but I found a love of law and decided to attend law school.”

After Judge Modica’s admission to the Bar, Judge Modica began his legal career at the Queens County District Attorney’s Office. From August 1986 to November 1988, the newly minted attorney worked at the Appeals Bureau, where he researched, wrote and argued Appellate Briefs. He also worked on post judgment motions in the Supreme Court, and assisted as a legal advisor for investigation and trial bureaus.

From November 1988 to August l989, the future Judge received a great deal of court experience, prosecuting felony cases, engaging in trials, pre-trial hearings, as well as pre-trial and post-trial motions.

“Working at the District Attorney’s Office was the most fun I had as an attorney,” recalled Judge Modica fondly. “It was very educational and there was a great deal of camaraderie at the office. We played softball, and I had the opportunity to work with a lot of wonderful people. I made some great friendships, and even met my wife while there.”

Judge Modica’s better half is the Hon. Judge Debra Stephens Modica, who is currently the Supervising Judge of the Queens County Criminal Court. She is a popular and well respected jurist, and, when she was profiled in the Queens County Bar Bulletin, was described as having a friendly demeanor and a ready smile.

In August, l989, Judge Modica served as the principal law clerk to Hon. William C. Donnino, Judge of the Court of Claims. Judge Donnino previously sat in the Bronx Supreme Court, and was appointed in May, 1989 to the Court of Claims. Judge Donnino is a well known Judge and is the commentator in McKinney’s Criminal Law books.

While at the Court of Claims, Judge Modica was responsible for drafting legal opinions and orders. He was also present in the courtroom as a legal adviser to Judge Donnino for all pre-trial hearings, plea negotiations, trials, calendar calls, and sentencing hearings.

Judge Modica could not speak highly enough about Judge Donnino. Judge Donnino and I have been friends for many years. Our relationship was more of a partnership. Judge Modica would be in the courtroom to serve as Judge Donnino’s legal adviser. He had a laptop computer in the courtroom, and when the overused machine finally gave out, he did his research and drafting of opinions on a regular PC. Serving with Judge Donnino was “even a better training ground then the District Attorney’s Office.”

On December 26, 2001, the Mayor appointed Judge Modica to the Criminal Court of the State of New York. Originally, Judge Modica presided in Brooklyn. He then volunteered to go to Staten Island with the hope that he would eventually be able to transfer to Queens. After sitting in Staten Island for only one week, Judge Modica was called upon to preside over his first jury trial, something that would not have happened had he stayed in Brooklyn.

Although he had a long commute from his home in Queens to Staten Island, Judge Modica found serving in Staten Island a great experience in that he was able to handle matters he would have been unable to handle in another borough. While Judge Modica had planned on staying in Staten Island until he could transfer to Queen, his wife was named Supervising Judge in Queens, and the Office of Court Administration thought it best that he serve in a different county. He then was transferred to the Bronx, which at least was better commute then to Staten Island.

Judge Modica eventually made it back to his home county, but as a Family Court Judge. “When Judge Kaye merged the Criminal Court and the Supreme Court, Criminal Court Judges who were elevated to Acting Supreme Court Justices were constitutionally permitted to sit only in a department where they were a resident,” explained the Judge. “This presented a problem for me as a Queens resident, as I knew that I would no longer be able to preside in the Bronx, and couldn’t transfer to Queens because my wife was the Supervising Judge.” At that time, Judge Modica was approached by Family Court Judges who suggested that he apply for a transfer to the Family Court. Fortunately, the City was able to retain this experienced and distinguished jurist, as Judge Modica moved to the Family Court on July l9, 2004.

“Being in Family Court is like learning a new language,” said Judge Modica. Still, the Judge’s experience in the Criminal Court transferred well to the Family Court. In Staten Island, he presided over many domestic violence cases, and there are quite a few overlapping issues between Criminal Court and Family Court.

Currently, Judge Modica presides in an Intake Part. “The people here have been wonderful,” said the Judge. “Supervising Judge Guy DePhillips is great. He really cares and has knowledge, which are two key ingredients for being a successful judge.”

In this reporter’s opinion, the Family Court performs some of the most important work in the entire judicial system. The volume is staggering, and the resources are limited. What really makes the system work is the dedication and professionalism of the special people who are called upon to do extraordinary tasks every singe day. Judge Modica is no exception, and he adds to the quality of the Queens County Family Court.

Many of the cases presented to Judge Modica involve child custody. “The most satisfying moment for me,” said the Judge, “is when you can convince two people who are fighting, but clearly love the child to take a step back and realize that while they may not be partners in a relationship, they are business partners in the raising of a child. If they don’t come back to court, you know you have accomplished something. You have accomplished peace in the family.” “Deciding custody is not an easy thing, continued the Judge. “A recognition that the person you have awarded custody is the right person doesn’t happen often, but sometimes you get people on the record saying “you were right.” You can also talk to people like human beings to get them to agree that the child needs to make it successfully to adulthood, and that the parents can’t be fighting all the time.”

One difference between Family Court and Criminal Court that Judge Modica has noticed is that in Family Court is that there is “no filter” for orders of protection. “At the initial hearing,” said the Judge, “you do not have the respondent there, so you only get one side of the story. In criminal cases, the police speak to both sides, so you have two versions of events. The lack of a filter makes it difficult. I tried to make the return dates as soon as practicable so that the respondent can plead his or her case.”

Still, despite the inevitable difficulty in adjusting to a new position, Judge Modica is very happy to be in the Family Court, and very enthusiastic about the job. “It’s wonderful being a Judge and wonderful being in Family Court. I love Queens, and it’s wonderful to be here,” said the Judge.

While not on the bench, Judge Modica loves to play softball. He also enjoys working on and around his house. ‘We bought a 100 year old house, which requires a lot of TLC. There are always things to fix and work on,” said Judge Modica.

Judge Modica also plays the electric guitar (“not very well”). “Playing the guitar is a good stress reliever, although I am not sure how the neighbors feel about it.”

Judge Modica is a member of the Criminal Jury Instruction Committee from 1992 to the present. This committee was formed by the Office of Court Administration to revise criminal jury instructions for the State of New York. Also serving on the committee are Judge Stephen Fisher, Judge William Donnino, and Judge Peter McQuillin. “It is good to have these great minds to work with. It is a wonderful experience,” said Judge Modica.

Judges Modica and Modica have a twelve year old daughter together. Judge Debra Stevens Modica has four daughters from a prior marriage.

One might wonder how a twelve year old girl handles living with two judges. “I keep telling my daughter that she should go to law school and we could start a firm called “Modica, Modica & Modica,” and she will definitely be guaranteed a job. However, this drives her crazy, and she tells us she wants to veterinarian, just as I told my doctor father I wanted to practice law.”

As you also might expect, a lot of dinner table conversation in the Modica household involves the law. “My wife gets me to change the subject from the law. I like to talk about it a lot and I like to read Court of Appeals decisions.” Judge Modica’s desk in his chambers can attest to that, as there are advance sheets all over it.