Articles

Profile of the Hon. Joseph Kevin McKay

by Michael Goldsmith

Judge Joseph Kevin McKay, a scholar and an athlete, comes back to the county in which he was raised to preside in the New York City Criminal Court for the County of Queens.

Judge McKay was born in Brooklyn, but grew up in Cambria Heights. “I lived there from 1944 to 1967, except for the time I spent at the Jesuit Seminary,” said the Judge. The future judge received his undergraduate degree from Fordham University, where he played varsity tennis. In 1969, Judge McKay, on an academic scholarship, was awarded his J.D. from New York University. While in law school, Judge McKay received a prize in International Public Law.

Judge McKay began his career in public service immediately after his admission to the bar in 1969, when he became an Assistant District Attorney in Frank Hogan’s New York County District Attorney’s office. Judge McKay’s athletic abilities served him well as he played on the D.A.’s softball team, known as “Hogan’s Heros,” which was coached by the D.A. himself. “People thought that playing ball was a requirement for the job,” Judge McKay said with a smile.

While an ADA, Judge McKay worked on the Hotel Pierre jewel robbery case, which received some media attention. In the case, the defendants were convicted of stealing millions of dollars in jewels and cash from safe deposit boxes at the hotel. Richard Lowe, who is now a Supreme Court (Criminal Term) Justice in Manhattan was the lead counsel for the prosecution in the case.

In 1974, Judge McKay began his career in the private sector when he became an associate at the renowned law firm Hays, St. John, Abramson & Heilbron. Judge McKay became a partner in 1979, and specialized in litigation in the general civil practice.

“The firm had a storied history,” said Judge McKay. “It was founded by Arthur Garfield Hays, a noted litigator in civil liberties cases. He was of counsel in the Scopes trial with Clarence Darrow. An older partner told me that it was Mr. Hays’ idea to call William Jennings Bryant to the stand.”

“Another noted colleague at the firm was Osmund Fraenkel, who argued numerous cases before the U.S. Supreme Court,” continued Judge McKay. “One of his more famous cases is Powell v. Alabama, a 1938 case which ruled the due Process Clause required that the State Courts must provide counsel in capital cases.”

Judge McKay had the privilege of practicing law along with Mr. Fraenkel, who practiced law well into his later years. “In 1979, when he was about 90,” the Judge recalled, “Osmund saw me argue before the Appellate Division. I asked him, “How do you think it went, Oz?” He replied, “I couldn’t hear the questions, but your answers were good.”“

In 1981, Judge McKay left private practice to serve as the Inspector General for the NYC Department of Sanitation. At about that time, Judge McKay put in his application for a judgeship in the Criminal Court. It was at that time that Mayor Koch was appointing “merit judges,” i.e. those without political backing.

In July, 1983, Mayor Koch appointed Judge McKay to the Civil Court in Manhattan, with the understanding that he would still be eligible for the Criminal Court. “Civil Court was a great experience,” said Judge McKay. “I had the opportunity to preside over a lot of jury trials, including medical malpractice, as many cases were sent down from the Supreme Court pursuant to CLR. section 325 (d).

In February, 1984, Judge McKay received his appointment to the Criminal Court for a ten year term. He was reappointed by Mayor Giuliani in 1994. During that time, he has presided in Staten Island, and in Brooklyn as an acting Supreme Court Justice.

In January, 2001, Judge McKay came back to his native county. “I consider myself a Queens kid,” said the Judge. “I love the idea of coming back to Queens. There is a nostalgia aspect to it that I did not anticipate.”

During his career as a jurist, Judge McKay had many interesting cases. “I did not have a lot of media cases, but there are many cases that don’t get any coverage that are often just as interesting,” said the Judge. “I enjoy presiding over trials, and many of the cases involve violent offenses.” One case which received some attention was an Al Sharpton demonstration case in Manhattan, where Judge McKay got to deny the application of attorneys C. Vernon Mason and Alton Maddox to subpoena the police commissioner.

Judge McKay is an adjunct professor at John Jay College, since 1998, where he teaches a course in American Judiciary. “The course gives me a broader perspective on what I am doing on the bench,” said Judge McKay. The Judge also serves on the NYU Advisory Board at the Center on Research on Crime and Justice, where he mixes a dose of sociology and jurisprudence.

When not on the bench, Judge McKay enjoys tennis and golf. “I play as much tennis as I did in college, and I am much better in golf,” the Judge said proudly.