Articles

Profile of the Hon. Martin Ritholtz

by Michael Goldsmith

There are many judges serving in Queens County that have excellent professional and academic credentials. However, there is only one judge that can boast of being a Rabbi and a recording artist.

Civil Court Judge Martin Eliot Ritholtz was born in Salem, New Jersey, and was raised in Highland Park. After his graduation from high school at age 16, he studied in Israel at Karem B'Yavnch Rabbinical Seminary for one year. The future judge spent the next four years at Columbia College, receiving his B.A. in the tumultuous year, 1968. "I lived on campus, and was there during the SDS demonstrations," recalled Judge Ritholtz.

Judge Ritholtz continued his Rabbinical studies at Ponevez Yesiva, "the Harvard of Yeshivas, as there were students from around the world in attendance." He was ordained in Israel in August, 1970. Rabbi Ritholtz then began his studies of law at

Hebrew University of Jerusalem Law School, and received his LL.B. in 1974. Normally, to receive a law degree in Israel, because an undergraduate degree is not required, it is necessary to complete four years of study, and a two year apprenticeship. However, since the young Rabbi already had a B.A. from Columbia, he was able to complete the program in three years, finishing his apprenticeship simultaneously.

While a student, Judge Ritholtz clerked in the Justice Ministry under the Attorney General and Patent Commission, in Jerusalem from November, 1972 to May, 1974. He then clerked with Dr. Ammon Goldenberg of S. Horowitz & Co., a specialist in Patent Law, who later went on to serve as President of the Israeli Bar. Judge Ritholtz was admitted to the Israeli Bar in 1975, and several months later, was admitted to practice law in New York State.

While in Law School, Judge Ritholtz began his recording career. His group was called "Shlock Rock," and performed rock 'n roll parodies to Jewish themes. "During the Yom Kippur War in 1973, we performed before the troops," said the "Rock 'N Roll Rabbi." "I still hear our songs played on the radio."

Upon his return to the United States, and until 1978, Judge Ritholtz began his legal career with his father and uncle in the distinguished family practice, Ritholtz & Ritholtz. "My uncle, William Ritholtz, was a Civil Court Judge in Brooklyn," recalled the Judge.

In July, 1978, Judge Ritholtz began the next major trajectory of his career, when he became Law Assistant to the Civil Court Judge Hon. Herbert Posner. It was at that time Judge Ritholtz moved to Far Rockaway, where he was eventually elected to the bench. In 1980, Judge Ritholtz was elevated to the Supreme Court

when he became Law Secretary to Hon. Martin Rodell, "a brilliant judge, a poet." After Judge Rodell passed away, from January, 1983, to December, 1989, Judge Ritholtz served as Law Secretary to Hon. Eugene Bambrick. "Justice Bambrick sat in Criminal Term, and for a year and a half, he was assigned to Medical Malpractice cases in Manhattan." In 1986, Justice Bambrick was assigned to a regular IAS part, and presided over civil trials.

In January, 1990, Judge Ritholtz served as Law Secretary for Hon. Angelo Graci until his retirement in December, 1993. He then served as Law Secretary for Hon. Luther V. Dye until Judge Ritholtz was elected to the Civil Court in 1996.

Justice Ritholtz fondly recalled his days as a law secretary. "I served under Irish, Italian, Jewish and African-American judges. I learned a great deal." Justice Ritholtz is still friendly with the judges he served under, and speaks to them whenever he can.

One may wonder how Judge Ritholtz's rabbinical training effects his judicial career. "I've been told that I have a Talmudic mind. I take this as a compliment. My mind set is always "casuistic." I strive to always see all versions of events and consider them." Moreover, Justice Ritholtz has become the unofficial reference source for jewish law for the judiciary, and officiated at the wedding of Justice Cooperman.

Judge Ritholtz's approach to the law can be observed by a decision recently published in the New York Bar Journal. The case involved a "hit and gallop," by a rented horse that, according to the rider, "wouldn't stop," damaged an automobile, and trotted from the scene. The case turned on the question of an owner's responsibility for the damage cased by a domestic animal.

Justice Ritholtz began his analysis with the biblical and Talmudic position of strict liability for domestic animal owners. However, centuries later, common law, before imposing liability on the owner, requires that the owner have actual or constructive notice that the animal had the propensity to cause harm.

In denying the defendant's motion for summary judgement as premature, Judge Ritholtz noted that it was not established that the horse's behavior was caused by its unsuitability or whether the rider was inexperienced. Justice Ritholtz then went on to note that the legislature has been silent on the issue of vicarious liability of a horse owner for the negligent acts of a nonowner rider, and suggested that "perhaps the owner of a horse who permits another to ride it on a roadway of this state should be subject to the same vicarious liability similar to that set forth in the VTL."

As that decision illustrates, it is Judge Ritholtz's view that "judges interpret what the legislature does. The courts are a laboratory to see whether the laws are working." Whenever he deems it necessary, Judge Ritholtz will add comments to the legislature in his opinions to advise as to whether or not the law needs fine tuning.

Judge Ritholtz is a firm believer in settling cases, as opposed to trying them. "I almost consider it a failure if I have to try the case." For example, in small claims court recently, a plaintiff sued an airline in a dispute over frequent flier miles. Instead of trying the case, and calculating the damages, a difficult task, the Judge brokered a deal settling the dispute in terms of the concepts that they were using. The sides agreed to a formula wherein the plaintiff would receive a voucher for a rent-a-car on the basis of his milage.

Judge Ritholtz is married, and is the proud father of five. His wife Ann teaches at the parochial school that is younger children attend. His oldest Daughter, Racquel, is currently attending Jerusalem College for Women. His son Leon, age 17, is finishing high school early, and will go to Israel for study. Simon, age 15, is still in High School. Bernard, age 12, is in the seventh grade, and Natan, age 6, attends the parochial school at which his mother teaches.

In addition to his work and family, Judge Ritholtz is involved in many professional activities. Since 1986, and until recently, he has been the Chairman of the Queens County Bar Association Continuing Legal Education Committee. "A scholar is someone who is perpetually a student," said the Judge. "I always enjoy attending the seminars. I think that it is very important for both lawyers and judges to attend. They are good for the judges, and good for the attorneys to see the judges there."

In 1986, Judge Ritholtz was the President of the Brandeis Bar Association. This reporter is particularly grateful for Judge Ritholtz's resurrection and resumption of publication of the Queens Bar Bulletin when he served as Editor.

Judge Ritholtz is the catcher on the Law Secretary Softball team. "Since I lost 60 pounds, I'm half the man I used to be." Perhaps the judge will add to his already impressive list of credentials, the sobriquet, "Base Stealing Threat."