Articles

Profile of the Hon. Peter J. Kelly

by Michael Goldsmith

Judge Peter J. Kelly of the Civil Court is one of the youngest jurists ever elected in Queens County and at the same time, one of the most familiar to local practitioners.

Judge Kelly is a purely local phenomena: born in Jamaica and raised in Astoria. There was a time, however, that the family nearly relocated. "My father worked for General Motors in Manhattan," recalled Judge Kelly. "General Motors announced that the division was going to be relocated to Michigan. To spare the kids the pain of being uprooted, and because my mother cared for an elderly uncle, my father resigned rather than move the family. Things were rough for a while, but he eventually found another good position, so it all worked out well."

Judge Kelly received his B.A. in Economics and Political Science, Magna Cum Laude, from Iona College, in 1980. The Judge was on the Dean's List all four years, and was a member of Omicron Delta Epsilon (National Honor Society). He was also awarded the Joseph B. Smith Scholarship (in economics) "which came in handy, as it was during the time my father was out of work," said the Judge.

Judge Kelly received his J. D. from St. John's University School of Law in 1983.

"After law school," recalled Judge Kelly, "I was interested in labor law and wanted to work for the NLRB. However, I was offered a job as a Law Secretary. I never anticipated that the Court System would be a career, but after being exposed to it, and seeing the opportunities, I felt it was the way to go."

Immediately after law school, from January 1984, to May 1985, Justice Kelly worked as a Law Assistant for Civil Court Judge Phyllis O. Flug, in Crimminal Court in the Bronx, and later in Queens. At this post, he analyzed and researched issues arising in pre-trial discovery motions, suppression hearings, and misdemeanor trials for several all purpose and jury parts.

In June 1985, Judge Kelly accompanied Judge Flug to the New York City Civil Court: Queens County. In his capacity as Associate Law Clerk, he conducted pre-trial conferences and research on matters involving general civil litigation including residential and commercial landlord/tenant and small claims actions.

In January 1988, until December 1991, the future Judge served as principal Law Clerk of Supreme Court Justice Robert L. Nahman, in Queens County. His duties there involved managing pre-trial and motion conferences, and researching and drafting confidential legal memorandum. In addition, Judge Kelly helped in the preparation of jury charges. Judge Nahman's part heard such actions as malpractice, matrimonial and various negligence and commercial matters.

In January 1992, Judge Kelly began his career as Principal Law Clerk at the Surrogate's Court, the post most Queens attorneys have associated him with until his ascension to the bench.

"It came as a big shock", recalled Judge Kelly, "when I learned that Justice Nahman was to become the Surrogate."

Judge Kelly saw the transfer to the Surrogate's Court as a great opportunity to broaden his horizons and to learn a new area of law. It also provided him with a higher profile venue than if he stayed at the Supreme Court.

Although originally not familiar with the Surrogate's Court, Judge Kelly proved to be a quick study. "I didn't go in there acting like an expert. I learned from attorneys and studied hard. You have to be willing to make sacrifices in this job. Eventually I realized I had learned enough to feel familiar with this area of the law."

As a Principal Law Clerk from January 1992, to December 1998, Judge Kelly also served as a Referee. Under the latter title, he presided over in excess of eighty contested hearings and trials. And as a Law Clerk, he conducted preliminary conferences in all contested matters including Probate, Administration, Guardianship and Accounting proceedings. Judge Kelly also monitored research assignments of four Court Attorneys and all judicial interns.

In January 1999, Judge Kelly donned the robes of a Civil Court Judge. "I saw the opportunity to become a Judge as a way of doing something meaningful with my life. Also, I would be able to spend time with my family as my father did, and it served him well," said the Judge.

"There is a big difference in being a Judge then being a Law Secretary," commented Judge Kelly. "As a Judge, you feel the responsibility a bit differently. You are out front and the one that makes the final decisions."

Although only on the bench for a few months, Judge Kelly has heard some interesting cases. In the Small Claims part, he presided over a trial seeking recovery in the amount of $4.50 for allegedly rotten fruit sold from a fruit stand. "The plaintiff, who paid a Court filing fee in excess of the amount he sought to recover, had the spoiled fruit in a bag. Rather than allow the stench into the Court. I took his word that the fruit was spoiled" said the Judge.

In his fifteen years with the Court System, Judge kelly has made some observations. "I have found that attorneys who treat each other and the Court with respect are usually the better attorneys. You can't take things personally, even in an adverse situation. The best attorneys are the ones that act professionally under any circumstances," said Judge Kelly.

Looking back on his career, the Judge remarked, "I know I have been very lucky. I wouldn't give up my experience for anything. I was fortunate enough to work with some very good people. I was treated well by everyone I have been in contact with, including attorneys, bar association, and court clerks. I am mindful of that every time I walk in the building. If it hadn't been for the support of so many people, I just as easily could not have been here."

Judge Kelly is a family man, as was his father before him. The Judge has been married for thirteen years, and has a nine year old son and a five year old daughter. His hobbies include skiing and golf.