Articles

Profile of the Hon. Richard D. Huttner

by Michael Goldsmith

The Honorable Richard D. Huttner, although new to the Supreme Court in Queens County, has enjoyed a long and distinguished career of public service. He has even demonstrated a willingness to quite literally go out on a ledge for a good cause.

Judge Huttner, a Bronx native, received his B.A. from Brooklyn College in 1956. He worked his way through college at a variety of jobs, including bookkeeping at a real estate office, working in Klein’s Department Store, and repairing electric shavers.

The future Supreme Court Justice received his Juris Doctor degree from Brooklyn Law School in 1962, as a night student. By then, Judge Huttner was married with one child, and was working days as a supervisor at the Social Security Administration. Still, he managed to graduate in the top four percent of his class, which included day and evening students.

After Law School, Judge Huttner went into private practice. He eventually became a partner in the law firm of Rolnick, Tabak, Ezratty & Huttner, a general practice. Judge Huttner’s role was as a litigator in State and Federal Court, specializing in admiralty, negligence, domestic relations and criminal law.

In 1974, Judge Huttner became the New York City Taxi and Limousine Commissioner, and served as Chairman from 1977 to 1978.

“My work at the TLC was very interesting,” said Justice Huttner. “I recall an instance where fleet drivers would get brand new tires for their cabs, and then would go to Kennedy Airport and sell them to private drivers. I also remember when the taxis used to have rolling meters, and some drivers would use a jeweler’s drill to stick a pin in it so the meter wouldn’t roll enabling them to keep the fare.” “I think the most important regulation issued by the TLC during my term as Chairman,” said Judge Huttner, “was one that required taxis to pull up to the curb to pick up and discharge passengers, rather than stopping in the middle of the street.”

In 1978, Mayor Abraham Beame appointed Judge Huttner to serve on the Family Court. Judge Huttner originally sat in Queens, and then was transferred to Brooklyn. Ultimately, in l984, Justice Huttner rose to serve as the Administrative Judge for the Family Court of the City of New York, and presided in Manhattan from 1984 to l985.

“I feel that all judges should serve in the Family Court for at least one year,” said Justice Huttner. “In the Family Court, one must dispense “over the counter justice” because of the urgency of matters involving battered spouses, partners, and abused children which require immediate intervention. A Family Court Judge, who can exercise all the powers of the judiciary, does not have the luxury to reserve decisions. Moreover, there is no jury to help in fact finding. The judge must make all the decisions. It is a great training ground for judges because you must be quick and the court is very busy and very emotional. I developed my judicial style while in Family Court.”

While in Family Court, Judge Huttner presided over many interesting and difficult cases. In Queens, he presided over a trial in which two children robbed and murdered a man who operated a vegetable stand, shooting the victim in the back after taking his money. One of the accused perpetrators implicated the other one as the shooter. At trial, he pled the Fifth Amendment and was granted immunity, for the first time in a Family Court case. Once he received his grant of immunity, he confessed that he himself fired the fatal shot. Since he had immunity, both of the alleged killers escaped punishment.

Judge Huttner allowed the District Attorney in another case to obtain Family Court files that normally were protected. The Appellate Division reversed him, but the Court of Appeals upheld the Judge. It was a case of first impression.

The Judge presided over a case which had some interesting constitutional issues. A wife brought a Child Support Petition against the husband, who had joined a cult to which he gave all his possessions. The husband, who no longer had any assets, offered to have the wife and child live with him in the cult, and the wife refused. The Judge ruled that the obligation to support your child preempts any constitutional religious rights and ordered that the husband must pay child support.

Family Court also provided the Judge with some very harrowing situations. The Judge recalled one nine year old child who was suicidal. To further complicate matters, the child was deaf and mute. There was no facility in New York to handle a child with such disabilities. The Judge had to order the Department of Social Services to locate a psychologist who also could communicate with the child in sign language.

At one point, the child was remanded to Bellevue, where he tried to hang himself. He was later transferred to a different facility in Manhattan. Since he was such a flight risk, the Judge had to order him handcuffed to his chair. At one point during the proceedings, the child managed to walk out of the Court still handcuffed to the chair before he was apprehended.

In another instance, the Judge had a suicidal child on the roof of the Family Court threatening to jump. Judge Huttner actually went on to the roof and told the child that if he did not come back in, he would have to send him to a real jail. The Judge then grabbed the child and pulled him off the ledge. “At the time I didn’t consider the danger,” said the Judge. “I just wanted to bring him off the ledge.”

While Administrative Judge, Judge Huttner had the opportunity to supervise “Judge Judy” of television fame. “She conducted herself in the exact same way that we see her on television,” recalled the Judge.

Judge Huttner also was the first Judge to allow Court Officers to carry guns in Family Court, primarily for the older and violent offenders.

Judge Huttner ascended to the Supreme Court in 1985, originally serving in Criminal Term. Judge Huttner was transferred to the Civil Term in 1988. While assigned to the Brooklyn Civil Term, Judge Huttner presided over the Trial Assignment Part for city cases. He was Deputy Administrative Judge for Civil Term during the administration of Judge Robert G.M. Keating.

Since February, 2002, Judge Huttner has been presiding in Queens. Judge Huttner currently is assigned to a “bullet part,” where cases are either tried or settled. Because the cases are sent to him for trial, Judge Huttner is not permitted to grant adjournments. Attorneys are sent to pick juries the same day that the cases are assigned to his part, if a settlement cannot be reached at that point. “I don’t enjoy denying attorney’s requests for adjournments, but that is the nature of the part,” said the Judge.

Judge Huttner is proud of the fact that he is the type of judge who tries to settle cases. While serving in the TAP Part in Kings County, at least one-third of the cases settled, In his current part, the disposition rate is essentially 100% each week, either through settlement or decision.

Judge Huttner credits his law secretary, Gillian Sacks for this high success rate of resolving cases. “90% of the finalizing of all settlements was due to her efforts. She is the best.” Ms. Sacks was with the Judge since his first days on The Supreme Court in 1985, but he knew her when she was an Assistant Corporation Counsel in the Family Court.

Judge Huttner truely enjoys being a Judge. He finds the cases he presides over interesting and intellectually stimulating. Judge Huttner believes that his background as a practicing attorney has helped make him a good jurist. “A Judge needs to know what an attorney’s time means,” said the Judge. “I don’t like to keep attorneys waiting in Court if I know that I can’t get to them within a reasonable amount of time. I won’t ask attorneys to bring me a memorandum of law after lunch.”

Judge Huttner has been involved in many professional and community activities. Judge Huttner served as an Adjunct Professor at Long Island University from 1984 to 1986. He served on the Law Guardian Advisory Committee in the Appellate Division, Second Department from 1984 to 1986. Judge Huttner served as a Faculty Member on the National Council of Juvenile and Family Court Judges from 1984 to 1990. He sat on the Mayor’s Task force on Child Abuse from 1985 to 1986, the National Council of Juvenile and Family Court Judges 1983 to 1986, and the National Governors Association Advisory Committee on Child Support in 1984. He helped to implement the original procedures to assure child support and received an award from the United States Department of Health, Education and Welfare for his efforts.

Judge Huttner also lectured at seminars at the Association of the Bar of the city of New York, New York County Lawyers, Brooklyn Bar Association, Appellate Division, First and Second Departments, annual New York State Judicial Seminars, and the New York Trial Lawyers Association.

Judge Huttner is married and has two sons. His oldest son, Kevin, works in insurance. His younger son, Lee, is a Trial Attorney in Brooklyn and Manhattan. The Judge’s hobbies include surfing the internet with his computer. Judge Huttner also likes to exercise, and lifts weights and does cardio workouts three times a week.