Articles

Profile of the Hon. STEPHEN J. BOGACZ

By Michael Goldsmith

Family Court Judge (and author) Stephen J. Bogacz comes to the bench with a commitment to public service ingrained from high school, idealism and values inspired by Robert F. Kennedy, and wisdom and people skills gleaned from the baseball diamond.

Judge Bogacz was born in Brooklyn and grew up in the Bronx. He traces his career arc to his early education. "I received a great education at Regis High School in Manhattan," said the Judge. "It was four years of constant intellectual challenge. I learned to become the thinker I needed to be to become a lawyer. Regis also instilled in me a great commitment to public service."

"I was always interested in politics," said the Judge. "I remember when I was 12, during the 1960 Presidential Campaign, I waived a John F. Kennedy poster as Richard Nixon motorcaded down Riverdale Avenue."

In 1966, Judge Bogacz formally began his studies in political science at Fordham University.

As a young undergraduate, the future Judge was inspired by Robert F. Kennedy, and "everything he stood for, especially his willingness to take firm positions on controversial issues and his belief that each one of us can make a difference if we strive to." In 1968, as an idealistic 20 year old, the young political science student worked on RFK's presidential campaign.

Judge Bogacz received his B.A. in political science in 1970, and his Masters Degree the following year.

The example of RFK and the values learned in high school inspired the future Judge to attend law school. "I felt I could accomplish the most good in public service with a law degree," said the Judge. Judge Bogacz was awarded his J.D. from Fordham Law School in 1974.

While the Kennedys influenced the future family Court Judge's ideals, it was from participation in the national pastime that Judge Bogacz learned practical management skills.

"I played and managed amateur baseball until the age of 35," reminisced the southpaw first baseman. "Baseball taught me about life and how to treat people fairly. Fair treatment does not necessarily mean equal treatment. If everyone were equally situated, there would be only one set of standards, and we wouldn't need judges. Each person and each situation is different, and one has to treat them accordingly. Some people respond better to encouragement; others to being challenged. The good manager can tell the difference."

After a brief flirtation with private practice, Judge Bogacz began his long and fruitful career in Family Court.

In 1977, Judge Bogacz became associated with the New York City Law Department, Office of the Corporation Counsel assigned to the Bronx Family Court Office. There, he prosecuted juvenile delinquency, paternity, child support and domestic violence petitions. He handled major felony cases, including homicides.

The Judge's experience as an Assistant Corporation Counsel reminded him of "the television series "M*A*S*H," in its best aspects." "Family court was like a field hospital. There were always emergencies, and there was a constant lack of resources. Yet, the results were remarkably positive."

"If I have a major gripe," said Judge Bogacz, "it is that we are told that the Family Court is our most important court, and it is. But, the resources the court needs to truly function are still not being provided."

Judge Bogacz recalled that litigating cases was a lot like playing ball. "Both involve thinking on your feet, and making quick adjustments."

In l983, the young Assistant Corporation Counsel was promoted to Deputy Borough Chief at the Bronx Family Court, where he supervised staff attorneys, continued to handle major felony cases, trained new attorneys and drafted legislation.

In 1984, Judge Bogacz began his professional career in Queens County, when he was assigned as Borough Chief at the Corporation Counsel's Office in Queens Family Court. There, he managed an office of ten attorneys and ten support staff responsible for over 3,000 cases annually. He also coordinated the training of new attorneys, drafted and lobbied for proposed legislation, and assisted in developing citywide policy.

In addition to his other duties, in 1985, Judge Bogacz was named Coordinator of Special Projects for the Family Court Division. In the 10 years at that assignment, he promulgated comprehensive training documents and chaired investigations involving problems with crack and juveniles, school violence and residential burglaries. Judge Bogacz also designed management reports and acted as the Division's liaison with city and state agencies involved in the juvenile justice system.

In 1987 Judge Bogacz was again promoted, when he was appointed Corporation Counsel's Family Court Division. Here he was charged with managing the citywide prosecution of 12,000 juvenile delinquency cases annually by 20 supervisors, 60 attorneys and 60 support staff. He also directed the training of new attorneys, formulated and implemented division-wide policy. His duties as Training Director included Administering a ten-day orientation for all new staff attorneys, as well as an intensive annual trial advocacy workshop, a two-week course in practical trial skills.

From 1993 to his ascension to the bench in l995, Judge Bogacz served as the First Deputy Chief, of the Family Court Division.

In the early 1990's, Judge Bogacz began to consider becoming a Judge. "I accomplished everything I set out to do with Corporation Counsel," said the Judge. "At that time, I was interested in other avenues to make a contribution, as well as other opportunities and challenges."

In keeping with the baseball metaphor, Judge Bogacz got his wish and went from being manager to umpire. In 1995, Judge Bogacz was included in the first group of Mayor Giuliani's appointments to the Family Court.

As a Judge of the Family Court, originally serving in Brooklyn, and sitting in Queens County since 1997, Judge Bogacz was certainly presented with challenges. Until recently, he presided over an all purpose Family Court Part considering 4,000 cases annually pertaining to juvenile delinquency; child abuse and neglect; domestic violence, paternity; termination of parental rights; child custody, guardianship and visitation; child support and PINS. While in Brooklyn, he also presided over one of two "designated fellow" parts, which handled the most serious cases of Juvenile Deliquency.

Judge Bogacz is currently assigned to preside over a "child protective" trial part in Queens County Family Court.

Judge Bogacz is "favorably impressed" by the performance of Family Court practitioners in Queens County. "Everyone is overloaded, but presentations remain at a high level" said the Judge. "Family Court has always been remarkable because people will unhesitatingly go the extra yard. This is true for every player in the system."

To help busy, high volume Family Court practitioners, "who are overworked, don't have time for leisurely research, and need to get cases and their holdings quickly," the Judge has written a book designed to give attorneys "quick and definitive answers for litigating juvenile delinquency cases." The book, entitled "New York Juvenile Delinquency Practice" (Lexis Law Publishing, Charlottesville, VA) received a rave review by the Hon. Theodore R. Kupferman (former Associate Justice of the Appellate Division of the Supreme Court, First Department) in the February 5, 1999 New york Law Journal.

"The book is written in a very succinct form, with short readable paragraphs," said the Judge. "It takes you on a nuts 'n' bolts tour of the juvenile justice system," and cites over 5,000 cases. Each section also contains several "practice considerations" which offer helpful hints to attorneys, and an analysis of cited cases. "I didn't want to write a textbook or a case book," said the Judge. I wanted to write a book that people could and would use." In that regard, it appears as if Judge Bogacz has hit a home run.

As noted in Judge Kupferman's review, the usefulness of this book is not limited just for Family Court practitioners. Since there is a significant overlap between delinquency and criminal practices, a criminal attorney can benefit from the Judge's coverage of such areas as "Discovery, Brady and Rosario Material, Suppression and Trial issues concerning Statements, Identification and Physical Evidence as well as Substantive Trial Issues."

When not writing books or playing ball, ("I still play as an emergency player on the Family Court Softball team"), Judge Bogacz enjoys a wide range of professional activities.

He has written numerous articles on Criminal Law, Juvenile Delinquency Law and other topics.

His essay, "Robert F. Kennedy Remembered" published in the NYLJ on 6/4/93, prompted a letter of appreciation from Sen. Ted Kennedy.

The Judge also enjoys lecturing and teaching.

On April 16, he will serve on the faculty of a NYS Bar Association CLE program, "Evidence for the Criminal Practitioner."

On May 17, Judge Bogacz will present at a Queens Bar Assn CLE program "Juvenile Delinquency Practice," As he previously did in 1998 and 1995.

Last year, he was a panelist at a City Bar Association program, "Media Access to Juvenile Delinquency Proceedings."

Since 1996 Judge Bogacz has participated on the faculty of the Corporation Counsel's Trial Advocacy Workshop.

In l993, the Judge became the Founding Chair of the Juvenile Justice Committee of the Queens County Bar Assn., and remains an active member. The Committee has recently drafted several recommendations to amend Juvenile Deliquency Practice under the Family Court Act, that won approval from the Association's Board of Managers.

Since 1995 Judge Bogacz has presided as a Moot Court Judge, at Fordham Law School and NYU Law School.

Judge Bogacz has also had a bit of media exposure. In l987, he was a panelist on a League of Women Voters program aired on WNYE TV on Juvenile Crime, and in 1990 was interviewed by Steve Meyers on "The Law and You," on WFAS-FM radio, on the topic of Juvenile Crime.