Articles

Profile of the Honorable Steven W. Fisher

By Michael Goldsmith

The Honorable Steven W. Fisher, Administrative Judge of the Supreme Court, 11^th Judicial District, held just about every possible? Within the legal system in his long and distinguished career in law to his position.

Judge Fisher was born in New York City. He has been a Queens County resident since he was eight years old.

The future Administrative Judge graduated from the prestigious Stuyvesant High School, where he was a member of the Manhattan Championship Swimming Team.

Judge Fisher was awarded his bachelors degree in physics from Queens College in 1968. While an undergraduate, Judge Fisher was captain of the swimming team, and was named to the Second Team All East in water polo.

In 1966, the Judge’s junior year at college, Judge Fisher was selected to study Russian language and culture at Moscow State University.

Judge Fisher returned from the Soviet Union with mononucleosis, and took a semester off. Originally, he had been enrolled in a 5 year engineering program wherein he would attend Queens College for three years and two years at Columbia University. However, at that point, he decided to become a physics major, and graduated from Queens College in 1968.

“I have always wanted to be a lawyer”, said Judge Fisher, “My father suggested that I pursue engineering very strongly. At that time it was thought to be the best field to enter into.”

In the fall of 1968, Judge Fisher was awarded an Atomic Energy Commission fellowship to study nuclear engineering at the University of Florida. However, at that time, the future Judge received a draft notification. Since there were no deferments for graduate school at that time, Judge Fisher expected to enter into military service. However, he wanted to get married first and came back to Queens to marry his sweetheart Judy, to whom he has been wed to for the last 34 years.

While back in Queens planning his wedding, a military physical revealed that the Judge discovered that he had high blood pressure, which ultimately resulted in a medical deferment from military service. To this day, Judge Fisher still takes blood pressure medication.

“While I was at home, away from school, I decided I really always wanted to be a lawyer, and took the law boards,” said Judge Fisher. I did pretty well, I sent out late applications, and was accepted to Brooklyn Law School. In the fall of 1969, I walked into my first law school class, which was torts. Within thirty seconds, I knew I was home.

Judge Fisher graduated from Brooklyn Law School in 1972,Cum Laude.

“I was originally interested in criminal law”, said Judge Fisher. “I applied to all of the district attorneys offices and also to the Legal Aide Society. I resolved to accept the first job offer, which turned out to be the Brooklyn District Attorneys Office.”

Judge Fisher worked at the Brooklyn District Attorneys Office from August 1972 until January 1977. Ultimately, he became the Assistant Deputy Chief of the Appeals Bureau.

In January, 1977, Judge Fisher became a founding partner in the law firm of Rhodes and Fisher, Esq. The firm practiced mainly in the area of criminal law, and Judge Fisher gained a vast amount of trial experience during that period. “During that time, I had two terrific appellate experiences,” said Judge Fisher. “In one case, I appeared as a special district attorney in a case before the New York State Court of Appeals. My opposition in this matter was Alan Dershowitz, who is currently a professor at Harvard. The case was captioned People v. Dlugash. At issue was whether a person could be convicted of attempting to murder someone who is already dead.” The Court of Appeals supported Judge Fisher’s argument unanimously, and it was held that under those circumstances, a person could be convicted of attempted murder.

“My other interesting appellate experience,” said Judge Fisher, “was an? case I was assigned to handle at the appellate Division. This case went all the way up to the United States Supreme Court. The highlight of my appellate career came on February 22, 1979, when I argued this case before the highest court in the nation.

Judge Fisher was in private practice for 2 ½ years. Then, the Honorable Milton Mollin, the Presiding Justice of the Appellate division, second department called “out of the blue,” said Judge Fisher. “He asked to see me. At the time, I had no idea what he wanted.” Judge Mollin asked Judge Fisher to become his law secretary because he had heard of him. “It was a tough decision because, at that time, the firm started to “go”. However, I was never in the practice of law to make a lot of money. At that time, I thought it would be interesting to see the inner workings of the Appellate Division, the thought had crossed my mind that perhaps one day I might want to become a judge myself.”

“Judge Mollin was the best judge I’ve ever seen,” said Judge Fisher. “He was also one of the finest gentlemen I have ever known.” Judge Fisher stayed with Judge Mollin for four years, from July, 1979 to July, 1983.

“In July, 1983, I reached the 10^th anniversary of my admission to the bar, making me eligible for a judgeship,” said Judge Fisher. “I applied at the Criminal Court, and was appointed to the Criminal Court by Mayor Koch on July 14, 1983.”

Immediately after his appointment, Judge Fisher was assigned the Brooklyn Criminal Court. He primarily oversaw arraignments and trials.

Two and a half years later, in January, 1986, Judge Fisher was named Acting Justice of the Supreme Court of the State of New York, Kings County.

Although a distinguished jurist, Judge Fisher is at heart, at family man. “I tried hard to get a transfer to Queens because I live in Queens. Ultimately, I got transferred in January, 1990.”

In November, 1992, Judge Fisher was nominated for the New York State Supreme Court. Beginning in January, 1993, Judge Fisher began his career as an elected Supreme Court Justice. Judge Fisher became the Administrative Judge of the 11^th Judicial District in January, 1998.

In recognition to his outstanding cases on the bench, Judge Fisher was twice nominated to fill a vacancy in the New York Court of Appeals in December, 2002 and October, 2000, by the New York Commission on Judicial Nomination.

Despite his responsibilities on the bench, Judge Fisher is engaged in numerous activities. “One of the best things that I am involved with now is that I am the co-chair of the Commission on Criminal Jury Instructions, which is a CJI Committee,” said Judge Fisher. I was also picked by Judge Milones to serve on the Capital Cases Judicial Resources Committee. My job is to teach judges throughout the state how to conduct capital trials. Judge Fisher also serves on the following committees:

The Statewide Panel to Re-examine Standards and Goals Guidelines in Criminal Cases, he is the Chair of the Queens County Committee to Promote Public Trust and Confidence in the Legal System, a member of the Criminal Law Curriculum Development Committee for 2002 Judicial Seminars, and a member of the Advisory Committee on Criminal Law and Procedure.

Judge Fisher, one of the more scholarly Judges presiding in Queens County, also enjoys writing, and has authored many professional articles. His most recent was published in the New York Law Journal on April 19^th entitled “A Continuing Problem of Juror Expertise.” Other recent articles include as follows:

“Plea Bargaining in the Shadow of Death”, 69^th Fordham law Review 2313(2001) (co-authored with Professor Joseph L. Hoffman and Justice Marcy L. Kahn)

“Pattern Instructions for Jurors in Criminal Cases Seek to Explain Fundamental Legal Principles”, New York State Bar Association Journal (June 2001 - Vo. 73 - No. 5)

“Impact of ‘Hynes on v. Tomei’ on capital Litigation”, NYLJ 3/3/99 (“Outside Counsel”)

“‘Ayala’: Closing the Court in Narcotics Cases”, NYLJ 1/23/97 (Outside Counsel”)

Judge Fisher also is engaged in an outreach program to the community. Queens County is the only clergy roundtable, and Judge Fisher meets with all denominations, as Queens County is the most diverse county in the nation.

Despite all his accomplishments and interests, Judge Fisher would most like to spend more time on the bench presiding over trials. “Because of the space problems in Queens County, there is one more judge than there are courtrooms,” said Judge Fisher.

“I tried several civil cases here in Jamaica and I also tried a number of criminal cases in Kew Gardens.

Most recently, Judge Fisher tried the noted Wendy’s Capital Murder Case. The trial began with jury selection on September 10, 2002, with the conviction coming in shortly after Thanksgiving, in November, 2002. At that time, Judge Fisher was on the bench virtually every day.

During the trial, Judge Fisher relied heavily on his able and extremely competent, Law Secretaries to handle the administrative aspects of running the court. Anna Cully was primarily responsible for civil matters and Toko Serita was responsible for all criminal matters. “They both do a wonderful job,” said the Judge.

Judge Fisher has nothing but praise for his staff. “ I am blessed with the best Chief Clerk who ever breathed, Anthony D”Angelis, and two great First Deputy Chief Clerks. On the civil side, it is Marine T’Aquilla and on the criminal side it is Felix Fernandez,” said the Judge. To this reporter, the feeling of respect and comradery seems to flow both ways. The atmosphere is Judge Fisher’s Chambers among his staff appears to be friendly and relaxed.

Working on the Supreme Court can be very stressful because the security concerns, and because of the construction that has been going on for years refurbishing the courthouse. The construction is scheduled to be completed in February, 2004.

Judge Fisher also is proud of his Access Justice Team. It is a committee to provide access and trust in the legal system.

Judge Fisher is a family man, and also a sports fan. Judge Fisher’s son, a first year law student at Cornell, is even a bigger Mets fan than the Judge himself. As a matter of fact, during the interview for this profile, his son called to inform the Judge that the Mets had just lost 6-3 to the Cubs. “My son will spend the first half of the summer as an intern with the Mets, and the other half of the summer as an intern with a federal judge.”

Judge Fisher’s daughter, who’s about to have his first grandchild, works for Radio Disney in New York. His wife, Judy, is a social worker.

Judge Fisher is still involved with baseball. He has coached some Little League teams, and there are Little League plaques on the wall in his chambers. “This is the best thing about being in Queens. I’m close to home, and I have time for all this,” said Judge Fisher. “Just as an example of the diversity in Queens County, in the Briarwood Little League team that I coach, on first base was my son, who is Jewish, the second basemen was of Indian decent, the shortstop was Hispanic, the third baseman was of Chinese heritage, and the right fielder was African-American.”

“The kids played hard and pulled for each other. They were too young to know that they were supposed to be from different worlds and that they should be prejudiced against each other,” concluded Judge Fisher.