Latino judges sorely underrepresented in Queens courts, says lawyer group

Administrative Judge Joseph Zayas is one of a handful of Latino judges presiding in the Queens Criminal Courthouse. Eagle file photo by Andy Katz

Administrative Judge Joseph Zayas is one of a handful of Latino judges presiding in the Queens Criminal Courthouse. Eagle file photo by Andy Katz

By David Brand

Just a handful of Latino judges have served on the bench in Queens Criminal Court, a glaring disparity receiving renewed scrutiny amid a statewide judicial shakeup. 

Two currently Latino judges currently preside in Criminal Supreme: Administrative Judge Joseph Zayas and Acting Supreme Court Justice Gene Lopez. Judge Mary Bejarano presides in Criminal Court. Judge Karina Alomar, a Supreme Court candidate in November, served as Acting Criminal Term justice before moving to the Civil Court. 

The dearth of Latino jurists has occurred even as Latino men and women account for more than a third of the defendants who appeared in Queens Criminal Court in 2018, according to a report from the Criminal Justice Agency. The organization works with the courts to provide defendant services and also tracks demographics.

Correcting the lack of representation has long been the mission of the Latino Lawyers Association of Queens, said defense attorney Gary Miret, a founding member of the organization.

“The Latino Lawyers have been concerned about this for many years,” Miret said. “It’s a shame and I’m glad this is brought out and we’re very happy this has been brought out.”

The organization has begun to gain additional support from local Democratic leaders and a legal community paying more attention to institutional inequities, he said.

Queens is home to hundreds of thousands of Latino and Hispanic residents, who make up close to 30 percent of the borough’s population of 2.3 million people, according to the U.S. Census Bureau’s American Community Survey.

A few other Latino judges have served in Queens Criminal Supreme, including retired Justice Jaime Rios, who left the Queens courthouse after being designated as an appellate judge in 2003. Zayas’ predecessor as administrative judge, Justice Fernando Camacho, went on to Suffolk County in 2013.

Nonetheless, Zayas, a former defense attorney, said it took years before he practiced in front of a Latino judge. 

He said it was important to have judges who reflect the community they serve, particularly in criminal court, where people of color make up the vast majority of defendants — roughly 88 percent, according to CJA.

“The courts where people of color are the predominant users, it’s so critical that there be a diverse bench,” Zayas said. “It’s not disputable. People need to see themselves reflected on the bench.”

Other Latino justices elected to the bench in Queens Supreme Court include Justice Leslie Purificacion, Justice Carmen Velasquez, Justice Lourdes Ventura and Justice Diccia Pineda-Kirwan, who now serves in Nassau County. Judge Lumarie Maldonado Cruz won election to the Civil Court bench last year.

Attorney Nestor Diaz, a past president of the Latino Lawyers Association, is a candidate for Civil Court in the November election.

The state court system’s decision to terminate nearly every judge over 70 in New York has resulted in a review of judicial inequities, as has a state commission tasked with reporting on institutional racism and bias in the court system.

As the Eagle reported Monday, court leaders’ decision to cut judges has had the unintended consequence of leaving just one Black man on the bench in Queens Supreme Court, Criminal Term starting Jan. 1. Two other Black judges, Justices Leslie Leach and Ronald Hollie, are retiring while another, Justice Daniel Lewis, was one of 46 Supreme Court judges denied recertification as New York court leaders seek to trim the judiciary budget by $300 million. 

One Black woman, Judge Lenora Gerald, serves as an Acting Supreme Court justice in Criminal Term. Queens Criminal Court Supervising Judge Michelle Johnson, who is Black, is on the ballot for a Supreme Court judgeship next month.

A spokesperson for the Office of Court Administration said court leaders are aware of the disparities and considering solutions to increase representation.

The disparity in people of color on the bench is particular problem in Queens, which is regarded as the nation’s most diverse county, said attorney Jawan Finley, the president of Queens’ Macon B. Allen Black Bar Association.

“The optics is reminiscent of a time from our not-so-distant past,” Finley told the Eagle Monday. “There has always been a sense of racism within the criminal justice system in terms of the number of arrests and the harsh sentences imposed on Black and Brown men.” 

Miret, the attorney with the Latino Lawyers Association, raised the same concerns as Finley during an interview following publication of the Eagle’s report.

“I agree with Jawan Finley — the optics are from a time past,” Miret said. “You talk about institutional racism and the disparity speaks for itself.”

Miret said the county Democratic Party has taken these concerns to heart in recent years. 

Rep. Gregory Meeks, the head of the Queens County Democratic Party, has met with the Latino Lawyers Association multiple times and acted on their judicial recommendations, he said.

Meeks said he is working to diversify the judiciary and ensure the bench more closely reflects the diversity of Queens.

“I’m in no way happy or satisfied with the number of individuals [of color] who are on the bench,” Meeks said. “We need much more. We need more African American males and females, South Asians, Latinos.” 

“There’s no denying that we’ve got work to do in Queens County,” he said. “We need to make sure Queens County, the most diverse borough in the country, is diverse in every way, and when I have the opportunity to recommend, nominate or influence in any way to make that so I will.” 

Correction: A previous version of this article did not include Justice Leslie Purificacion in a list of Latino judges in Queens Supreme Court.