Opinion: Robbing Pedro to pay Pablo

Thomas Olivia is the president of the Latino Lawyers Association of Queens County. Eagle file photo by Caroline Ourso

Thomas Olivia is the president of the Latino Lawyers Association of Queens County. Eagle file photo by Caroline Ourso

By Thomas Oliva

There is much to celebrate in Governor Cuomo’s recent round of judicial appointments and nominations. Eight out of thirteen attorneys and jurists are Latino’s. Well done, and overdue. 

Since becoming the Queens County Chairperson Congressman Greg Meeks has implemented a policy of redressing the historically poor numbers of Latinos on the bench in Queens. When the Congressman came on board only 7% of the sitting elected Judges in Queens County were Latinos in a county where the Latino population hovers between 30 to 40 %. Due to

Congressman Meeks efforts the number of overall Latino judges is now around 13%. We applaud his efforts.

In Queens County, attorney Gary Miret has been nominated and placed on the Court of Claims. Judge Joseph Zayas has been appointed to the Appellate Division, Second Department. Anyone who knows these two individuals will readily admit that these two appointments are not only well earned but also well overdue. Without a doubt they will be great additions to the positions they enter.

But now the bad news. As a result of these moves we find ourselves with fewer numbers of Latino Judges sitting in Queens Supreme Criminal Term. We will have only one! 

Where sadly a significant number of witnesses, complainants and defendants are Latinos, very few of them will stand in front of a peer, a Latino judge, when it comes to the most serious and devastating crimes. Judge Zaya’s elevation and Judge Eugene Lopez’s retirement at the end of the year leaves a glaring void which must be immediately remedied. The elevation of a judge and the retirement of another only highlights the shell game we are forced to see when it comes to Latino judges in Queens County!

We are fortunate to have Mr. Miret, soon to be Judge Miret, from the Court of Claims assigned to Queens Supreme Court Criminal Term in an attempt to fill the Latino vacancies left by Judge Zayas and Judge Lopz but it doesn't even create an improvement in the numbers of Latinos sitting on the bench in Queens Supreme Criminal Court. Presently there is no “elected” Supreme Court Latino Judge sitting in Queens Supreme Court Criminal Term.

And also consider this. The only Latino sitting in Queens Civil Court is Judge Brenda Rivera. Judge Rivera had to be reassigned by OCA and borrowed from Bronx County to Queens County otherwise there would be no Latino judges in Civil Court. 

Again, last year's elevation and election of Justice Alomar to the Queens Supreme Court Civil Term left no Latino judges sitting in Queens Civil Court, where the sitting judges also preside over small claims court. Here again, where a significant number of plaintiffs and respondents are Latinos we have only one reassigned judge who is Latino.

Clearly, now is not the time to let up on addressing the lack of any kind of parity as evidenced by the voids that still remain and as the shell game continues.

Reassuringly we are at a point where we can see a trend leading to the end of the judicial shell game of robbing Pedro to pay Pablo. This can only occur with the continued efforts and resolve of Congressman Meeks, the advocacy of the Latino Lawyers Association of Queens County and the past and present support of our electeds such as State Senator Jessica Ramos and State Assemblyperson Catalina Cruz, State Assemblyperson David Weprin, former State Assemblyperson Michael Dendekker, and City Councilmember Fransico Moya.

Thomas Oliva is an attorney and president of the Latino Lawyers Association of Queens County.