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Date Posted:8/19/04


Judges: Present and Future
by:Kevin Benoit

Part One: Justice Deborah Dowling

Justice Deborah Dowling is one of the judges of the New York State Supreme Court. She was born and raised in Brooklyn, New York. It may seem funny but when she was younger, all she knew was that she wanted to graduate from high school and then work at an office with her own desk. “It may seem like a low expectation, but I didn’t know what I wanted to do, I just knew that I wanted to work in an office atmosphere.”
Justice Dowling has been serving as a Supreme Court Judge since 1997. I have known her for only a couple of years now, but I’ve gotten the chance to see the great job she does on many occasions. I’ve watched trials and seen the entire court process with her at the wheel and it can be an incredible thing. As a mentor, she is as good as it gets-just ask her current law clerk, Ms. Robin Kelly Sheares. Justice Dowling also spends some of her time mentoring students in the Thurgood Marshall Academy at George W. Wingate High School for Moot Court and Mock Trial competitions when school is in session.
Justice Dowling truly had no intentions on becoming a judge and it wasn’t until she became a lawyer that she even gave it a thought. “I represented people in landlord-tenant hearings, and the thing I observed was that you had to hope that you were sent to a particular judge in order to receive justice. I always felt that it shouldn’t depend on the judge but that every judge that you were in front of you should have an equal opportunity to be heard and to present your case. That really inspired me to apply for the position as a housing court judge because I knew that I would listen to every body and give everybody an opportunity to be heard. I always said that if in fact I were given an opportunity to be appointed as housing court judge that I would go over every agreement to make sure that every tenant understood what his or her rights were.”
Justice Dowling has held a position as a judge in three different courts, housing, civil and the New York Supreme Court. To be a black woman and to become a judge in the 80‘s may seem like it was a task in of itself and so much to overcome, but Justice Dowling didn’t really seem to see it that way. “The only thing I had to overcome were my own fears of not being able to achieve. I knew that I had to apply myself, work diligently and a lot of times when I would rather have been doing other things I didn’t. You have to sacrifice now in order to achieve later. That and the opinion of other people that I couldn’t do it were the only real things I had to overcome.”
In order to become a judge there is a process that Justice Dowling and all other judges had to go through. First of all you have to graduate from high school, college and then law school. Next you have to pass the New York State Bar Examination. You must be admitted to practice law for more than five years for housing court judge, and for civil court judge more than ten years. “For Civil Court Judge and Supreme Court Judge I had to run a campaign, had to get signatures so I could appear on a ballot so that people could vote for me. Particularly when I ran for Civil Court Judge I had to have a primary thereafter I was placed on a ballot in November and the citizens of the County of Kings had an opportunity to choose whether to vote for me or not. Thank God they chose to vote for me. The Supreme Court is by Judicial Convention, your name appears on a ballot in November and the people of the County of Kings and Staten Island have the opportunity to vote. I was elected in 1996 so I started sitting as Supreme Court judge on January 1st 1997.”
As a judge, there are certain duties that must be done; because Justice Dowling sits on the criminal side of her job entails deciding whatever motions come to her, selecting the jury to try the case and sentencing, among other things. On the Civil side other judges select your jury so by the time the case comes to you the jury has already been selected. She presides over cases that are felonies, which are cases that hold a penalty of more than one year in jail.
The Supreme Court of the land-the one in Washington holds the ultimate decision in their cases, but the decisions by the Supreme Court of New York are far from final. Once a case is tried if the person is convicted they have the right to take an appeal to the Appellate Division, which is the next level of the court. From the Appellate division the ultimate court of power in New York is the Court of Appeals of the State of New York. The Supreme Court of the State of New York State is the first trial level.
As I said before, I’ve sat through a real trial and it is so different from what you see on T.V. Justice Dowling agrees. “On television criminal cases are tried in one hour, that never happens in real life. People get lulled in a state of complicity that everything moves really quick like clockwork. It’s not. Anyone who has observed a trial knows that witnesses are not as eloquent as they are on television, whether it’s Law and Order or any other legal program, and the way the cases are solved is certainly not how they are on television.”
There are many shocking things that happen in a courtroom. You see it on the news all the time. Justice Dowling says that she believes that the most shocking things she has seen is the “nature of brutality, there’s been some where the behavior of attorneys have been shocking also, they are supposed to act in a professional manner but they don’t always do so.”
Supreme Court Justices in New York State are elected to a fourteen-year term. Civil Court Judges are selected to a term year term and housing court judges are selected to five year terms. The next time Judge Dowling is expected to run is in 2010, “If the people of the County of Kings feel that I am doing a good job, I will seek reelection and I guess they will let me know if they choose to vote for me.”
JUSTICE DOWLING ON TAKING IT TO A HIGHER POSITION: “If given the opportunity I think everyone should always have their hopes and desires geared to achieving the most that they can in their life. Sitting on the Court of Appeals is always something to aspire to and I think every sitting judge aspires to achieve the most that he or she can achieve.”
We would like to congratulate Justice Dowling on all her accomplishments and would like to wish her much more success in the future.

Part Two: Robin Kelly Sheares>>>

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