Queens Family Inheritance Court to Get New Judge in Upcoming Election

A courthouse on Nov. 17, 2023. John Fredricks/The Epoch Times

A seat on the Queens Surrogate Court is up for grabs after 14 years now that incumbent Judge Peter Kelly is stepping down. Two candidates are vying to replace him in November’s election.

The Republican candidate is trusts, wills, and estates attorney Stephen Weiner, who represented clients in surrogate’s court for some 20 years and was previously a litigator.

“The developmentally disabled community gets guardianships from the Surrogate’s Court,” Mr. Weiner told The Epoch Times. “People need to pay attention to this court and the race.”

The Democrat candidate, Cassandra Johnson, is a sitting 11th Judicial District Supreme Court judge who was elected last year and began serving on Jan. 1.

If elected in November, Ms. Johnson is expected to abandon her current Supreme Court term, which ends in 2038.

“I preside over a general civil part, which includes matters involving real estate transactions, contracts, labor law, premises liability, motor vehicle accidents, foreclosures and general negligence,” Ms. Johnson said on her campaign website. “A lot of this work I feel has prepared me for the next step in my journey to serve as I run for the position of Surrogate’s Court judge.”

Most New York residents, upon death, can’t avoid surrogate’s court even with a will in place.

If someone dies without a will, his or her money and properties are handled by surrogate court appointees, and having a will offers no protection from judicial oversight for the deceased who leave behind assets of $50,000 or more. A public administrator is appointed by the surrogate court judge when there’s no representative to handle the deceased person’s affairs.

“Surrogate’s court is the apple of the judge’s circuit,” Queens Republican Party chairman Anthony Nunziato told The Epoch Times. “Surrogate court judges oversee everything. There’s a lot of people’s interests at stake, and if a case drags out or is challenged, there are heirs who are dependent financially on the outcome.”

Mr. Weiner said that if he is elected, he will take a fresh look at the court appointees who are assigned to distribute and manage those assets.

“There’s an ecosystem headed by the public administrator of businesses, attorneys, accountants, appraisers, and probably real estate brokers all of whom could be politically selected rather than professionals who are the best value for the people of Queens,” Mr. Weiner said. “I want to do the work better, fairer, and end the perception that there’s a political benefit to the Queens Democratic Party.”

The Queens Democratic Party is chaired by Rep. Gregory Meeks (D-N.Y.) who represents the state’s Fifth Congressional District.

Mr. Meeks did not respond to requests for comment.

U.S. Rep. Gregory Meeks (D-N.Y.), then chairman of the House Foreign Relations Committee, gives remarks at the opening plenary session for the African and Diaspora Young Leaders Forum at the African American History and Culture Museum in Washington on Dec. 13, 2022. Anna Moneymaker/Getty Images

Surrogate judges serve 14-year terms or until they are 70 years old, which is why Judge Kelly is stepping down. Due to his age, Mr. Weiner would only be permitted to work for four more years before he turns 70, while Ms. Johnson is young enough to serve a full term.

“There hasn’t been a seat open for a long time,” Mr. Nunziato said. “Once you’re in, you almost have to die in it to move out.”

Democratic Primary

In June, the Queens Surrogate’s Court had its first contested Democrat primary election since 1962, between Ms. Johnson and Civil Court Judge Wendy Li.

Although Ms. Li had $176,478 in cash on hand at the start of the year leading into the primary election, she lost with 45.1 percent of the vote. Ms. Johnson garnered 54.9 percent.

Ms. Li, who ran as a Democrat, blames the loss on alleged threats.

“Our campaign was very civil and respectful,” she told The Epoch Times. “But, on the other hand, our volunteers and supporters encountered political intimidation and sometimes even violence.”

Mr. Weiner said his campaign volunteers have not experienced intimidation or violence to date. Ms. Johnson did not reply to requests for comment.

“From this campaign, I realized that the Queens Bar Association and also a subcommittee of the New York City Bar Association have become the Queens political machine’s instrumentality for interest groups,” Ms. Li said. “It’s all set up. That’s why I ran this campaign for an independent court.”

Neither the Queens County Bar Association nor the New York City Bar Association responded to requests for comment.

Endorsed by the Queens Democratic Party, Ms. Johnson was raised in Queens. After graduating from St. John’s University School of Law, she began her legal career in family and matrimonial law before becoming a civil court judge.

Mr. Weiner, who was raised in the Bronx and attended Yale University for his undergraduate studies and subsequently Columbia University School of Law, acknowledges that he needs the support of Democrats to get elected because Democrats have a seven-to-one advantage in the borough.

“I need widespread support among all kinds of people who actually care that the court treat their heirs properly,” he said.

“There’s a natural tendency to party-line vote in Queens, and that is very detrimental to me because I’m on the party line with a minority conservative registration. I need ticket splitters.”