Queens Civil Court Election Guide: Meet The Candidates

QUEENS, NY — The Democratic primary election for Queens district attorney isn't the only race coming up this month. Queens Democrats will also get to vote for civil court judge — for the first time in decades.

Typically the Queens County Democratic Party chooses candidates for judicial openings and they run unopposed. This year, one of the four open seats is contested: Attorney Lumarie Maldonado Cruz is running against the party's pick, defense lawyer Wyatt Gibbons.

The election is countywide, meaning that anyone in Queens who is registered as a Democrat can vote in this particular race.

The New York City Bar Association, which evaluates candidates in contested primary elections, recently rated Gibbons approved and Maldonado Cruz not approved. But a campaign staffer told Patch that Maldonado Cruz chose not to participate in the bar association's interview.

"Candidates rated Approved have affirmatively demonstrated qualifications necessary for the performance of the duties of the position for which they are being considered," the bar association's website says of its ratings.

The city's civil courts deal with "everyday legal problems," mainly cases involving less than $25,000. The relatively informal small claims court, which deals with matters involving under $5,000, is also part of civil court.

Civil court judges serve 10-year terms, during which they're assigned to different court divisions, known as "parts," or to do miscellaneous court work. Assignments may include family or criminal courts.

Patch interviewed both candidates by phone. Their answers have been condensed for length and clarity.

WYATT GIBBONS

Defense attorney Wyatt Gibbons grew up in Woodside and now lives in Flushing. He worked as an assistant district attorney in the special victims bureau of the Queens District Attorney's office and then as assistant attorney general in the Virgin Islands Department of Justice in St. Thomas. He opened his private practice in Kew Gardens in 1995. He received the endorsement of the Queens County Democratic Party.

He received his law degree from St. John's University School of Law.

Why did you decide to run?

I was designated by the Queens Democratic organization and, historically, in Queens County, when you get designated you run unopposed. This time, for the first time in almost 40 years, someone decided to challenge one of the spots. That's what's making me run and a mount a campaign. Why did I decide I wanted to pursue becoming a judge? I felt that, after 30 years of acting as an attorney and private practice, that I wanted to continue helping people but in a different capacity.

What is most important for voters to know?

That I'm very qualified for the position. I've been a litigator for 30 years. I've been in court pretty much my entire career. What I do for a living is I'm a trial attorney. I've tried cases from petit larceny all the way up to a double homicide. I've practiced in every court, literally. I've been in every court in Queens County during the course of my career. I've handled thousands of cases. I've got a pretty good idea of what makes a good judge and a not-so-good judge. I know both sides of the law, both the prosecution and the defense side.

What's your elevator pitch to voters?

I'm highly qualified, I'm experienced and I'm a fair person.

What's one case you've worked on that's really stuck with you?

There's so many. I had a young woman who was facing eight years in prison on a serious violent felony offense. I was able to get her some much-needed help and get her into some programs. She was released into an inpatient program. A little over a year after completing everything, she was sentenced [Tuesday] on a misdemeanor on probation and she has her freedom. She didn't become just another felon with no real future ahead of her because she spent time in prison and carries that around her neck for the rest of her life. She was a success story. Those are often few and far between in my profession.

LUMARIE MALDONADO CRUZ

Attorney Lumarie Maldonado Cruz was born in Puerto Rico and now lives in Jackson Heights. She previously worked in private practice and now works for the Character and Fitness Committee in the Appellate Division (First Department) of the New York State Supreme Court, helping evaluate candidates for admission to practice law. She has received endorsements from the East Elmhurst Corona Democratic Club and the Pan-American Democratic Association.

She received her law degree from CUNY School of Law at Queens College.

Why did you decide to run?

The judiciary is the only branch of government that is measured by its impartiality, and if it doesn't reflect the community that it's bound to judge, it undermines public confidence. The lack of diversity is mainly the reason. The civil court is a pipeline that allows judges to move up in the structure that we call the unified court system. The other way to get a judgeship is if you get appointed. Judges are elected in New York, so you run. That has been controlled by the establishment, and that's why on June 25 it's the first primary in decades.

What is most important for voters to know?

Ignorance is bliss. The people that control information control the outcome. The establishment has controlled the judiciary for so much time that they have an interest in people not knowing. They have to know and come out and vote. If you don't give people the choice, you're in essence depriving the community from the right to elect, the right to vote. When judges are elected, they're elected for a 10-year term. That's a long time, and that's in civil court. That's the people's court. It was established as one single court. From there, usually judges move to the Supreme Court, and within the Supreme Court there are other levels of the judiciary that people move up to. They're long-term seats, so the machine in essence controls the judiciary and who then gets to move up. It's important for people to understand that they have the right to elect their judges. Coming out for this primary is not only helping to create history, but it's sending a clear message that they are aware of their rights and they will exercise their rights. The bench must evolve with the community. A lack of diversity on the bench is not reflective of the community and that's unconscionable.

What's your elevator pitch to voters?

I don't have the machine backing, but what I have is the people that have enough faith in me to sign my petition and put me on the ballot. I am not beholden to anyone other than the people that will elect me. I am the community. I know the issues; I've lived them. I came here when I was 16. I had to learn the language. I've been a single mother struggling to put food on the table and pay the rent. I know what racism is, I know what sexism is. I also worked in the court system, in civil court, so I know what it takes to run a civil court courtroom. I don't need to be taught. I have the experience. I've been a litigator, I was in private practice. I took my baby girl with me because I couldn't afford day care. I am a reflection of the community and I am not an establishment candidate. I didn't have to wait for somebody to tell me, this is your chance.

What's one case you've worked on that's really stuck with you?

There's a lot of ethical restrictions that prevent me as a judicial candidate from going into the issues. When I was working in civil court, I dealt with anything a civil court judge handles. Anything $25,000 or below, some of the commercial contracts and consumer issues — and they all stick to me. Civil court is the people's court, and you need to bring with you a sense of compassion when you deal with people. When people come to court, they're looking for resolution, and it directly affects their life. Everyone that came before the judge and myself touched a part of me, because I saw in them a sense of desperation, a sense of seeking help. A human touch. When you go to court, it's bad enough that you have to deal with an unknown system. It helps a lot when you show kindness and treat them with respect. I can't point to anything in particular, other than it's a people's court. When you're in those situations, you want people to listen to you and be fair.